Custody, Access and Guardianship
It is important to bear in mind in any court applications that are made relating to custody, access or guardianship of a child that the Court’s main consideration will always be the welfare of that child.
Custody of a child is the word used to describe the day-to-day care and control of that child. Access is commonly used to describe the right to see the child and to communicate with that child. The Guardian of a child has a right to be consulted on all matters affecting the upbringing of the child.
Married parents are both guardians of the children born to the marriage and they have equal rights when it comes to custody and access. This is not altered by the separation of the parents however in reality when parents separate some of the issues which often cause the most difficulty are those concerning custody and access to the children of the marriage.
Currently under Irish law unmarried parents do not have the same rights as married parents. If the parents of a child are not married the mother has the right to custody. The father has the right to apply to the court seeking a custody and access order. An unmarried father also has the right to apply to court to be appointed as a guardian. The court will treat every case on its particular facts and can ask for certain reports to be prepared in relation to the child before the final order is made. The child’s welfare will always be the most important consideration and for that reason each case is decided based on its particular facts.
Our experienced solicitors regularly attend the local district court seeking and defending guardianship, custody and access orders. We will be able to advise you based on your own particular situation.
If you have any queries in relation to custody, access or guardianship please contact aoife@fof.ie or our general office at fof@fof.ie .Alternatively please telephone us on 059 9130500 to speak to a solicitor or to make an appointment.