Parents & Third Parties The Guardianship of Infants Act applies to custody disputes between parents and third parties. The former Constitutional protection of the family and parental rights was such that it was only in very exceptional circumstances that an outsider would be preferred to a parent. However, exceptionally, where the welfare of the child so requires custody may be given to a third party. […]
The Child and Family Relationships Acts 2015 amends the Guardianship of Infants Acts to allow the court to appoint step-parents, civil partners and cohabiting partners as guardians; to allow a parent or guardian with custody of a child to nominate a temporary guardian; and to enable wider categories of persons to apply for custody and access. The definition of ‘father’ was amended to exclude the […]
Guardianship Under the Guardianship of Infants Act, any guardian may apply to court to determine any question relating to the child’s welfare. In this context, a child is a person under 18 years. The court may make such order relating to the child’s welfare as it thinks proper. The orders may relate to guardianship, custody, access and other welfare issues. A guardian is a person […]
Children’s Referendum Until 2012, the Constitutional provisions for the protection of the marital family were thought to be a factor which would weigh slightly, at least, against the first and paramount interest of the child. The welfare of the child has been the first and paramount consideration under legislation dating back over 50 years. The 2012 amendment of the Constitution, the so-called Children’s Rights Referendum, […]
Custody & Access On granting a final order of judicial separation or divorce, the court may make orders in relation to custody and access in respect of dependent members of the family, children in particular. They may deal with issues, aspects or matters dealing with the welfare, custody of or access to the child. Custody is the right to immediate physical care and control of […]
Earlier Position Historically, a child of unmarried parents had an inferior legal status. The child was deemed illegitimate and was excluded from rights that would be available to a “legitimate” child whose parents were married. This policy of the common law was designed to promote marriage and penalise the bearing of children outside marriage. The Legitimacy Act 1931 confirmed certain rights of non-marital children. Succession […]
Family Welfare Conference A Children and Family Welfare conference may be held on the direction of the Children’s Court or at the initiative of the Health Authority (HSE). The Health Authority (HSE) appoints a person as coordinator to convene the family welfare conference and he or she acts as chairman. The purpose of a family welfare conference is to decide whether a child is in […]
Guardianship of Infants Act The modern position as expressed in the Guardianship of Infants Act and in the Constitution is that the welfare of the child is the first and paramount consideration. This means that it should be the deciding factor but not necessarily the exclusive factor. At common law, the mother of a child born outside marriage was the sole guardian. This remains the […]
When Questions Arise Questions of custody and access may be determined in standalone applications under the Guardianship of Infants Act. They may also arise in the context of judicial separation and divorce proceedings. Preliminary orders may be made for custody and access in the pre-trial stages of judicial separation and divorce proceedings. Other questions affecting the welfare of the child may also be determined. In […]
Overview The court may make orders it considers appropriate regarding the custody of a child and the right of access for each parent to the child. The court may order payment of maintenance for the child weekly or periodically, taking account of the parent’s means. It may make this order whether or not the parent concerned is a guardian of the child. Applications for the […]
2015 Act Reform The Children and Family Relationships 2015 amends the Civil Partnership and Certain Rights and Obligations of Cohabitants Act to give the same protection rights and obligations that apply to dependent members of the family in legislation (including maintenance, family home protection, the dependent children of one or both civil partners). The provisions provide that a civil partner of a parent, who is […]
Parentage DAH Reproduction