Can I run away with my 7 yr old child to another Country. from Ireland - UK?

Question

Husband driving me metal, literally, and need to make a quick escape, cannot leave child behind, dont want to be found again. Where do I start ?

Mental cruelty: I have Bipolar Depression, early Menopause, and get tired and weary, Husband gets moody, stroppy, uncooperative, relishes any opportunity to pick fault with me, my housework, I refuse to have sex with him, so that is probably making him angry, but do I care?

Answer 1

If you are the mother of the child and your husband is an irresponsible father you will easily get the custody of the child. You may run away for the time being and leave no trace until you are ready to take legal action against your husband

Answer 2

DO NOT DO THIS
You're thinking of yourself and not your child. Go to the doctors and get some proper help

Answer 3

***HAVE A TAPERECORDER ON YOU AT ALL TIMES!!!!***

OMG lets look at this from a legal standpoint, does your husband have partial or full custody. If he has any custody at all you can't go without letting him or a court know. If he was abusive or was abusive to your child, then you have something going for you. When you say "mental", was he verbally abusive? You must specify about your situation. Especially over custody and abuse! I will come back soon and check if you have added any details.




Your first step legally would get a divorce and fight for full custody! Try to get some audio of your husband verbally abusing you. Get a recorder and wait for him to start yelling. You can win this


The Options (divorce in ireland):

Following the breakdown of a marriage, spouses are often left bewildered as to their options and rights. Recent legislative changes however, have greatly increased the number of options open to spouses following marital breakdown. A family law solicitor will go through each option in detail to ascertain which route is most appropriate for them. The options include:


Separation by Fact

This is simply where the spouses no longer cohabit with one another and no legal action is taken in order to take account of their changed circumstances.



Deed of Separation

A Deed of Separation is a document that may be drawn up and executed by the parties to a marriage, where that marriage has broken down and where the parties do not wish to have recourse to the Courts for the purpose of agreeing the terms of the breakdown. A fundamental provision of every separation agreement is an agreement that the parties will live apart. Usually a Deed of Separation will make provision for custody, access to children, maintenance, division of matrimonial property and Succession Act rights. The terms will be committed to writing and signed by both parties.

It is possible to have a Deed of Separation made a rule of court, if it contains a provision relating to the payment of maintenance. If the Deed is made a rule of court the spouse who is receiving the maintenance can have the maintenance paid through the District Court Office and can then avail of the District Court enforcement mechanism for the recovery of maintenance arrears. If the Deed of Separation is made a rule of court the spouses are also afforded the remedy of contempt of Court where a breach of the agreement occurs.

A Deed of Separation is a bar to proceedings for Judicial Separation however it does not act as a bar to Divorce proceedings but the Court is required in determining an application for a Divorce to have regard to the terms of a Deed of Seperation entered into between the parties and which is still in force.



Judicial Separation

Spouses may seek a Judicial Separation through the Courts. There are six grounds upon which the Court may grant a Decree of Judicial Separation:
1. The spouse has committed adultery.
2. The spouse has behaved in such a way that the Applicant cannot reasonably be expected to live with the Respondent.
3. There has been desertion by one spouse of the other spouse for a continuous period of at least one year immediately preceding the date of the application.
4. The spouses have lived apart from each other for a continuous period of at least one year immediately preceding the date of the application and the Respondent consents to a decree being granted.
5. The spouses have lived apart from one another for a continuous period of at least three years immediately preceding the date of the application.
6. The marriage has broken down to the extent that the court is satisfied in all the circumstances that a normal marital relationship has not existed between the spouses for a period of at least one year immediately preceding the date of the application.

In granting a Decree of Judicial Separation the Court can make various ancillary relief orders. On obtaining a Decree of Judicial Separation the parties are no longer required to cohabit but however they are not entitled to re-marry.


