Joint Guardianship

antodeco

Hi All,
I have a four year old child with my ex partner (never married), and I was wondering how I can gain joint-guardianship. The childs mother has no issue with me gaining this, and has said that she would never refuse me access to my child, but I would prefer to have this legally. Again, she is willing to complete any forms necessary.

I have looked online and have the Guardianship of Childdren (S.I. No. 5/1998) form. Is it as simple as getting both myself and the mothers child to fill in and sign, and call to a Garda Station to get it signed and stamped?

Any adivce would be greatful.

Many thanks.

Nevyn

Guardianship does not equal custody or visitation.

It gives you a say in the important choices for the child, gives you the right to sign for medical proceedures and to give permission for the likes of forms in school, stop the child
from being adopted with out your say so.

If at any time the mother of your child was to start to refuse you visitation which you have as a private agreement you would have to go to court to get a court mandated visitation and access order. If it was to come to that ( which lets face it is pretty awful )
the fact you do have guardianship would be usually deemed in your favour but it does not garteenee anything.


You have to sign the form in the presence of a commisioner for oaths which is a solictor
or a peace commissionar and your local garda station will be able to tell you who that is for your area.

http://www.citizensinformation.ie/categories/birth-family-relationships/unmarried-couples/legal_guardianship_and_unmarried_couples/?searchterm=Guardianship

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.

Maximilian

Please read the Charter in future - no legal advice.

edit: Moving it to Parenting.

antodeco

Many thanks for the reply.

As mentioned I was simply asking "Is it as simple as getting both myself and the mothers child to fill in and sign, and call to a Garda Station to get it signed and stamped?".

I was not specifically looking for any legal advice but moreso, if it was as simple as getting the form signed.

Nevyn

You both have to sign it with the peacecommiser/commisioner watching you and then have them co sign it and then you send it off.

antodeco

Fantastic. Seems straight forward enough.

Maximillian, apologies. Just read back over my post. Seems fairly snotty, was un-intended

tilarkin

hi there where do you send the joint guardianship form when its signed??

MojoMaker

You don't send it anywhere. It's a matter between you and the other parent. Keep a safe copy, or lodge one with your solicitor for safe keeping, it's only of use if it is contested in the future etc.