Two years ago we reported on Dermot Henry's access
battle with his estranged wife who had taken his two children
to Georgia. He eventually won his case - but at a cost. Anne
Dempsey reports
When Dermot Henry's daughters, Marianne and Nicole, came to
visit him in Ireland, it was the end of an emotionally
draining legal battle, one which cost him €70,000. But as he
prepares to see them again this summer, he feels it was worth
every penny.
Two years ago we reported on how the hotelier's estranged
wife, Manana, had taken the two girls to her native Georgia
two years earlier and never returned. He feared he would never
see them in Ireland again. Dermot says: "I was not looking for
the children back as long as they were with their mother but I
wanted access, allowing them to visit me twice a year.
"Manana refused and was trying to prevent them coming to
Ireland until Nicole was eight, which was four years away
then. While Georgia had ratified the Hague Convention on child
abduction, which offers a legal framework regarding abducted
children, it had never been invoked there."
In March, 2003, the Georgian Supreme Court finally agreed
that Dermot's children could visit him each summer and winter
in Ireland, providing he pay for his ex-wife's travel and
accommodation expenses so that she could accompany them.
Marianne, then nine, and Nicole, six, spent a week with him
last July on a memorable holiday.
"It was amazing. The girls came in and went straight to
their rooms where all their toys still were, as if they had
never been away. They were very open with me, very chatty and
bubbly, though they wanted to go back to their mother each
evening, which was hard, but I think it will sort itself out
in time as they grow older.
"I feel I won because I persevered, informed myself of the
legal situation in Georgia and worked within the law there in
spite of innumerable delays and difficulties. The cost was
high in financial and emotional terms. I applied here for
legal aid but, because the abduction was to a country without
a proper legal apparatus, I was denied it.
"Fighting the case has cost me about €70,000 in legal fees,
time and loss of earnings. I still speak to the children every
Sunday and already I'm looking forward to seeing them this
summer."
Manana had walked out on Dermot in July, 2001, and brought
their two daughters to the former Soviet republic without his
knowledge or consent. Dermot accepted his marriage was over
but wanted visiting rights in Ireland with his much-loved
daughters.
The couple met in Tbilisi in 1991 and married seven months
later. "She was very beautiful. I was 35 years old,
well-travelled, ready to settle down. But I still went into it
with my eyes wide open. I had seen multicultural marriages
going wrong but never anticipated what would happen to us," he
says.
At the time both worked for Sheraton Hotels, he as
financial controller, she as a housekeeping supervisor. For
the first few years all went well - their daughters were born
and, apart from "ordinary rows", Dermot remembers no major
problems.
Around 1998 he was offered a job in Galway, where he
already had a home. But Manana wished to stay in Georgia so he
left with the proviso that she would follow and, after an
eight-month separation, she finally did, arriving with the
children at Knock Airport in December 1999.
"I knew from the word go we were in trouble. She came out
of arrivals with Nicole in her arms, dumped her on to me
without a word and walked away to get Marianne and the
luggage." That moment set the tone for their life together and
the couple entered an uneasy truce. The relationship could not
sustain Manana's resentment at what she felt was an enforced
migration to a strange country and by the end of 2000, when
stony silences had replaced the rows, Manana asked for a
divorce. He agreed and settlement proceedings began.
On July 2, 2001, Dermot left for work, leaving what he
thought was a sleeping household. But at five o'clock that
afternoon he had a call from Manana in Amsterdam, en route to
Georgia. "She said she had taken the children, wasn't coming
back and put the phone down. We were in the midst of
negotiations. It was a complete shock."
In the intervening months Dermot pulled out all possible
legal and diplomatic stops to gain access to his children in
Ireland while staying in touch with them through weekly phone
calls. "I got great help from Mary Banotti, the European
Mediator for Transnationally Abducted Children, from charity
Reunite, from Dana. But there were numerous legal delays and
disappointments about hearing dates, which were
heartbreaking."
Although the story has a happy ending of sorts, the
problems faced by Dermot are becoming ever more common as
increasing numbers marry across a cultural divide.
Denise Carter, director of UK charity Reunite, says: "When
I first started, the typical situation was the girl who met a
Greek on the beach on holiday and married him. Now the
clientele has changed a lot; there are many cross-cultural
relationships."
The most difficult thing should things go wrong, she says,
is a Christian/Islam union or marriage between an Irishwoman
and a citizen of countries which have not signed the Hague
Convention regarding the legal handling of parentally abducted
children.
Relate works with sister organisations, including ICPAC
(the Irish Centre for Parentally Abducted Children), founded
by MEP Mary Banotti. Denise became close to Cork mother Chris
O'Sullivan whose four-year-old daughter, Deirdre, was abducted
and killed by her partner and Deirdre's father, Christopher
Crowley. "I hold Chris in very high esteem. Given what she has
been through, to be able to walk around and function at all is
a tribute to her.
"Such situations show the need to question the public
perception that when a child is with her Mum or Dad they are
safe. In 99% of cases they are but sadly one to two percent
end tragically as Deirdre's did."
Denise's empathy with her clients arises in part from her
own experience. A divorcee with two children, she met the
father of her third child, Abigail, in 1985.
"He insisted on living in the US so we sold up and moved to
Florida, marrying in 1989. But he was violent, aggressive and
very controlling. I told him I wanted to leave and he said I
could go but Abigail, aged three, had to stay."
Denise's attempt to leave with her three children was
thwarted by a last-minute snatch by her husband so back in the
UK she began to fight for her daughter's return. "I went
cleaning to pay the bills, applied to a housing association
for shelter. I rang Abigail in the US each Sunday and, while
conversations were difficult with an aggressive adult
hovering, I devised a way to make sure she knew I cared. I
wrote each week, registering every letter, enclosing little
gifts so when we spoke I could ask her what she'd got,
ensuring she knew I hadn't forgotten her."
It took eight months to win her case but finally the court
ruled that Abigail should return to Denise, with telephone
contact and access granted to the father.
In seeking to return parentally abducted children, Reunite
offers advice and information on how to go about the process.
"We have an international support network for parents and
grandparents by mail, email, phone or letter.
"For example, a mother who has just come home from winning
a successful case in Athens, say, has much to offer another
mother about to face the same experience."
If one parent suspects their child may be snatched by the
other, what preventive steps can they take? "Familiarise
yourself with the law and know your rights. Go and talk to
your child's school or créche. There have been cases where the
other parent has turned up at the school and taken the child
away. Make sure they understand they must not give the child
to anyone other than you or whoever you designate, including
the other parent," says Denise.
"Keep passports in a safe place, needing both signatures to
release them. You may also need to inform foreign embassies
who will issue a passport to a parental applicant but you can
only request them not to issue, not insist.
"For many parents whose child has been abducted, the
isolation, the loneliness is the worse part. It's the not
knowing what to do, it's the anguish of not knowing how their
child is.
"Some know that the child has been told that their mother
is dead or she didn't want you - it's like a dagger in the
heart.
"It's a state of bereavement and has to be acknowledged.
I'm thinking of one mother, aged 27, whose two children, aged
two and four, were recently returned to her. In the process,
the mother had aged 10 years but the last time I saw her she
was three inches taller and that haunted look has gone from
her eyes."
Reunite, PO Box 7124, Leicester LEI 7XX; phone 00 44 116
2556234; email reunite@dircon.co.uk; website: www.reunite.org
ICPAC (the Irish Centre for Parentally Abducted Children) -
43 Molesworth Street, Dublin 2; phone 01 6620667 - works with
individual parents and publishes a comprehensive information
pack on the prevention of/response to child abduction