Divorce

The granting of a Decree of Divorce in a Court effectively relieves spouses from the obligation to cohabit with one another and allows them to remarry. An Irish divorce may be obtained in either the High Court or the Circuit Court depending on the extent of the family property. There is no obligation on spouses to have either sought a Judicial Separation or effected a Deed of Separation before seeking a Decree of Divorce.
In order to successfully obtain a Decree of Divorce from an Irish Court, it is necessary to satisfy the Court that:-

1. At the date of the commencement of the proceedings, the spouses have lived apart for four out of the five previous years.

2. There is no reasonable prospect of a reconciliation between the spouses.

3. Proper provision is or will be made for the spouse and dependent members of the family.

In addition, before an Applicant spouse will be granted the Decree of Divorce sought, the Court must be satisfied that either spouse is domiciled in the State at the date of issue of the proceedings or that either spouse was ordinarily resident in the State for one year before the date of issue of the proceedings.

The relevant period of four out of five years must have expired before the issuing of the Application for the Decree of Divorce.

As a matter of case law, it is possible to be granted a Divorce if the parties have lived separate and apart, even under the same roof.



Decree Of Nullity

The law of Nullity is concerned with the legal validity of a marriage at its inception. A marriage can be declared a nullity where some vital component, for example, the consent to marry, is missing. When a marraige is declared null and void a court is declaring that the couple were never legally married to one another and they are then legally free to remarry. The main distinction between a Decree of Nullity and that of Divorce, is that in a Divorce situation, a valid marriage is dissolved, whereas, in a Nullity situation, there never was a valid marriage in the first place. It is important also to note that there is a difference between a Nullity granted by the Church and that granted by the Courts. They are two different remedies and the granting of one, does not automatically entitle a spouse to the granting of the other.

The effect of a Decree of Nullity is that spouses cease to be legally married to one another and so loose their rights as spouses under various associated legislation. For instance, a person who has successfully sought a Decree of Nullity through the Courts will not be entitled to receive any maintenance in respect of him/herself, as he/she was not a spouse at any time of the other. Also, the various succession rights of spouses will be affected by the Decree, as the parties are no longer considered spouses of each other.



The Process



Once the decision has been made to apply for a divorce most people consult a solicitor whilst others opt for a DIY approach. Regardless of which approach is taken spouses seeking a divorce must do so through the Court System.

Given the gravity of the matter at stake and often the fact that there is the welfare of children involved and family assets to be divided the vast majority of people elect to engage the services of an experienced family law solicitor either privately or through the state funded legal aid board.

Overview

either spouse can apply for a Decree of Divorce - the person applying is the Applicant
the other spouse is the Respondent
Ireland has adopted a “no fault” system in applying for divorce
the venue can be in any county where any party ordinarily resides or carries on any profession, business or occupation
either spouse must be resident in the State for one year prior to the application
the Court shall be the Circuit Court unless, the market value of any land in which proceedings relate exceed €3m and either party or any person having an interest applies to transfer it to the High Court.

Pre-requisites
In order to successfully obtain a Decree of Divorce from an Irish Court, it is necessary to satisfy the Court that:-

At the date of the commencement of the proceedings, the spouses have lived apart for four out of the five previous years.
There is no reasonable prospect of a reconciliation between the spouses.
Proper provision is or will be made for the spouse and dependent members of the family.
In addition, before an Applicant spouse will be granted the Decree of Divorce sought, the Court must be satisfied that either spouse is domiciled in the State at the date of issue of the proceedings or that either spouse was ordinarily resident in the State for one year before the date of issue of the proceedings.

The relevant period of four out of five years must have expired before the issuing of the Application for the Decree of Divorce.



Which Court?

Both the Circuit Court and the High Court have jurisdiction concurrently with each other to hear and determine applications for divorce. At present the majority of applications are made in the Circuit Court as opposed to the High Court. If the assets of the couple are substantial or if there are complicated issues of law or facts involved then it is more likely that proceedings will be issued in the High Court.

A Circuit Court Divorce application can be brought in the County where either party to the proceedings ordinarily resides or carries on any profession, business or occupation.



