Father accuses State of abandoning daughter 'taken to Poland'
High Court reporters
A father has accused the State of abandoning the rights of the most vulnerable members of our society amid a claim that his wife "abducted" their daughter and took her to Poland without his consent.
The man is seeking orders directing the State to take immediate action to assist in the return of his child.
The child's mother took her to Poland, the mother's homeland, without the father's consent, and he has been unable to track her down despite a Polish court order that the child be returned to Ireland. That order is being appealed by the children's ombudsman in Poland.
The child's parents had been in a dispute over the mother's claim that the three-year-old would receive better medical treatment in Poland.
At the High Court, the man sought a motion from the court to compel the State to act for the return of the child.
He told Ms Justice Mary Rose Gearty that he had been forcibly separated from his daughter for 586 days and that it was his fifth time appearing in an Irish court regarding the girl's return.
He has taken the action against the Taoiseach of Ireland, the Minister for Justice and the Minister for Foreign Affairs.
He told Ms Justice Gearty the situation should not be allowed to continue and accused the Irish government of "direct incompetency".
"The Department of Justice, in the shape of the central authority has buried its head in the sand and abandoned the rights of the most vulnerable members of our society – a young child," he said, adding that the State is "merely a post box and does not uphold the rights afforded to me and my daughter under the Constitution of Ireland".
He accused the Department of Foreign Affairs of displaying "utter weakness and abdication in the face of a foreign state seizing one of its children and trampling over a father’s rights".
He further submitted to the court that the Polish ombudsman had "engaged in State-sponsored child abduction" and that it had "insulated my wife from the effect of law".
He said that he has had a valid return order for the child since last May and had made 11 attempts in Poland to locate and collect his child but she was "nowhere to be found".
The man claims the Irish State sought to "kick out" his case and seek their costs against his action, a situation he described as "disgusting".
"Shame on you all," he submitted.
"I ask the Court to direct the State to take all reasonable steps — diplomatic, legal, and practical — to locate her and bring her home," he said.
Ms Justice Gearty said the matter was "extremely sensitive", that it was an "appalling situation" for the man, adding that it was an "especially poignant" case.
Clare O'Shea BL, for the State, said the State had sympathy for the man and that the Departments of Justice and Foreign Affairs had been involved with "various engagements" in the matter.
"We are very conscious that this case concerns a minor," she said.
The man said that if something happens to his daughter there would be "retributions" and told the State to send his daughter "a birthday card".
"The time for talking is over. This is beyond the Pale," he said.
Ms Justice Gearty fixed a date later this month for a full hearing in the matter.
