An unmarried father today won the first part of a landmark legal battle to have his children return to Ireland from Britain.
The High Court ruled that the man's former partner was wrong to take his two-year-old twin boys out of the jurisdiction.
The case, the first of its kind, could redefine the status of unmarried fathers in Irish law. Up to now, an unmarried father has had no legal rights over a child born outside marriage unless he has been appointed a legal guardian.
In his judgment, Mr Justice Liam McKechnie said that as the man - known only as "Mr G" - had taken court proceedings for custody and guardianship of the children, removing them from the jurisdiction was wrongful.
Mr Justice McKechnie was due to give his ruling in the potentially landmark judgment yesterday, but it was postponed because all the parties were not notified.
The High Court heard the couple, who cannot be named for legal reasons, had been together for three years and were engaged to be married when in January the woman - known as Ms O - took the twins back to Manchester where her parents lived.
Mr G, a teacher who claimed he was primary carer for the toddlers, maintained they were taken without warning and without his knowledge or consent.
The High Court heard that although Ms O left the state in January, it was not until April that she made the first formal notification that she intended to remain in the UK.
By this stage, Mr G had already instituted proceedings in a District Court for custody and guardianship.
He also applied to the Royal Courts Of Justice in London, where he sought the return of his children under both the Hague Convention and Council Regulation. Legal history was made there when Mrs Justice Mary Hogg said she did not have the jurisdiction to make a decision on the case as it was a constitutional issue for the Irish courts.
She ordered that the authorities must find whether the children's removal from the state was unlawful under Article 15 of the Hague Convention 1980, which deals with child abduction.
Although today's decision can be appealed to the Supreme Court, the case is now set to return to the Royal Courts of Justice.
PA