Steps in applying for an UNCONTESTED/ CONSENT DIVORCE

STEP 1 DRAFT PROCEEDINGS
In order to apply for a divorce in Ireland the applying party is required to file a number of papers in the Circuit Court Office.

i) The Civil Bill (sample)
The Civil Bill sets out the facts of the case and also lists the various reliefs that are sought from the Court and the grounds for seeking these reliefs.

ii) Affidavit of Means (sample)
In each case where financial relief is sought an Affidavit of Means must be filed. This details all the assets, liabilities, income and expenditure of the applying party and allows the Court to determine whether proper provision is being provided.

iii) Affidavit of Welfare (sample)
The Court has an obligation to ensure that the welfare of dependent children is properly provided for and in any case where there are dependant children involved an Affidavit of Welfare must be filed with the Court. This document contains a series of questions which relate specifically to the personal care of the children. It describes where they live and with whom. It also describes their education and training, their health, childcare arrangements and maintenance and access arrangements.

iv) Solicitors Certificate (sample)
Solicitors are obliged to file with the Court a sworn document certifying that they have discussed with their Client the options of reconcilation, mediation and separation.

STEP 2 ISSUE PROCEEDINGS
When all the Documents are filed with the Court they will be issued and stamped by the County Registrar and allocated a specific case number which is called a record number. They will then be returned to the applying party.

STEP 3 SERVE PROCEEDINGS
The documents must then be served on the other party (known as the Respondent) by Registered Post.

STEP 4 CONSENT DIVORCE
The respondent can file a form of “consent defence” with the Circuit Court office and a Notice of Motion can be served and the parties can apply to transfer the case into the next available consent Judges list for hearing. This method is used to obtain speedy divorce decrees. It also lessens the stress on the parties concerned and minimises legal costs.

The Children


One of the major concerns of parents who have decided to separate or divorce is the impact that that decision will have on their children. Research abounds which shows that children can suffer when their parents decide to live apart. It is also widely accepted that the adverse impact on children can be greatly lessened if parents adopt a positive, co-operative and constructive approach to addressing their childrens' concerns.Parents who separate or divorce are usually confronted with considerable emotional, financial and other worries themselves but many parents recognise the need to place their children at the centre of all their decisions and responses, despite how difficult that can be at various stages along the separation and divorce process. There is a wide range of agencies and support services to help parents guide their children through what is a time of immense change and confusion, in their lives.

One of the primary tasks of any family law solicitor is to try and ensure that whatever difficulties exist between spouses that the impact on children is managed constructively. At Lynch and Partners we take that role extremely seriously and do everything in our power to help parents to help their children.

Before granting any Judicial Separation, Divorce Decree, Preliminary Order or Ancillary Order, the Courts main priority will be to ensure that permanent provision is made for the welfare of the children. Welfare in this case is taken to include religious, intellectual and moral welfare.

Guardianship
Guardianship means the rights and duties of parents in respect of the upbringing of their children. Guardianship rights entitle a parent to make important decisions regarding that child's upbringing, for example, deciding on the child's religion, education, medical treatment and general rearing.

The natural mother of a child is automatically a guardian of the child. A father who is married to the mother of his child also has automatic guardianship rights in relation to that child. This applies even if the couple married after the birth of the child.

However, a father who is not married to the mother of his child does not have automatic guardianship rights in relation to that child. If the mother agrees for him to be legally appointed guardian, they must sign a joint statutory declaration. If the mother does not agree for him to have guardianship, he may apply for this status to the District Court.



Custody
Custody means the right to the physical care and control in respect of the upbringing of a child on a day to day basis. Married parents residing together are the joint guardians and custodians of their children. After separation they continue to be joint custodians. However, one parent may take the role of primary carer which involves the child/children living with them and staying with the other parent less frequently.


