Today I'm posting about something not relating to crafts, gardening or food! Amazing!
Actually the law has been an interest of mine for a long time - at one time I seriously considered becoming a lawyer - and the story of a friend of mine has jolted me back into that line of thinking.
Now let's imagine for a moment that you are separated from your partner, the parent of your children. And that you have custody. Is it right that your ex-partner should get to decide where your child (and you) will live?
Secondly let's suppose that you are British and your ex is Irish. Each of you wants to live in your own country. You are currently living in Britain. We have two possibilities here.
1/ The ex moves back to IE, you remain put with child, they have visiting rights at weekends. This is fine.
2/ The ex takes your child back to IE against your will (you have custody, remember). You are still in the UK. This is known as kidnap. Is it ok legally? Nope. Will your child be returned to you by the Irish courts? Um, maybe. Maybe not. Last year there were 46 new cases of this sort in court in Ireland. It is a signatory to the Hague convention, which means that Ireland should send the child back, but in several cases they did not. Some legal experts are even complaining that Ireland is becoming a safe haven for "abductor parents".
Now - humour me for a moment - let's suppose it's the other way round. You both want to live in your own countries, but you're in Ireland. You still have custody though. Because you want to move away with the child, your ex needs to give official permission.
1/ The ex gives permission. Yay! You make sure they get very frequent visits. This is all wonderful.
2/ The ex does not give permission, even though you offer him a great deal. Your child is living in Ireland against your will, and
you are stuck in Ireland against your will. Held hostage. Because if you leave, you will have to relinquish custody. And if you leave with the child,
you will be charged with kidnap. Meanwhile as you stay you gradually become ill with the stress, loneliness, and worry.
Is this legal? Oddly enough, yes. Is it logical that it should be legal?
I think not. Surely when the courts grant custody of a child, they must pick the parent they think is better suited to look after that child and look out for its best interests. How is kidnap illegal, but holding someone hostage not?
Then again, who says the law has to be logical, or even fair? Well technically it's the courts that are unfair:
"Where parents cannot agree
the Court can make a decision which might permit one parent to move away subject to rights of access in favour of the other parent."
They
can. But evidently they don't. Even when the rights of access mentioned have been promised and would even be better than the rights of access the other parent currently receives. It seems the courts think living in Ireland is the best thing for a child regardless of whether they have been kidnapped or whether it is affecting the wellbeing of their main caregiver. I'm sure Ireland is a lovely place. But probably not
that lovely, eh?
This situation has been real life for several years for the star of the
Save One Mammy campaign, whose story you can read more about
here. We hope and pray that in her case it will be resolved happily. But she's not alone. There are many other women out there - and perhaps some men too - who are going through this, and the number will only increase as globalisation leads to more international marriages. Hopefully by blogging about this we can raise awareness so the law will be changed. It shouldn't be all that hard for lawmakers to draft a clause that would state that where rights of access for the non-custodial parent are going to improve as a result of the move abroad, permission should be granted by the courts.
This post is part of the Save One Mammy campaign. Mammy is fighting for the permission to leave Ireland together with her English-born daughter and return home to England; something her estranged husband is trying to prevent by all means and for seemingly egotistical reasons only. Parental alienation, unfair hearings and a clear and blatant violation of every EU citizen’s right to free movement are just a few of the hurdles she has to overcome. Please help us to raise awareness and visit her blog to support her in her campaign.
Sources:
http://www.international-divorce.com/ireland_child_abduction.htm
http://www.rdj.ie/_fileupload/File/Child%20Abuse%20Feb%2009.pdf