Three siblings who were the subject of child abduction proceedings have been returned to England by their father, the High Court has heard.
Mr Justice Garrett Simons on Thursday directed gardaí to issue a Child Rescue Ireland (CRI) alert in respect of Godjoy Da Silva (10), Jeafide Da Silva (13) and Jenovie Da Silva (16).
When the matter returned before the court on Friday, the judge heard the children had been taken to Liverpool by their father Pedro Da Silva, who boarded a ferry from Belfast on Thursday.
The court heard the English authorities stopped and interviewed Mr Da Silva, but did not identify any child welfare concerns and no criminal charges have been brought against him. He gave the English authorities an address in Liverpool and was then released.
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Any further steps in the matter would be an issue for the English authorities, Mr Justice Simons was also told.
The children had been residing in Ireland after being taken from England by Mr Da Silva last December. Their mother, Alice Da Silva, who is separated from Mr Da Silva, claimed the children were brought to Ireland without her consent and in breach of joint custody orders issued by the English courts.
Obtained orders
She successfully obtained orders from the Irish courts under the Hague Convention, an international agreement governing alleged child abduction, for their return to England, which is the country of their habitual residence.
Matters escalated when Mr Da Silva, who opposed the application for the childrens’ return, failed to comply with a court-set deadline to facilitate the children’s return to England.
Arising out of that failure, the High Court on Thursday directed gardaí to issue the CRI alert due to concerns about the safety and welfare of the children. He ordered that Mr Da Silva be arrested and brought before the court to answer his alleged contempt.
Anthony McBride SC, appearing with Alex Finn Bl, instructed by solicitors for the Irish Legal Aid Board, for Mrs Da Silva, said as the children were back in England the purpose of the child abduction proceedings had been fulfilled. The bulk of the orders made by the court could now be struck out, counsel said.
Counsel said that An Garda Síochána deserved to be “commended for their diligence” in trying to locate the children.
Boarded ferry
After liaising with various different authorities in Ireland and the UK, gardaí discovered that Mr Da Silva boarded the 10.30am ferry from Belfast and arrived in Liverpool at around 6pm that evening.
However, counsel said that Mr Da Silva had “misled the court”. He sent emails on Thursday stating that he intended to “fly back with the children” that night, while at the same time he was travelling to Liverpool by ferry.
Prior to his departure, Mr Da Silva had acted in “complete contempt” of orders made by the court by not handing over the children to the authorities here, counsel said. In light of those actions, counsel said his client was seeking an order directing Mr Da Silva to pay the legal costs of the proceedings.
In addition, counsel asked the court to adjourn the proceedings generally, rather than dismiss them in their entirely, should Mr Da Silva ever return to this jurisdiction with the children. Mr Justice Simons agreed with counsel and adjourned the child abduction proceedings generally and struck out the bulk of the subsequent orders made against Mr Da Silva.
The issue of costs, the judge ruled, is to be considered by his colleague, Ms Justice Mary Rose Gearty, who had determined and given judgement on the main child abduction proceedings. Mr Justice Simons said that he did want to make an order for costs against Mr Da Silva at this point as he was not present or represented in court.