Access
The parent who does not have the day to day care of the child is entitled to access to the child / children.
Access is defined as the right of the parent, with whom the child does not live, to spend time with the child. It can include the right to have the child stay overnight either occasionally, on alternate weekends or during school holidays and the right for parent and child to go on holidays together. In many cases, custody and access arrangements for a child / children are agreed informally between parents. Where agreement cannot be reached in this regard either parent can make an application to the court to decide the terms and conditions which will govern custody and access of a child / children. The application can be made to the District Court or can be made in an application for Judicial Separation or Divorce in the Circuit Court.

The Children


One of the major concerns of parents who have decided to separate or divorce is the impact that that decision will have on their children. Research abounds which shows that children can suffer when their parents decide to live apart. It is also widely accepted that the adverse impact on children can be greatly lessened if parents adopt a positive, co-operative and constructive approach to addressing their childrens' concerns.Parents who separate or divorce are usually confronted with considerable emotional, financial and other worries themselves but many parents recognise the need to place their children at the centre of all their decisions and responses, despite how difficult that can be at various stages along the separation and divorce process. There is a wide range of agencies and support services to help parents guide their children through what is a time of immense change and confusion, in their lives.

One of the primary tasks of any family law solicitor is to try and ensure that whatever difficulties exist between spouses that the impact on children is managed constructively. At Lynch and Partners we take that role extremely seriously and do everything in our power to help parents to help their children.

Before granting any Judicial Separation, Divorce Decree, Preliminary Order or Ancillary Order, the Courts main priority will be to ensure that permanent provision is made for the welfare of the children. Welfare in this case is taken to include religious, intellectual and moral welfare.

Guardianship
Guardianship means the rights and duties of parents in respect of the upbringing of their children. Guardianship rights entitle a parent to make important decisions regarding that child's upbringing, for example, deciding on the child's religion, education, medical treatment and general rearing.

The natural mother of a child is automatically a guardian of the child. A father who is married to the mother of his child also has automatic guardianship rights in relation to that child. This applies even if the couple married after the birth of the child.

However, a father who is not married to the mother of his child does not have automatic guardianship rights in relation to that child. If the mother agrees for him to be legally appointed guardian, they must sign a joint statutory declaration. If the mother does not agree for him to have guardianship, he may apply for this status to the District Court.


Custody
Custody means the right to the physical care and control in respect of the upbringing of a child on a day to day basis. Married parents residing together are the joint guardians and custodians of their children. After separation they continue to be joint custodians. However, one parent may take the role of primary carer which involves the child/children living with them and staying with the other parent less frequently.



Access
The parent who does not have the day to day care of the child is entitled to access to the child / children.
Access is defined as the right of the parent, with whom the child does not live, to spend time with the child. It can include the right to have the child stay overnight either occasionally, on alternate weekends or during school holidays and the right for parent and child to go on holidays together. In many cases, custody and access arrangements for a child / children are agreed informally between parents. Where agreement cannot be reached in this regard either parent can make an application to the court to decide the terms and conditions which will govern custody and access of a child / children. The application can be made to the District Court or can be made in an application for Judicial Separation or Divorce in the Circuit Court.

The Children


One of the major concerns of parents who have decided to separate or divorce is the impact that that decision will have on their children. Research abounds which shows that children can suffer when their parents decide to live apart. It is also widely accepted that the adverse impact on children can be greatly lessened if parents adopt a positive, co-operative and constructive approach to addressing their childrens' concerns.Parents who separate or divorce are usually confronted with considerable emotional, financial and other worries themselves but many parents recognise the need to place their children at the centre of all their decisions and responses, despite how difficult that can be at various stages along the separation and divorce process. There is a wide range of agencies and support services to help parents guide their children through what is a time of immense change and confusion, in their lives.

One of the primary tasks of any family law solicitor is to try and ensure that whatever difficulties exist between spouses that the impact on children is managed constructively. At Lynch and Partners we take that role extremely seriously and do everything in our power to help parents to help their children.

Before granting any Judicial Separation, Divorce Decree, Preliminary Order or Ancillary Order, the Courts main priority will be to ensure that permanent provision is made for the welfare of the children. Welfare in this case is taken to include religious, intellectual and moral welfare.

