Our Services
How can we help?
Family Law
Guardianship Solicitor Ireland
LocalSolicitor.ie are a Guardianship Solicitor in Ireland. Guardianship describes the legal responsibility of parents to make decisions and perform duties in relation to their child's upbringing. Married parents are automatically joint guardians of their children. Neither separation nor divorce changes this. A guardian of a child has a duty to maintain and properly care for the child and has rights to make decisions about the child’s religious and secular education, health requirements and general welfare.
Married parents of a child are joint guardians and have equal rights in relation to the child. Where the parents are unmarried only the mother has automatic rights to guardianship that said unmarried fathers are entitled to automatic guardianship where he has lived with the child’s mother for 12 consecutive months after the 18th January 2016, including at least 3 months with the mother and child following the child’s birth.
The father must apply to the court to be appointed as a joint guardian. The Court will consider the following:
- The benefit to the child of having a meaningful relationship with his/her parents/relatives/other persons.
- The views of the child (where possible)
- The physical, psychological, and emotional needs of the child and the effect a change in circumstances will have on that child.
- The child’s social needs.
- The child’s age and special circumstances.
- Any harm which the child has suffered or at risk of suffering.
- The willingness and ability of each child’s parents to facilitate a relationship with others.
- The capacity of each person to care for the child.
- If there is domestic violence within the home, the court must give special consideration to same.
- The conduct of the parents may be considered in a limited context where it is relevant to the child’s welfare and best interests.
The fact that the mother does not consent does not mean an application for guardianship will be refused. The overriding principle is the best interests of the child.
The information contained in this website is an overview and explanation of the general process. It is not to be taken as legal advice. Please consult Local Solicitor for legal advice. If you need to get involved in a process Local Solicitor is in your corner to help you through the process. You can contact our Guardianship Solicitor in Ireland by telephoning 01 8438138.
What else can our Guardianship Solicitor Ireland help you with
Divorce means that the marriage is dissolved. Once divorced you can remarry or enter a civil partnership. To obtain a divorce, you must have lived apart from your spouse for a period of at least 2 years during the preceding 3 years. Living apart usually means living in separate homes however, it is possible to live apart while sharing the same home. The court must be satisfied that there is no reasonable chance of reconciliation between the spouses.
When a couple cannot agree the terms by which they will live separately, an application to the courts for a decree of judicial separation can be made by either party.
A separation agreement is a binding contract between spouses and usually contains the following terms:
Civil partnerships are partnerships which can be registered by two persons of the same sex. A court can grant a decree dissolving a civil partnership where:
Once a Civil Partnership has been registered each of the partners acquires rights, including:
A parent or legal guardian, whether married or not, can apply for maintenance from the other parent for their children. A summons is issued in the District Court by a parent seeking maintenance from the other parent.
Guardianship describes the legal responsibility of parents to make decisions and perform duties in relation to their child's upbringing. Married parents are automatically joint guardians of their children. Neither separation nor divorce changes this.
Fathers and others who have been appointed joint guardians by a court or by statutory declaration can be removed from their position if the court is satisfied it is in the child’s best interest.
Custody refers to the day-to-day care, residency and upbringing of children who are regarded as dependent children. Dependent children in custody matters are children who are under the age of 18. In cases of judicial separation or divorce, one parent is usually granted custody.
Access refers to the right of a child to maintain direct contact with the parent with whom the child does not reside. It can include the child staying overnight either occasionally, on alternate weekends or during school holidays and for the parent and child going on holidays together.
A Protection Order can be made by the court where it considers that there are reasonable grounds for believing that it is required for the applicant’s safety or welfare or that of a dependent child. The order can be applied for when applying for a safety order.
