Can Grandparents apply for Guardianship?

Ms. Pingui

If, for example, a father dies can his parents apply for access and guardianship of his child? As in end up having joint guardianship with the childs mother.

In what circumstances can they do this?
Do you think this is fair or unfair?

The Lovely Muffin

From Citizen's Information

http://www.citizensinformation.ie/en/birth_family_relationships/relationships_life_event.html

Grandparents
Grandparents also have certain rights in relation to their grandchild. Where grandparents are having difficulty in maintaining contact with their grandchild, under the Children Act 1997 they can apply for leave to apply for access to the child through the District Court. If the grandparents are the main carer of the child and the child is not being properly financial maintained by either or both parents, the grandparents can apply to the District Court for a maintenance order. Grandparents may be able to adopt or foster a grandchild. Where parents dies without making a will appointing someone to act as guardian of their child, the grandparents can apply to the District Court to be appointed guardians. Treoir have published a booklet entitled Being there for them (pdf) for grandparents of children whose parents are not married to each other.

Susannahmia

Ms. Pingui wrote: »

If, for example, a father dies can his parents apply for access and guardianship of his child? As in end up having joint guardianship with the childs mother.

In what circumstances can they do this?
Do you think this is fair or unfair?

I'm not sure about guardianship but I do know that they can definatly apply for visatation.

My aunt applied for this and sees her grandchild once a week for about 4-5 hours.

James Jones

Ms. Pingui wrote: »

If, for example, a father dies can his parents apply for access and guardianship of his child? As in end up having joint guardianship with the childs mother.

In what circumstances can they do this?
Do you think this is fair or unfair?

Grandparents can apply for leave to apply for access to their grandchildren. That means they first have to get permission of the court to make an application for access.
If their son dies, and he has appointed a grandparent as guardian, they act JOINTLY in guardianship matters with the surviving guardian.
However, Guardianship isn't worth the paper it's written on, for unmarried, divorced and separated fathers OR INDEED for married fathers!!!
I would advise not to fight over Guardianship as the only place it matters is if the children are taken out of the juristiction.

Purple_Bobbin wrote: »

From Citizen's Information

http://www.citizensinformation.ie/en/birth_family_relationships/relationships_life_event.html

Grandparents
Grandparents also have certain rights in relation to their grandchild. Where grandparents are having difficulty in maintaining contact with their grandchild, under the Children Act 1997 they can apply for leave to apply for access to the child through the District Court. If the grandparents are the main carer of the child and the child is not being properly financial maintained by either or both parents, the grandparents can apply to the District Court for a maintenance order. Grandparents may be able to adopt or foster a grandchild. Where parents dies without making a will appointing someone to act as guardian of their child, the grandparents can apply to the District Court to be appointed guardians. Treoir have published a booklet entitled Being there for them (pdf) for grandparents of children whose parents are not married to each other.

I opened that link and think some of the information supplied by Treoir is incorrect. For example, Treoir claim that

Where a parent who was a guardian has died without making a will appointing
someone to act as a guardian for their child, a grandparent (or any person) can
apply to the local District Court under Section 8 of the Guardianship of Infants
Act, 1964, to be appointed a guardian of the child

However, Section 8 is as follows:

8.—(1) Where an infant has no guardian, the court, on the application of any person or persons, may appoint the applicant or applicants or any of them to be the guardian or guardians of the infant.

(2) When no guardian has been appointed by a deceased parent or if a guardian so appointed dies or refuses to act, the court may appoint a guardian or guardians to act jointly with the surviving parent.

(3) A guardian appointed by the court to act jointly with a surviving parent shall continue to act as guardian after the death of the surviving parent.

(4) The court may remove from office any guardian appointed by will or deed or order of court.

(5) The court may appoint another guardian in place of a guardian so removed or in place of a guardian appointed by any such order who dies.

My reading of the legislation is that a grandparent can only apply for guardianship "Where an infant has no guardian".