Grandparents as guardians

de breeze

Has anyone any advice/info on the process of becoming the guardian of a child if you are the grandparents? Our situation is that our 3 year old grandson is in our full-time care for some time. I understand that adoption is an option but can take years. Is there any precedent where grandparents have applied successfully to the courts to become legal guardians?

Any info/advise would be hugely appreciated - we have consulted numerous agencies and websites but without success so far.

Nevyn

I would suggest that you get a solictor that deals in family law if the parents of the child do not wish to sign the needed documentation.

de breeze

Really? The first solicitor we tried quoted €150 as a 'consultation fee' Imagine what it would cost for them to actually 'do' something. Thanks but this was not the advice we were looking for.........

snellers

we could all say, yes it won't be a prob if you like but would be lying. A solicitor is your best bet....maybe consult another one and find out if you can get a 1st preliminary meeting to discuss the basics at a lower cost (to see if it's a worthwhile path)

Nevyn

I know of two sets of grandparents who are the guardians of their grandchild who is in their full time care.

One set were granted ti by their daughter signing the forums need the other had to apply to the district court.
In the case of the grandparents who had to apply to the district court they had references and referrals from the child's case worker.


If the parent or parents of the child consent to it then it is a matter of getting the forums filled in, in the presence of a commissioner for oaths, other wise you have to go to court and get awarded guardianship.

Maybe you should try your local http://www.citizensinformationboard.ie/citizens/citizens_centres.html
it could be also that you may qualify for legal aid, http://www.legalaidboard.ie/lab/publishing.nsf/Content/Civil_Legal_Aid.

http://www.citizensinformationboard.ie/search/?q=guardianship&sitesearch=www.citizensinformationboard.ie
http://www.justice.ie/en/JELR/Pages/Guardianship
http://www.citizensinformation.ie/categories/birth-family-relationships/unmarried-couples/legal_guardianship_and_unmarried_couples

Legal guardianship and unmarried couples

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* Information
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* How to apply
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Information

If you are a guardian of a child in Ireland, you have a duty to maintain and properly care for the child and you have a right 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. The rights of parents to guardianship are set down in Section 6 of the Guardianship of Infants Act, 1964.

For children born outside of marriage in Ireland, only the mother has automatic rights to guardianship. (Even though a father's name may be registered on the child's birth certificate, this does not give him any guardianship rights in respect of his child). Read more in 'Rules' below.
Rules

If a child in Ireland is born out outside of marriage, the mother is the sole guardian. The position of the unmarried father of the child is not so certain. If the mother agrees, the father can become a joint-guardian if both parents sign a "statutory declaration". The statutory declaration (SI 5 of 1998) must be signed in the presence of a Peace Commissioner or a Commissioner for Oaths.

This declaration states the names of the parents of the child, that they are unmarried and that they agree that the father should be appointed as a joint-guardian. The declaration also states that the parents have agreed arrangements regarding custody of and access to the child. If there is more than one child, a separate statutory declaration should be made for each.

However, if the mother does not agree to sign the statutory declaration or agree that the father be appointed as joint guardian, the father must apply to the court to be appointed as a joint-guardian. You do not require legal representation to do this, you can make the application on your own behalf. Apply directly to the the District Court and contact the clerk of the court to institute proceedings. (This is possible, irrespective of whether your name is on the child's birth certificate or not). Statistics from 2004 show that 70% of the 1,237 unmarried fathers who applied for guardianship had orders granted in their favour.

While the mother's views are taken into account, the fact that she does not consent to the guardianship application does not automatically mean that the court will refuse the order sought by the father. Instead, the court will decide what is in the best interest of the child.

In situations where the father has been appointed joint guardian of a child, then his consent is required for certain things relating to the child's general welfare and other items. (For example, for passport applications for the child). Read more about passports for children of unmarried parents here (pdf). The father's consent is also required for the adoption of the child by another couple (or by the mother and her husband). Read more about adoption here.
Removal of guardianship rights

Fathers 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. The only way a mother can give up her guardianship rights in Ireland, is if the child is placed for adoption.
Marriage after the child is born

If the parents of a child marry each other after the birth, then the father automatically becomes a joint guardian of the child. There is therefore no need to apply for guardianship rights nor is there any need for the father to adopt the child.

