An unmarried father whose two-year-old twin boys were taken to Britain without his consent or knowledge is to have his abduction case heard in London next Friday. Ronan McGreevyreports
Mr G is seeking the return of his children who were taken by their mother to Britain in January.
She is now set to appeal to the Supreme Court this week's High Court judgment which held that the continued presence of the children in Britain is unlawful.
A declaration was made by the High Court yesterday which gave force to the lengthy judgment made by Mr Justice Liam McKechnie earlier this week.
The declaration states that the continuing retention of the children in England after Mr G made an application to the District Court in Trim in March of this year is unlawful and in breach of both the right of custody of Mr G and the court itself under the terms of the Hague Convention which covers child abduction.
When the case was first heard in the High Court in London on July 2nd, it was returned to the Irish jurisdiction to decide whether the removal of the children from Ireland was unlawful under the terms of the convention.
Mr G will now use the Irish order in the High Court in London next week in an attempt to have his children returned to Ireland.
Sonya Dixon, counsel for the boys' mother, requested that a stay be put on the order as the mother, known in court proceedings as Ms KAO, intended to appeal the decision to the Supreme Court as "soon as possible".
The request was refused by Mr Justice McKechnie who said in "no circumstances" would he grant such a stay as there was an urgency to the matter. A stay would negate the effects of court proceedings that had taken place in the last couple of weeks, he said.
Ms Dixon said the case was one of considerable public importance and amounted to a test case.
She requested that no order for costs be made against Ms KAO as she had taken legal advice before taking her children from Ireland.
Ms Dixon said that irrespective of whether the court felt that the mother had done wrong in removing the children, she had acted in "good faith at all times".
Former minister for justice Michael McDowell SC, who is representing Mr G, asked that costs in the action should be made against Ms KAO as a result of this week's ruling.
Mr Justice McKechie said his ruling was only a "sub-event" in the overall court proceedings and did not guarantee that Mr G would win his case in in London next week.
He gave both sides liberty to apply for costs at a later date.