Court to rule in landmark custody case

An unmarried father in Ireland will learn today if a landmark High Court battle to have his twin boys returned from England is…

An unmarried father in Ireland will learn today if a landmark High Court battle to have his twin boys returned from England is successful.

Mr G, who can not be named for legal reasons, is taking the case against his former partner, who moved to Manchester with his two-year-old boys in December.

The two children were taken to England in December by their mother. Mr G is seeking the return of the children under the terms of the Hague Convention, which covers child abduction.

However, under Irish law an unmarried father has no rights over a child unless he has been appointed a legal guardian.

READ MORE

Under the convention, a parent must prove that he or she had a right of custody at the time of a child's removal to claim parental responsibility.

The case is the first of its kind in the country and if successful it could redefine the status of unmarried fathers in Ireland.

Mr G's legal team - which includes former tánaiste and minister for justice Michael McDowell as senior counsel- have argued that under the terms of the European Convention on Human Rights, unmarried fathers have the same rights as married fathers.

The case was heard in camera earlier this month by Mr Justice Liam McKechnie, who must also decide whether the children's removal from the State was unlawful.

His judgement was ready to be delivered yesterday afternoon but was deferred to this morning when it emerged all parties concerned were not present. The boys' mother, known in the case as "O", is in England and was not in court yesterday.

The judge said it was essential everybody be given the opportunity to attend from England and elsewhere.