THE HIGH Court has refused to extradite to the United States an American woman and her mother wanted for taking the woman’s two children out of their home state, allegedly in breach of an access order.
The two women and children now live in Ireland but none of the parties may be identified by order of the court.
In a reserved judgment yesterday, Mr Justice Michael Peart said he was refusing to make the order in respect of both women after holding that their alleged offences did not correspond with offences under Irish law.
The lack of correspondence represented “an insurmountable difficulty” in the extradition application, he ruled.
Both women had been on bail since their arrest on January 19th, 2009, and the judge yesterday made a formal order discharging them from bail.
The woman and her mother, who are of Irish descent, had opposed their surrender to the US on grounds including that their safety was at risk arising from alleged violent behaviour by the woman’s former husband, the father of the two children.
The extradition proceedings were initiated by the US authorities over alleged interference with a child custody access order.
Conviction of such an offence could result in a prison term.
A court in the mother’s home state had made an order in March 2005 for the granting of weekend access to the children’s father. However, on April 3rd of that year, the children failed to show up at the designated pick-up point.
An investigation was launched and it was discovered that the children’s mother and grandmother had brought them to Ireland.
All four now live in Ireland and the children are both attending school.
In his decision, Mr Justice Peart said that before making an extradition order, he had to be satisfied that on the date in question, the offence alleged would, if committed in this State, have amounted to a criminal offence.
He said the children’s mother and the grandmother were charged in the indictment with “intentionally and knowingly retaining” the two children on April 3rd, 2005.
However, there were “no facts” they did anything on that date which, if done here, would have amounted to an offence.
The children’s father and mother had married in early 1990s but divorced some years later.
Following their break-up, an order was made providing both parents with access to the children.
The children’s mother claimed she and one of her daughters were subject to violence from her former husband. She said her former husband tried to run her over in his truck and that his new wife repeatedly stabbed her, causing serious injuries, while he looked on.
The mother also claimed that after one of her daughter’s became depressed and had a shoulder injury, it was discovered the girl had been assaulted by her father.
As a result, a court order was made in July 2004 denying him access to the children but a later order of March 2005 gave him some access.