Court rules children's removal from State unlawful

The Supreme Court has rejected an appeal by a mother of twins against a High Court judgment that found their removal from the…

The Supreme Court has rejected an appeal by a mother of twins against a High Court judgment that found their removal from the State and retention in Britain without the consent of their father was unlawful.

In the "Mr G" case, the father brought a successful action against the mother, who took them to England in January.

An order declaring their removal as being unlawful was made in the High Court following its September judgment.

The Chief Justice, Mr Justice John Murray, delivered the 31-page judgment of the Supreme Court today, dismissing the mother's appeal against that High Court ruling.

READ MORE

The Supreme Court held that the retention of the children by the mother outside the jurisdiction was a "wrongful retention" under Article 3 of the Hague Convention on child abduction.

The court added its ruling did not determine any issue related to custody, access or guardianship, or what country the infants may ultimately be permitted to reside in.

Following the High Court ruling in September, family-welfare groups called for a change in the law in relation to the status of unmarried fathers who have no automatic rights to their children.

A hearing of a separate case brought by "Mr G" in London was last month formally adjourned to December 18th pending the Supreme Court ruling here. His action in the British courts seeks the return of his children under the Hague Convention.