Guardianship
Guardianship means the rights and duties of parents in respect of the upbringing of their children. Guardianship rights entitle a parent to make important decisions regarding that child's upbringing, for example, deciding on the child's religion, education, medical treatment and general rearing.

The natural mother of a child is automatically a guardian of the child. A father who is married to the mother of his child also has automatic guardianship rights in relation to that child. This applies even if the couple married after the birth of the child.

However, a father who is not married to the mother of his child does not have automatic guardianship rights in relation to that child. If the mother agrees for him to be legally appointed guardian, they must sign a joint statutory declaration. If the mother does not agree for him to have guardianship, he may apply for this status to the District Court.



Custody
Custody means the right to the physical care and control in respect of the upbringing of a child on a day to day basis. Married parents residing together are the joint guardians and custodians of their children. After separation they continue to be joint custodians. However, one parent may take the role of primary carer which involves the child/children living with them and staying with the other parent less frequently.


Access
The parent who does not have the day to day care of the child is entitled to access to the child / children.
Access is defined as the right of the parent, with whom the child does not live, to spend time with the child. It can include the right to have the child stay overnight either occasionally, on alternate weekends or during school holidays and the right for parent and child to go on holidays together. In many cases, custody and access arrangements for a child / children are agreed informally between parents. Where agreement cannot be reached in this regard either parent can make an application to the court to decide the terms and conditions which will govern custody and access of a child / children. The application can be made to the District Court or can be made in an application for Judicial Separation or Divorce in the Circuit Court.

The Children


One of the major concerns of parents who have decided to separate or divorce is the impact that that decision will have on their children. Research abounds which shows that children can suffer when their parents decide to live apart. It is also widely accepted that the adverse impact on children can be greatly lessened if parents adopt a positive, co-operative and constructive approach to addressing their childrens' concerns.Parents who separate or divorce are usually confronted with considerable emotional, financial and other worries themselves but many parents recognise the need to place their children at the centre of all their decisions and responses, despite how difficult that can be at various stages along the separation and divorce process. There is a wide range of agencies and support services to help parents guide their children through what is a time of immense change and confusion, in their lives.

One of the primary tasks of any family law solicitor is to try and ensure that whatever difficulties exist between spouses that the impact on children is managed constructively. At Lynch and Partners we take that role extremely seriously and do everything in our power to help parents to help their children.

Before granting any Judicial Separation, Divorce Decree, Preliminary Order or Ancillary Order, the Courts main priority will be to ensure that permanent provision is made for the welfare of the children. Welfare in this case is taken to include religious, intellectual and moral welfare.

Guardianship
Guardianship means the rights and duties of parents in respect of the upbringing of their children. Guardianship rights entitle a parent to make important decisions regarding that child's upbringing, for example, deciding on the child's religion, education, medical treatment and general rearing.

The natural mother of a child is automatically a guardian of the child. A father who is married to the mother of his child also has automatic guardianship rights in relation to that child. This applies even if the couple married after the birth of the child.

However, a father who is not married to the mother of his child does not have automatic guardianship rights in relation to that child. If the mother agrees for him to be legally appointed guardian, they must sign a joint statutory declaration. If the mother does not agree for him to have guardianship, he may apply for this status to the District Court.



Custody
Custody means the right to the physical care and control in respect of the upbringing of a child on a day to day basis. Married parents residing together are the joint guardians and custodians of their children. After separation they continue to be joint custodians. However, one parent may take the role of primary carer which involves the child/children living with them and staying with the other parent less frequently.


Access
The parent who does not have the day to day care of the child is entitled to access to the child / children.
Access is defined as the right of the parent, with whom the child does not live, to spend time with the child. It can include the right to have the child stay overnight either occasionally, on alternate weekends or during school holidays and the right for parent and child to go on holidays together. In many cases, custody and access arrangements for a child / children are agreed informally between parents. Where agreement cannot be reached in this regard either parent can make an application to the court to decide the terms and conditions which will govern custody and access of a child / children. The application can be made to the District Court or can be made in an application for Judicial Separation or Divorce in the Circuit Court.

