AN AMERICAN mother and daughter of Irish descent who brought the daughter’s two children to Ireland in alleged breach of access orders made by the US courts have told the High Court they fear for the safety of the daughter and children if they are extradited.
The US is seeking to extradite the mother and daughter, who cannot be identified for legal reasons, for taking the now teenage children out of their home state in alleged breach of court orders.
The two, who could face a prison sentence of two years, are opposing the order and say they have safety fears arising from alleged violent behaviour of the daughter’s former husband and father of the children.
After hearing submissions yesterday, Mr Justice Michael Peart reserved his decision until the new year.
The judge was told a district court in the women’s home state had made an order in March 2005 granting the children’s father access at weekends but they had in early April 2005 failed to show up at a designated pick-up point.
Following an investigation, it was discovered the children’s mother and grandmother had gone to Ireland. The case was later the subject of a hearing under the Hague Convention in 2007 when the High Court found the children feared their father.
The children’s father and mother had married in the 1990s, had two children, but divorced some years later. Following the marriage break-up, an order was made providing for both parents to have access to the children.
In an affidavit, the children’s mother said her former husband had tried to run her over in his truck and his wife had stabbed her repeatedly, causing her serious injuries, while he looked on.
The woman claimed that, after one of her daughters 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.
However, another order was drawn up in March 2005 giving him a degree of access. As a result, the mother said, she, her own mother and the two children decided to come to Ireland. They now lived here and the children were attending school.
Jeremy Maher SC, for the Attorney General, argued there was nothing prohibiting the court from ordering the extradition of the mother and daughter. While fears had been expressed about the safety of the children, there was no evidence that the help of either the district court, the local police, or the independent child protection services in their home state had been availed of, he said.