Where the father is joint guardian and the mother subsequently marries another man, the father will remain the joint guardian of his child. If the mother and her husband wish to adopt the child, they must seek consent from the child's father. If the child's father consents to the adoption, then he gives up his right to guardianship of his child.
Guardians and wills

It's very important if you are the guardian of a child (especially if you are a mother and sole guardian) that you make a will, appointing a guardian to act on your behalf in the event of your death. It's strongly advised that you talk this over with someone who could act as guardian and that he/she gives his/her consent to being named in your will as testamentary guardian.

The child's surviving guardian (if there is one) will then act jointly with the new guardian. Read more about making a will and what you need to know here.
Rates

You do not require legal representation in order to apply for guardianship of your child. Staff in your local district court will provide you with assistance to help guide you through the process.

If you go to a family law solicitor, you will have to pay solicitors' fees. You should be aware that solicitors' fees in Ireland are not fixed and can vary considerably. Shop around and obtain some quotes before you decide on a legal firm. Be aware however, that your solicitor must explain all of the costs to you in advance.

If you are eligible for legal aid, then the amount that you have to pay for legal advice may be as low as €10 . If you require legal representation at court the minimum amount you may have to pay is €50.
How to apply

Contact the staff in your local district court for more information on the process of applying for guardianship.

If you would prefer to seek legal advice, contact a solicitor.

Contact your nearest law centre for information on Legal Aid. Information is also available from the Legal Aid Board.
Contact

Contact information for solicitors firms throughout Ireland is listed in the Golden Pages.

Treoir, the National Information Centre for Unmarried Parents, have produced some useful information leaflets on a variety of topics that may be of interest to you. View 'Shared Parenting for Unmarried Parents (pdf)' here. View information here on 'Guardianship (pdf)' and on 'Access and Custody (pdf)'. Information leaflet on 'Unmarried Fathers; rights and responsibilities in respect of their children (pdf)' here.

Treoir
Line 1:
14 Gandon House
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Custom House Square
Line 3:
IFSC
County:
Dublin 1
Country:
IRELAND
Tel:
+353 (0)1 6700120
Locall:
1890 252084
Fax:
+353 (0)1 6700199
Homepage:
http://www.treoir.ie
Email:
info@treoir.ie
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FLAC (Free Legal Advice Centres) is an independent, voluntary organisation that operates a network of legal advice clinics throughout the country. These clinics are confidential, free of charge and open to all. Contact your nearest Citizens Information Centre for information on FLAC services in your area. FLAC also runs an information and referral line during office hours for basic legal information.

FLAC has produced a series of basic leaflets on various areas of law which may be useful. These are available from your local Citizens Information Centre and from FLAC or can be downloaded from the FLAC website.

Free Legal Advice Centres
Line 1:
13 Lower Dorset Street
Line 5:
Dublin 1
County:
Dublin 1
Country:
IRELAND
Tel:
+353 (0)1 8745690
Fax:
+353 (0)1 8745320
Homepage:
http://www.flac.ie
Email:
info@flac.ie
Wheelchair Access:


The Family Mediation Service can enable couples who have decided to separate to negotiate their own terms of agreement, while addressing the needs and interests of all involved. The service is free. Read more about the Family Mediation Service here.

Family Mediation Service
Line 1:
1st Floor
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St. Stephen's Green House
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Earlsfort Terrace
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Dublin 2
County:
Dublin
Country:
Ireland
Tel:
+353 (0)1 6344320
Fax:
+353 (0)1 6622339
Email:
fmsearlsfort@welfare.ie
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Last Updated: 5/3/2008
Subject Terms: cohabitation, guardianship, child custody

de breeze

Thanks Thaedydal, better advise than any legal eagle. It is hugely encouraging that others have succeeded in a similar situation.

Will pursue through the district courts and hopefully it will all work out.

Thanks again

di11on

Best of luck OP and well done for making the life of one little person better!