Table of Contents
What rights does a father have in Ireland?
In Ireland, unless a couple is married, the father has no automatic legal rights in regards to his child. He is legally obliged to financially maintain his child, but not necessarily entitled to care for his child.
What are your legal rights when separating?
The right to stay in your home unless a court order excludes it. The right to ask the court to enable you to return to your home (if you have moved out) The right to know of any repossession action taken out by your mortgage lender. The right to join any mortgage possession proceedings taken out by your lender.
Who has parental responsibility when parents split?
mothers
Who has parental responsibility? A married couple who have children together both automatically have parental responsibility. After a divorce, parental responsibility continues. From a legal standpoint, mothers automatically have parental responsibility.
Can mother stop father from seeing child?
A mother cannot stop a father seeing his child unless the court orders to do so. If the child is scared of the father due to some kind of abuse or harm, then the mother would need to speak to the child and gather evidence which may prove the child being at risk.
At what age can a child decide which parent to live with in Ireland?
Children aged between 14 and 17 years can execute the Deed Poll themselves but need the consent of both parents.
What access do fathers usually get?
It is usually in the best interests of the child to have contact with both parents. The law provides that father’s should have “reasonable access” to their children. However, there is no set guidelines for reasonable access for father.
Who is the legal guardian of my child in Ireland?
In Ireland, all married parents are automatically guardians of their children which means that whether living together, separated or divorced, each parent has decision making capacity where their children are concerned in the larger areas of the children’s upbringing.
How is child custody determined in a judicial separation?
In cases of judicial separation or divorce, one parent is usually granted custody. The children live permanently with the parent who has custody and the other parent is granted access to the children at agreed times (which can include overnight access). Read more about access below.
How do I get a judicial separation in Ireland?
Applications for a judicial separation in Ireland are made to the court. Find out what a judicial separation means, how to apply for it and how it works. A divorce decree allows both parties to a marriage to remarry.
Can a child have access to a parent after a divorce?
It is possible for parents to continue having joint custody of their children after separation or divorce and for the children to spend an equal amount of time with each parent, if the parents can agree and arrange this. Access refers to your child’s right to have direct contact with the parent they do not live with.