AN Irish-born mother who disobeyed court orders by bringing her young daughter from Spain to Ireland was told by the Supreme Court yesterday the child could remain here. The court overturned a High Court finding that the eight-year-old should be returned to Spain.
Delivering the judgment, Ms Justice Denham said the decision was based on the long and inappropriate delay by the father in starting legal proceedings against the mother in the Irish courts. Despite the reprehensible behaviour of the mother in removing the child, the court favoured the child remaining in its new settled environment.
The girl was born in 1991. Her Spanish father and Irish mother were not married but had lived together in Spain with their child. In May 1993, the mother came to Ireland with her daughter. Following a request from the Spanish authorities, an Irish court ordered the child's return on December 19th, 1994.
After the mother and child returned in January 1995, civil proceedings to get access for the father to his child were initiated in Spain. In March 1996, the mother alleged the father had sexually abused the child and the Spanish court directed that access by the father cease.
Following an application in July 1996 from the mother to bring the child to Ireland, the Spanish court directed that the child should not leave Spain and said the mother would commit a crime if she were to leave with the child. In October 1996, both came to Ireland and lived with the mother's parents. They continue to live in an area near her parents.
The father brought proceedings in the Irish courts in mid-1998, 20 months after the mother had removed the child from Spain, Ms Justice Denham said. There had been significant delay on the father's part in starting such proceedings. He was aware of the mother's parents' address and it was extraordinary he did not telephone the parents.
She said there was a delay of about one year after the father was informed by Interpol before proceedings commenced.