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Child Access

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  • 12-08-2012 6:24pm
    #1
    waylander2002
    Registered Users Posts: 311 ✭✭


    Ive been fighting for my rights for my son for the last 6 years. When I broke up with ex she told me that she would stop me seeing my son. The 1st thing was she tried a barring order. Which was refused, she accused me of violence when I never touched her. Once I gained my access she then said I didnt feed him etc etc. It has always been a fight in court but I always told the truth and everything always worked out for me. ( I went without a solictor all the time and just researched each time what I had to do and the clerks in the court always helped me out with forms etc as well)
    Now I have found out she has cancer and is in hospital and has been for the last 2 months, my son was told not to tell me( I have him for access 2 days per week and always pay my maintance) And my son stays with his aunt during the week . I however find it galling that I the father have been blocked out and not allowed to help by her family. And now I had his aunt telling me when and not I can have access! I have done nothing yet as of course I have no wish to upset herself in the hospital or my son. But if as it seems this cancer is serious then I will obviously have to take further action, hes my son I dont want someone else raising him, also I am in a great relationship for along time and we have a baby girl, who my son adores( and he adores his step mum) my son is 12 now. All comments welcome! any legal advice greatly welcomed!!

    I have guardianship it was awarded in court


Comments

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    #2
    January
    Closed Accounts Posts: 23,862 ✭✭✭✭January


    Do you have guardianship of your son?


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    #3
    Orion
    Closed Accounts Posts: 12,807 ✭✭✭✭Orion


    waylander2002 wrote: »
    All comments welcome! any legal advice greatly welcomed!!

    Comments are fine - legal advice is forbidden.

    I take it from your comments that you have court appointed access. Nobody can stop this without reapplying to the courts. If his aunt is blocking court appointed access that is an offence and you can have the access enforced.

    If you are not a legal guardian (don't confuse access with guardianship) you should apply for that too immediately. With guardianship you will become the sole legal guardian should your ex pass away and with that full custody ensues.

    Best course is to speak to a solicitor or FLAC and get ready for another day in court.


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    #4
    waylander2002
    Registered Users Posts: 311 ✭✭waylander2002


    hmm is there a difference? http://www.irishstatutebook.ie/1964/en/act/pub/0007/sec0006.html#zza7y1964s6

    from what I can see it states that either parent will have custody if the other dies
    All mothers in Ireland, irrespective of whether they are married or unmarried, have automatic guardianship status in relation to their children, unless they give the child up for adoption. A father who is married to the mother of his child also has automatic guardianship rights in relation to that child. This applies even if the couple married after the birth of the child. The rights of parents to guardianship are set down in Section 6 the Guardianship of Infants Act 1964. Guardianship rights entitle a parent to make important decisions regarding that child's upbringing, for example, deciding on the child's religion, education, medical treatment and where he/she lives.
    However, a father who is not married to the mother of his child does not have automatic guardianship rights in relation to that child. If the mother agrees for him to be legally appointed guardian, they must sign a joint statutory declaration. The statutory declaration (SI 5 of 1998) must be signed in the presence of a Peace Commissioner or a Commissioner for Oaths. If there is more than one child, a separate statutory declaration should be made for each.
    If the mother does not agree for him to have guardianship, he may apply for this status to the District Court. Statistics for 2004 show that 70% of the 1,237 unmarried fathers applying for guardianship in Ireland in that year had orders granted in their favour.
    However, he may be removed as guardian at a future date whereas a father married to the mother of the child is normally guardian for life.


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    #5
    January
    Closed Accounts Posts: 23,862 ✭✭✭✭January


    Access and guardianship do not go hand in hand. There is a huge difference and you only get automatic guardianship if you were married to your sons mother.

    Please do not mistake the two, if your ex passes away you could lose any access you previously had to your son because her next of kin automatically gets guardianship of her offspring if there are no other guardians.

    Please see your nearest free legal advice centre or have a look on treoir.ie


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    #6
    waylander2002
    Registered Users Posts: 311 ✭✭waylander2002


    I went to a solictor when we had problems in the past and she granted me guardianship


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    #7
    January
    Closed Accounts Posts: 23,862 ✭✭✭✭January


    Ok, so your next step is to ensure that your access is upheld. I know your ex is ill but there is no reason your access should be affected by this.

    If she does pass away, you will be granted full legal custody of your son as his legal guardian. Be prepared for a fight with grandparents though.


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    #8
    Orion
    Closed Accounts Posts: 12,807 ✭✭✭✭Orion


    waylander2002 wrote: »
    I went to a solictor when we had problems in the past and she granted me guardianship
    Do you have a notarized copy of the SI?
    Edit - sorry I just saw it was court ordered guardianship. You will have sole custody in the event of her death but you should still get legal advice now to be safe


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