The Children


One of the major concerns of parents who have decided to separate or divorce is the impact that that decision will have on their children. Research abounds which shows that children can suffer when their parents decide to live apart. It is also widely accepted that the adverse impact on children can be greatly lessened if parents adopt a positive, co-operative and constructive approach to addressing their childrens' concerns.Parents who separate or divorce are usually confronted with considerable emotional, financial and other worries themselves but many parents recognise the need to place their children at the centre of all their decisions and responses, despite how difficult that can be at various stages along the separation and divorce process. There is a wide range of agencies and support services to help parents guide their children through what is a time of immense change and confusion, in their lives.

One of the primary tasks of any family law solicitor is to try and ensure that whatever difficulties exist between spouses that the impact on children is managed constructively. At Lynch and Partners we take that role extremely seriously and do everything in our power to help parents to help their children.

Before granting any Judicial Separation, Divorce Decree, Preliminary Order or Ancillary Order, the Courts main priority will be to ensure that permanent provision is made for the welfare of the children. Welfare in this case is taken to include religious, intellectual and moral welfare.

Guardianship
Guardianship means the rights and duties of parents in respect of the upbringing of their children. Guardianship rights entitle a parent to make important decisions regarding that child's upbringing, for example, deciding on the child's religion, education, medical treatment and general rearing.

The natural mother of a child is automatically a guardian of the child. A father who is married to the mother of his child also has automatic guardianship rights in relation to that child. This applies even if the couple married after the birth of the child.

However, a father who is not married to the mother of his child does not have automatic guardianship rights in relation to that child. If the mother agrees for him to be legally appointed guardian, they must sign a joint statutory declaration. If the mother does not agree for him to have guardianship, he may apply for this status to the District Court.



Custody
Custody means the right to the physical care and control in respect of the upbringing of a child on a day to day basis. Married parents residing together are the joint guardians and custodians of their children. After separation they continue to be joint custodians. However, one parent may take the role of primary carer which involves the child/children living with them and staying with the other parent less frequently.



Access
The parent who does not have the day to day care of the child is entitled to access to the child / children.
Access is defined as the right of the parent, with whom the child does not live, to spend time with the child. It can include the right to have the child stay overnight either occasionally, on alternate weekends or during school holidays and the right for parent and child to go on holidays together. In many cases, custody and access arrangements for a child / children are agreed informally between parents. Where agreement cannot be reached in this regard either parent can make an application to the court to decide the terms and conditions which will govern custody and access of a child / children. The application can be made to the District Court or can be made in an application for Judicial Separation or Divorce in the Circuit Court.



Steps in applying for a CONTESTED DIVORCE

STEP 1 DRAFT PROCEEDINGS
In order to apply for a divorce in Ireland the applying party is required to file a number of papers in the Circuit Court Office.

i) The Civil Bill (sample)
The Civil Bill sets out the facts of the case and also lists the various reliefs that are sought from the Court and the grounds for seeking these reliefs.

ii) Affidavit of Means (sample)
In each case where financial relief is sought an Affidavit of Means must be filed. This details all the assets, liabilities, income and expenditure of the applying party and allows the Court to determine whether proper provision is being provided.

iii) Affidavit of Welfare (sample)
The Court has an obligation to ensure that the welfare of dependent children is properly provided for and in any case where there are dependant children involved an Affidavit of Welfare must be filed with the Court. This document contains a series of questions which relate specifically to the personal care of the children. It describes where they live and with whom. It also describes their education and training, their health, childcare arrangements and maintenance and access arrangements.

vi) Solicitors Certificate (sample)
Solicitors are obliged to file with the Court a sworn document certifying that they have discussed with their Client the options of reconcilation, mediation and separation.

STEP 2 ISSUE PROCEEDINGS
When all the Documents are filed with the Court they will be issued and stamped by the County Registrar and allocated a specific case number which is called a record number. They will then be returned to the applying party.

