Saunders v Mid-Western Health Board

• Jurisdiction: Ireland
• Judgment Date: 01 January 1989
• Neutral Citation: 1988 WJSC-HC 2972
• Date: 01 January 1989
• Docket Number: 1987/205SS
• Court: High Court

SAUNDERS v. MID- WESTERN HEALTH BOARD

IN THE MATTER OF THE CONSTITUTION AND IN THE MATTER OFSTEPHEN SAUNDERS, SALLY SAUNDERS, AND SARAH SAUNDERS, INFANTS AND IN THEMATTER OF APPLICATIONS BY ALAN AND MARGARET SAUNDERS

APPLICANTS

AND

MID-WESTERN HEALTH BOARD

RESPONDENTS

AND

ANTHONY GREENE ON BEHALF OF THE OFFICIAL SOLICITOR TO THEHIGH COURT IN ENGLAND

APPLICANT

AND

MID-WESTERN HEALTH BOARD

RESPONDENTS

1988 WJSC-HC 2972

1987/205SS

THE HIGH COURT

Synopsis:

CONFLICT OF LAWS

Comity of courts

Children - Foreign domicil - Foreign wardship - Abduction - Removal to Ireland - Return of children sought by foreign local authority with approval of foreign court - ~See~ Infants, custody - (1987/205 SS - Hamilton P. - 11/5/88)

|Saunders v. Mid-Western Health Board|

INFANTS

Custody

Abduction - Parents - Foreign abode - Children - Wardship of foreign court - Comity of courts - Children removed from foreign jurisdiction by parents - Family living in Ireland - Children removed from Irish home pursuant to warrant of removal - Failure to comply with statutory conditions for execution of warrant - Challenge to legality of local authority's custody of children - Habeas corpus proceedings under the Constitution - Application for return of children to foreign local authority - Return of children ordered - Section 24, sub-s. 1, of the Act of 1908 provides (inter alia) that, if it appears to a District Justice, on information on oath that there is reasonable cause to suspect that a child or young person has been or is being "assaulted, ill-treated or neglected" in a manner likely to cause the child or young person unnecessary suffering or to be injurious to his health, the District Justice may issue a warrant authorising a named garda to search for such child or young person and, if it is found that he is or has been so treated, to take him and detain him in a place of safety - On 15/12/86 the High Court of Justice (Family Division) in England ordered (by consent) that three children, aged from 13 to 10 years, should remain wards of court during their respective minorities or until further order - The order committed the children to the care of the Hampshire County Council and directed the father of the children to submit himself for examination by a psychiatrist - The children's parents were domiciled in England - On 13/3/87 the parents of the children removed the children from the care of the Hampshire County Council and brought them to Ireland - On 15/4/87 an information was sworn on behalf of the Mid-Western Health Board and a District Justice issued a warrant which was addressed to a garda and which authorised him to search for the children - The warrant directed that, if it were found that the children were being or had been assaulted, ill-treated or neglected in the said manner or that "any offence has been or is being committed" in respect of the children, the garda should take the children and bring them to a place of safety - Acting under the authority of the warrant a garda found the children in Ireland, removed them from the care of their parents and delivered the children into the custody of the Mid-Western Health Board; the garda did so without having enquired whether the children had been (or were being) assaulted, ill-treated or neglected - On 22/4/87 the parents complained to the High Court, pursuant to Article 40.4.2 of the Constitution, that their children were being detained unlawfully by the Mid-Western Health Board, and the parents applied for the release of their children - The High Court directed the Board to certify the grounds of the children's detention - The High Court of Justice in England ordered the parents to return the children to the care of the Hampshire County Council and issued warrants for the arrest of the parents; the court also directed the Hampshire County Council to inform the proper authorities in Ireland of the circumstances of the children and to co-operate with those authorities - The Hampshire County Council applied to the High Court for orders declaring that the Official Solicitor to the Supreme Court in England was the legal guardian of the children, directing the Mid-Western Health Board to produce the children in court, and directing the return of the children to their foster home in England - The Mid- Western Health Board certified the grounds of their detention of the children and the applications of the parents and of the Hampshire County Council were determined in the judgment of the court - Held that the statutory conditions for the issue and execution of a warrant of removal pursuant to s. 24, sub-s. 1, of the Act of 1908 had not been satisfied and that, accordingly, the removal of the children from their parents in Ireland and the delivery of the children into the custody of the Mid-Western Health Board was unauthorised - Held that the order of the High Court of Justice (Family Division) dated 15/12/86 was a final order despite the fact that it could be varied - Held that the court would dismiss the application of the parents and, in accordance with the comity of courts, would direct the Mid- Western Health Board to make the necessary arrangements to return the children to the care of the Hampshire County Council - Children Act, 1908, s. 24 - Constitution of Ireland, 1937, Article 40 - (1987/205 SS - Hamilton P. - 11/5/88)

|Saunders v. Mid-Western Health Board|

CONSTITUTION

Personal rights

Liberty - Children - Detention - Foreign domicil - Foreign wardship - Abduction - Removal to Ireland - Return of children from parents in Ireland - Removal unauthorised - Children in care of health board - Release of children sought by parents - Return of children sought by foreign local authority with approval of foreign court - Comity of courts - ~See~ Infants, custody - (1987/205 SS - Hamilton P. - 11/5/88)

|Saunders v. Mid-Western Health Board|

Citations:

FAMILY LAW REFORM ACT 1969 S7(2)

CONSTITUTION ART 40.4.2

CHILDRENS ACT 1908 S24

1 Judgment of the President of the High Court delivered the 11th day of May, 1987.

2 The three children named in the title hereof, namely, Stephen Alan Saunders, Sally Myree Alison and Sarah Margaret Angela Saunders were born respectively on the 30th day of January 1973, the 2nd day of March 1974 and the 3rd day of June 1976, and are presently under the care and control of the Respondents herein, the Mid-Western Health Board.

3 The Applicants, Alan Saunders and Margaret Saunders, are the parents of the said children, are English citizens and prior to the matters complained of resided at 8 Dukes road Gosport.

4 The Applicant, Anthony Greene, is a Higher Executive Officer attached to the office of the Official Solicitor to the High Court in England and brings his application with the authority and on behalf of the said Official Solicitor and on behalf of the Hampshire County Council.

5 The matters relevant tot he applications are as follows:-

6 1. Upon the application of the Social Services Department of Hampshire County Council, Orders were made on the 17th day of May 1985 by the Juvenile Court sitting at gosport committing each of the said children to the care of Hampshire County Council, in whose area theyresided.

7 2. This Order was made following a hearing on the merits of the family circumstances of the said children.

8 3. By Order made on the 19th day of August 1986 by Mr. Distric Registrar Chalkley sitting at Winchester it was ordered asfollows:-

9 (a) The minors Stephen Alan Saunders, Sally Myree Alison Saunders and Sarah Margaret Angela Saunders shall remain Wards of Court until further Order.

10 (b) Interim care and control of the said Wards shall be granted to the Plaintiff, namely, Hampshire...