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Custody of children emigrating with you

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  • 17-11-2012 4:55pm
    #1
    Mrs McSweeney
    Registered Users Posts: 95 ✭✭


    I thought this might be useful to some of you, in case you didn't already know.

    For couples emigrating with their children...
    If you have children from a previous relationship, and one of the emigrating adults doesn't have custody of the child/ren, then you will need to either get custody or else get official written permission from the other parent.
    This may not be that easy, depending on your circumstances, so make sure you check it out & get the process started asap.

    If you were not married, then the mother has sole custody unless you make legal arrangements to share Guardianship. From my research it appears that both Custody & Guardianship are considered the same thing here in Ireland, though I'm not 100% certain of this. I guess if you have sole custody you will need a notarised affidavit to this effect.

    In my case my son (from a previous unmarried relationship) turned 18 this week, just a couple of weeks after we submitted out SINP application. So when they queried the custody issue this is what we advised them (that he is now officially an adult). So far they haven't requested any further information, so I hope they are happy with the explanation/situation.


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