STEP 3 SERVE PROCEEDINGS
The documents must then be served on the other party (known as the Respondent) by Registered Post.

STEP 4 DEFENCE
The Respondent must then decide whether or not the application will be defended. If the Respondent decides to defend the Application, he/she must arrange to lodge in the Circuit Court

i) Entry of Appearance
This advises the Court that the Application will be defended.

ii) Defence
This a defence setting out the nature of the defence together with details of the reliefs being sought by him/her

iii) Affidavit of Means
This details all the assets, liabilities, income and expenditure of the Respondent and allows the Court to determine whether proper provision is being provided.

STEP5 DISCOVERY
Both spouses have obligations to provide particulars of his or her property and income to allow proper provision be assessd. If one party feels that the information contained in the Affidavit of Means is not adequate or correct, it is open to that party to persue the issue of discovery of documents and their examination. Discovery is essentially a pre-hearing procedure which may be done voluntarily or pursuant to a Court order and is intention is to make available all documents which exist and may be relevant. The purpose of Discovery is to ensure that all relevant information and documents, whether beneficial or detrimental to the parties cases, are produced in advance of the hearing.

STEP 6 NOTICE OF TRIAL
When the case is ready to proceed to hearing a document called a Notice of Trial is served and filed in the Circuit Court. The case is then put onto the waiting list of cases to be heard by the Circuit Court.


The Children :


One of the major concerns of parents who have decided to separate or divorce is the impact that that decision will have on their children. Research abounds which shows that children can suffer when their parents decide to live apart. It is also widely accepted that the adverse impact on children can be greatly lessened if parents adopt a positive, co-operative and constructive approach to addressing their childrens' concerns.Parents who separate or divorce are usually confronted with considerable emotional, financial and other worries themselves but many parents recognise the need to place their children at the centre of all their decisions and responses, despite how difficult that can be at various stages along the separation and divorce process. There is a wide range of agencies and support services to help parents guide their children through what is a time of immense change and confusion, in their lives.

One of the primary tasks of any family law solicitor is to try and ensure that whatever difficulties exist between spouses that the impact on children is managed constructively. At Lynch and Partners we take that role extremely seriously and do everything in our power to help parents to help their children.

Before granting any Judicial Separation, Divorce Decree, Preliminary Order or Ancillary Order, the Courts main priority will be to ensure that permanent provision is made for the welfare of the children. Welfare in this case is taken to include religious, intellectual and moral welfare.

Guardianship
Guardianship means the rights and duties of parents in respect of the upbringing of their children. Guardianship rights entitle a parent to make important decisions regarding that child's upbringing, for example, deciding on the child's religion, education, medical treatment and general rearing.

The natural mother of a child is automatically a guardian of the child. A father who is married to the mother of his child also has automatic guardianship rights in relation to that child. This applies even if the couple married after the birth of the child.

However, a father who is not married to the mother of his child does not have automatic guardianship rights in relation to that child. If the mother agrees for him to be legally appointed guardian, they must sign a joint statutory declaration. If the mother does not agree for him to have guardianship, he may apply for this status to the District Court.


Custody
Custody means the right to the physical care and control in respect of the upbringing of a child on a day to day basis. Married parents residing together are the joint guardians and custodians of their children. After separation they continue to be joint custodians. However, one parent may take the role of primary carer which involves the child/children living with them and staying with the other parent less frequently.



Access
The parent who does not have the day to day care of the child is entitled to access to the child / children.
Access is defined as the right of the parent, with whom the child does not live, to spend time with the child. It can include the right to have the child stay overnight either occasionally, on alternate weekends or during school holidays and the right for parent and child to go on holidays together. In many cases, custody and access arrangements for a child / children are agreed informally between parents. Where agreement cannot be reached in this regard either parent can make an application to the court to decide the terms and conditions which will govern custody and access of a child / children. The application can be made to the District Court or can be made in an application for Judicial Separation or Divorce in the Circuit Court.