A High Court judge has ruled that the names and images of three children who were the subject of child abduction proceedings can be published following their father's refusal to hand them over to the authorities.
In an extremely rare move, Mr Justice Garrett Simons opted to lift reporting restrictions in the case in order to allow the public to assist gardaí in locating the three siblings, Godjpy Da Silva (10), Jeafide Da Silva (13) and Jenovie Da Silva (16), who are believed to be with their father, Pedro Da Silva.
Arising out of the court's decision, gardaí will issue what is known as a Child Rescue Ireland, or CRI Alert, in respect of the siblings due to concerns about their safety and welfare.
Last Christmas, the children were taken to Ireland from England, where they normally reside, by their father for a purported holiday.
After they failed to return to England last January, the children's mother, Alice Da Silva, who is separated from Mr Da Silva, brought proceedings seeking their return under the Hague Convention, the international agreement which governs alleged 'child abduction'.
Mr Da Silva opposed that application and argued the children should be allowed reside with him in Ireland, and they had resided at Slieve Foye Lodge, Dundalk, Co Louth.
Both the High Court and the Court of Appeal directed that the children be returned to England. However, the children have not been returned nor handed over to the relevant authorities by a designated deadline which expired earlier this week.
This failure has resulted in further proceedings being brought against Mr Da Silva over his refusal to comply with the courts orders, including orders seeking his attachment and possible committal to prison for contempt.
Court order
On Wednesday, Mr Justice Simons made several orders against Mr Da Silva, including that he is arrested by gardaí and brought before the court over his alleged contempt.
The judge also made orders allowing gardaí and the Child and Family Agency, Tusla, to enter the property in Ireland where the father and the three children have been residing, for the purposes of securing the children and bringing them before the courts.
Mr Da Silva was further ordered to deliver the children's passports to gardaí and not to leave the jurisdiction.
When the matter returned before the High Court on Thursday, the judge was told that gardaí had not been able to locate Mr Da Silva nor the children.
They were not at their address in Dundalk, and inquiries were also made to see if the family were at an address in west Dublin, the court heard.
The court also heard that Mr Da Silva had sent two emails to lawyers acting for the children's mother, which further displayed that he would not be complying with the court's orders regarding the three children.
Mr Da Silva had said in those communications that he would return the children to the UK, however that promise could not be taken seriously given his recent actions, the mother's lawyers said.
CRI Alert
In light of the ongoing refusal to comply, the court was asked to make orders directing gardaí to issue a CRI Alert. The criteria for issuing such an alert have been more than met in this case, it was argued.
The effect of this would mean the children's pictures and names would be published in the media and on social media.
The judge said he accepted that Mr Da Silva would reject any contention that the three children's safety and well-being was at risk. However, the judge said he had no option other than to direct gardaí to issue the public alert in respect of the three minors, given the "flagrant breach" of the court's orders regarding the children.
In order to do this the judge said he was lifting orders previously granted by the courts preventing the media from identifying any of the parties involved.
Parties involved in child abduction proceedings are normally anonymised due to the ages of the children involved.
The judge also directed gardaí to bring Mr Da Silva before the High Court as soon as he has been detained.
Last month, the High Court made orders directing that the children be returned to England. That order was upheld following an appeal to the Court of Appeal.
The children's parents had split up some time ago, and the siblings have been the subject of joint custody and access orders issued by the Courts of England and Wales.
Ms Da Silva's lawyers successfully argued before the Irish Courts that the children were brought to Ireland and wrongfully retained here by their father, without their mother's consent. Mr Da Silva had opposed the application.
The courts found there was no grave risk to the children in the event of their return to England.
The courts noted that the children had expressed objections to returning to their country of habitual residence. However, the Irish courts ruled that they should be returned to England where their interests may be more carefully examined and accommodated by the authorities in that jurisdiction.
