High Court orders man’s arrest over failure to return three children to their mother in UK

A judge has made orders directing An Garda Síochána to arrest and bring the father of three children before the court over his alleged failure to return them to their mother in the UK.

The order was made by Mr Justice Garrett Simons in relation to the man who, along with members of his family, cannot be identified for legal reasons.

The children, all under the age of 16, were the subject of proceedings brought by their mother under the Hague Convention, an international agreement governing alleged child abduction. She sought court orders directing that the children be returned to their country of habitual residence, the UK.

The family are not Irish nationals, but earlier this year the children were all taken to Ireland, where they have been residing at a location outside Dublin with their father. The mother claims he was not entitled to re-locate them away from the jurisdiction of England and Wales. The mother’s applications were opposed by the father.

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The High Court and the Court of Appeal made orders last month directing the father to return the children by August 8th. Following his alleged failure to comply with that order, he was further directed to bring the children to a location in Dublin on Wednesday morning, which he also failed to do.

The mother’s lawyers returned before Wednesday’s vacation sitting of the High Court and asked Mr Justice Simons for orders against the father over his alleged contempt of court. Mr Justice Simons directed that the man be brought to court by gardaí to answer his alleged contempt. He was further ordered to provide the children’s passports to gardaí.

He also made orders allowing An Garda Síochána and Tusla, the child and family agency, to enter the property where the man and children have been residing for the purposes of securing the children and bringing them before the courts.

The matter is expected to return before the High Court in the coming days.