Breakdown of cases dealt with by

the Irish Central Authority in 2011

The combined total of 261 applications (142 new, 119 ongoing from previous year) being dealt with by the Irish Central Authority in 2011, were made under the following international instruments:

  • 125 applications were made under the 1980 Hague Convention;
  • 55 under the Brussels II bis;
  • 79 under the 1980 Hague Convention and the Brussels II bis;
  • 2 under the Brussels II bis and the 1996 Hague Convention.

Incoming Cases (113): -

In summary, in 24 applications, it was decided mostly on a voluntary or consent basis that the children return to where they had been living. In 12 applications, it was agreed that access arrangements be put in place. In 3 applications, the High Court refused the return of the children. 62 cases were awaiting resolution at the end of the year. A more detailed breakdown of these figures follows.

Outgoing Cases (148): -

In summary, in 27 applications, it was decided that the children should return to where they had been living. In 17 of these 27 applications, foreign courts ordered the return of the children and in 10 applications, the children were either returned voluntarily or the parties reached an agreement. In 5 applications, foreign courts refused the return of the children. 21 outgoing applications were withdrawn. 72 cases were awaiting resolution at the end of the year. A more detailed breakdown of these figures follows.

Status of cases at 31 December 2011

Incoming / Outgoing / Total
Court Order return / 3 / 17 / 20
Judicial Order for return by consent / 5 / 1 / 6
Court Refused return / 3 / 5 / 8
Court Refused return/access arrangements made / 2 / - / 2
Settled by consent - child returned / 2 / - / 2
- child not returned / 1 / 2 / 3
- access arrangements made / 8 / 3 / 11
Voluntary return / 14 / 9 / 23
Withdrawn / 2 / 21 / 23
Access order registered (Article 21 of Brussels II bis)[1] / 2 / - / 2
Awaiting Resolution / 62 / 72 / 134
Application Refused by Central Authority / 2 / 5 / 7
Article 55 (of Brussels II bis) assistance given[2] / 2 / - / 2
Article 56 (of Brussels II bis) assistance given[3] / - / 11 / 11
Order under Article 39 (of Brussels II bis) enforced[4] / 1 / - / 1
Proceedings struck out / 4 / 2 / 6
Total / 113 / 148 / 261

Breakdown of new cases by ContractingState - 2011

Country / Incoming / Outgoing / Total
Australia / 1 / 2 / 3
Brazil / - / 1 / 1
Canada / - / 1 / 1
Cyprus / - / 1 / 1
CzechRepublic / 2 / 1 / 3
EnglandWales / 24 / 39 / 63
Estonia / 1 / - / 1
France / 2 / - / 2
Germany / - / 3 / 3
Hungary / 1 / - / 1
Italy / - / 1 / 1
Latvia / 4 / 2 / 6
Lithuania / 2 / - / 2
Netherlands / 1 / - / 1
New Zealand / 1 / - / 1
Northern Ireland / 2 / 10 / 12
Poland / 4 / 6 / 10
Romania / - / 1 / 1
Scotland / - / 12 / 12
Slovakia / 2 / 1 / 3
South Africa / 1 / - / 1
Spain / - / 3 / 3
Sri Lanka / 1 / - / 1
USA / 4 / 5 / 9
Total / 53 / 89 / 142

Number of Cases Received October 1991 - December 2011

1992[5] / 42
1993 / 73
1994 / 90
1995 / 101
1996 / 87
1997 / 99
1998 / 92
1999 / 73
2000 / 71
2001 / 65
2002 / 72
2003 / 66
2004 / 70
2005 / 94
2006 / 111
2007 / 99
2008 / 141
2009 / 136
2010 / 140
2011 / 142
Total / 1,864

Number of Children Subject to Child Abduction Proceedings

1992 / 80
1993 / 125
1994 / 151
1995 / 184
1996 / 153
1997 / 164
1998 / 159
1999 / 118
2000 / 114
2001 / 96
2002 / 112
2003 / 99
2004 / 97
2005 / 154
2006 / 160
2007 / 155
2008 / 183
2009 / 183
2010 / 193
2011 / 198
Total / 2,878

Information Note

Child Abduction Conventions and Regulations

The Conventions and the Regulation relating to the abduction and custody of children provide for the establishment of a Central Authority in each "contracting state" that is a party to them, including Ireland, to administer the various procedures involved.

The 1980 Hague Convention on the Civil Aspects of International Child Abduction(the 1980 Hague Convention)

The 1980 Hague Conventionis designed to ensure the return of children who have been removed from one contracting state to another - usually by a parent in defiance of the wishes of the other parent. It is based on the principle that the custody of a child should be decided by courts in the state in which the child habitually resides. There are over 80 states contracting parties to the 1980 Hague Convention. Under Article 13 of the 1980 Hague Convention, a State is not bound to order the return of a child in some circumstances, e.g. where there is a grave risk the child’s return would expose it to physical or psychological harm or otherwise place it in an intolerable situation. The Child Abduction and Enforcement of Custody Orders Act 1991gives the force of law in the State to the 1980Hague Convention and the Luxembourg Convention.

The European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children(The Luxembourg Convention)

The Luxembourg Convention is designed to ensure that custody and access orders granted in one contracting state are recognised and enforced in other contracting states.In the European Union, this convention has been superseded by the European Council Regulation (2201/2003) Concerning Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and Matters of Parental Responsibility (commonly known as Brussels II bis).

The 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention)

This Convention is broad in scope, covering a wide range of civil measures including measures of protection concerning children, from orders concerning parental responsibility and contact to public measures of protection or care, and from matters of representation to the protection of children’s property. Its purpose is to enhance the provisions of the 1980 Hague Convention. The Protection of Children (Hague Convention) Act, 2000gives the force of law in the State to the 1996 Convention.

The European Council Regulation (2201/2003) Concerning Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and Matters of Parental Responsibility (commonly known as Brussels II bis) complements the Hague Convention on International Child Abduction by enhancing the role of the country of habitual residence and by enabling speedier resolutions of such cases. The Regulation applies to abductions between EU member states, as well as to procedures for the recognition and enforcement of other types of orders relating to children.

Further information can be found at:

– The Department of Justice and Equality Website -
– The Hague Conference on Private International Law Website -

You can read the text of Council Regulation (EC) No. 2201/2003 on theEUR-Lexwebsite. See also: Practice Guide for the Application of Council Regulation (EC) No. 2201/2003

[1] Brussels II bis refers to Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgements in matrimonial matters and matters of parental responsibility (Brussels II bis Regulation) and Article 21 deals with Right of Access.

[2] Article 55 deals with requests for information regarding the social situation of a child.

[3] Article 56 deals with the placement of a child in another MemberState.

[4] Article 39 provides for certification concerning judgments in matrimonial matters and parental responsibility.

[5] 1992 figures are from October 1991 to December 1992