Statement by Dermot Ahern TD Minister for Foreign Affairs on the Decision in the Case of Tristan Dowse
Dermot Ahern TD, Minister for Foreign Affairs has welcomed the decision of Mr Justice MacMenamin, in the above case, which was published today.“It will ensure that Tristan's future is protected, that he will continue to live with his natural mother and that Joseph and Lala Dowse will be obliged to provide for Tristan throughout his childhood.”
“We set out to do everything possible to secure the protection and welfare of Tristan, an Irish Citizen. We are confident that today's judgement will, and that it underlines the commitment of the Government and the Irish State to securing the constitutional rights of children.
Note to Editor:
What the Judge has ordered.
1 Joseph and Lala Dowse are to pay maintenance in respect of Tristan, in the form of:
(a) a lump sum of €20,000 payable within one month;
(b) a monthly payment of €350; and
(c) an additional lump sum of €25,000 on Tristan reaching the age of 18.
2 Tristan's succession (inheritance) rights are preserved; his rights therefore continue as if he were still a child of Joseph and Lala Dowse.
3 Tristan's Irish citizenship is to be maintained.
4 Tristan is to be made a ward of court so that the Irish courts will continue to have a role in safeguarding his interests.
5 Tristan's natural mother is to be Tristan's sole guardian and she is to have sole custody of him. This is in light of the fact that Tristan has been living with his mother for some months now, and that she is providing a loving environment for him.
6 The Irish registration of the Indonesian adoption of Tristan by Joseph and Lala Dowse is to be set aside.
The Judge's observations about the efforts of State officials.
“In this case remarkable and effective steps were taken at the highest level in the office of the Attorney General, by his officials, the Department of Foreign Affairs, and Bord Uchtála and the Indonesian officials, named earlier, in the interests of Tristan.”
The Judge singled out certain officials for particular praise “Suffice it to say that they and other officials who involved themselves in this case have shown great dedication and have at all stages acted in Tristan's best interest with speed and efficacy.”
23rd February 2006