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guardianship si 5 1998

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  • 08-01-2009 10:12am
    #1
    dooley319
    Registered Users Posts: 54 ✭✭


    HI folks myself and my ex are going to be signing a guardianship form in front of a peace commissioner,
    Would anyone know where we send the form after they are signed as we have no idea,thanks


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    #2
    K-9
    Registered Users Posts: 43,311 ✭✭✭✭K-9


    dooley319 wrote: »
    HI folks myself and my ex are going to be signing a guardianship form in front of a peace commissioner,
    Would anyone know where we send the form after they are signed as we have no idea,thanks

    There is no where to send it as there is no official record or register for it.

    Keep it somewhere safe!

    Mad Men's Don Draper : What you call love was invented by guys like me, to sell nylons.



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    #3
    Nevyn
    Closed Accounts Posts: 43,045 ✭✭✭✭Nevyn


    If you read the form all the way to the end it will tell you where it needs to be lodged.


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    #4
    killwill
    Registered Users Posts: 2,785 ✭✭✭killwill


    As a matter of interest, and I'm sure it has probably been asked already but can't find it, where do you get that form?


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    #5
    Nevyn
    Closed Accounts Posts: 43,045 ✭✭✭✭Nevyn


    Your local district court house will have one and so should your local garda station.

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


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    #6
    Orion
    Closed Accounts Posts: 12,807 ✭✭✭✭Orion


    I have a PDF of it here that I got from a solicitor. If you want to PM me your email addy I'll forward it on to you.

    Scratch that - I just attached it to this post.


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    #7
    John Griffin
    Closed Accounts Posts: 270 ✭✭John Griffin


    Well done, you'd be surprised how many lads don't bother with this, be sure to go the whole hog and have it made a court order. Just talk to a solicitor, its a very simple process but could be a very important one in the future for you and your child.


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    #8
    MojoMaker
    Registered Users Posts: 4,686 ✭✭✭MojoMaker


    It doesn't need to be made a court order if it's signed by both parents. It's a legal document in its own right.


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    #9
    John Griffin
    Closed Accounts Posts: 270 ✭✭John Griffin


    That is true but it has greater strength if made a court order. And you will only find this out when you really don't want to. Ask any family law barrister.


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    #10
    Orion
    Closed Accounts Posts: 12,807 ✭✭✭✭Orion


    You only need a court order if one parent (usually the mother) refuses to sign the SI. Having this form notarised and going to court is not necessary - it's a one or the other situation.


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    #11
    Superdaddy
    Registered Users Posts: 234 ✭✭Superdaddy


    Macros42 wrote: »

    You only need a court order if one parent (usually the mother) refuses to sign the SI. Having this form notarised and going to court is not necessary - it's a one or the other situation.

    It is not totally necessary to make it a court order. But it is not one or the other, you can get the mother to sign the declaration and also have it made a court order. It adds strength to the guardianship. Its a belt and braces thing i believe.


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    #12
    craiginireland
    Closed Accounts Posts: 872 ✭✭✭craiginireland


    Superdaddy wrote: »
    It is not totally necessary to make it a court order. But it is not one or the other, you can get the mother to sign the declaration and also have it made a court order. It adds strength to the guardianship. Its a belt and braces thing i believe.

    As well established Guardianship is worthless imo. As long as the mother signs it and the father keeps it safe, all is ok.


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    #13
    timbo1357
    Registered Users Posts: 1 ✭timbo1357


    hi would anyone know where i can get the form S.I. 5 OF 1998, its the form for guardianship of children out of marrage


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    #14
    January
    Closed Accounts Posts: 23,862 ✭✭✭✭January


    Orion wrote: »
    I have a PDF of it here that I got from a solicitor. If you want to PM me your email addy I'll forward it on to you.

    Scratch that - I just attached it to this post.

    Orion posted it in post number 6.


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    #15
    James Jones
    Registered Users Posts: 534 ✭✭✭James Jones


    Nevyn wrote: »
    If you read the form all the way to the end it will tell you where it needs to be lodged.
    Not true. There is no central registration of unmarried fathers who become Guardians, either by Statutory Declaration or by Court Order.
    John Griffin wrote: »
    Well done, you'd be surprised how many lads don't bother with this, be sure to go the whole hog and have it made a court order. Just talk to a solicitor, its a very simple process but could be a very important one in the future for you and your child.
    Not true. There is no difference between Guardianship by S.I. or by Court Order. The only way Guardianship is strengthened is by marriage because only then can it not be removed.
    John Griffin wrote: »
    That is true but it has greater strength if made a court order. And you will only find this out when you really don't want to. Ask any family law barrister.
    Simply not true. Ask any family law barrister.
    Superdaddy wrote: »
    It is not totally necessary to make it a court order. But it is not one or the other, you can get the mother to sign the declaration and also have it made a court order. It adds strength to the guardianship. Its a belt and braces thing i believe.
    Simply not true. If you want to challenge this then please provide some references.
    craiginireland wrote: »
    As well established Guardianship is worthless imo. As long as the mother signs it and the father keeps it safe, all is ok.
    Guardianship IS worthless other than to prevent the removal of a child from the jurisdiction. An unmarried father who lives with the mother of his children can do nothing if she decides to move to a different country. See HERE.


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    #16
    Orion
    Closed Accounts Posts: 12,807 ✭✭✭✭Orion


    Three year old posts being replied to. Necro thread closed


This discussion has been closed.
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