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passport and birth cert question

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  • 17-01-2011 12:39pm
    #1
    Registered Users Posts: 107 ✭✭


    Hi, just looking for a bit of advice here.
    My sons father and I were not together when he was born and he wasn't in contact until a few months after he was born.
    As he wasnt around, I didnt put his name on the birth cert and got lone parent allowance. He got back in contact and he now sees his son weekly and give me about €30 most weeks (sometimes he buys clothes or things for school instead).

    However, now he's saying he want's to get on his birth-cert and his passport so he can take him away (My son has his own passport already, my name isn't on it anywhere). He said he cant take him anywhere without it.
    I'm not sure if this is true as surely that'd mean Grandparents wouldn't be allowed be allowed take kids on holidays?

    Does anyone know if putting my ex on the birth cert means he'll get get joint custody and also will I get into trouble for not declaring the money he sometimes give me in the past (if he goes on the birth cert I know we'll have to sort out an official weekly maintence) ?

    My ex said that if I dont put him on the birth cert in the next few weeks he'll take me to court and apply for custoday. I know the chances of a judge taking my child off me and giving him to his dad is slim but I'm still terrified of losing my baby.


Comments

  • Closed Accounts Posts: 23,862 ✭✭✭✭January


    No, putting him on the birth cert will not give him joint custody, guardianship or anything like it. You both need to either agree on it through mediation and have an order put in place there or through a court order.

    Yes, if you do not declare the €30 he gives you a week you can get in trouble. You need to tell the DFSA that you are receiving this money.

    The judge is unlikely to give full custody to your ex. And there is no such thing as putting a parents name on a passport, children are required to have their own passports these days.


  • Closed Accounts Posts: 43,045 ✭✭✭✭Nevyn


    ok sto start with he can travel with the child if he has your permission and a letter stating he is acting as guardian for the time he is away.

    Even if his name is on the birth cert he does not get guardianship automatically or custody. He can apply for all of the above but unless there is eveidence that you are abusing your child he won't get awarded custody at all.

    As for the informal arrangement re maintence, once what you are getting is less then the rent/mortgage then your payments won't be docked, I can understand the reluctance to declare it if he's irregular with payments or misses them and then you are down the money you are running the house hold on.

    Why shouldn't he be on the birth cert if he is the father?
    Why wouldn't you want him to have guardianship of the child and input to the child's life, you do trust him to leave your son in his care?

    Why is he suddenly so hostile? and making these demands?


  • Registered Users Posts: 107 ✭✭rere


    Thanks for the replies.
    As I said he wasnt around to begin with and I was worried about custody so haven't done it since.
    He's not a bad guy and we generally get on but he's not reliable, he used to cancel collecting our son at least once a week, usually a half an hour after he was supposed to take him. He's better about it now but it's still happening often enough that I dont tell him he's going to see his dad until about 2 hours before he gets there as he cancels the day before now.
    Also two of his family members have told me he drunk drove (and without insurance) at least once in the past and I know he smokes hash regularly (never around our child).
    He said the driving thing was a silly mistake and that he only smokes when he's with his friends but I'm still worried about it.

    I've no idea why he's gotten so hostile recently, I thought we got along well enough.


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