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Need a solicitor for child support/access

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  • 03-01-2013 3:00pm
    #1
    Yahorse
    Registered Users Posts: 77 ✭✭


    Hi,

    I am looking for a solicitor as my relationship with my ex has broken down and now court is the only option.

    I would like the court to decide on how much to pay each month as I thought 400 was too much based on my income and expenses such as mortgage. I am also not allowed to let my daughter stay over but I get to see her 2 days one weekend and one the other. She did not want me to have guardianship of our daughter. I just feel like for 400 euro a month I should get her to stay over and guardianship. What is the norm?

    Any help would be great,
    Tagged:


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    #2
    Orion
    Closed Accounts Posts: 12,807 ✭✭✭✭Orion


    You've three things going on there. Access, maintenance and guardianship. They are all mutually exclusive.

    Guardianship you can just apply for through the courts - the clerks of the family court will advise you there - you don't need a solicitor for it. All it grants you is the right to a say in your child's education, religion, medical treatments, getting a passport. It does not give you an automatic right to access to your child. In practice a father's guardianship is unenforced in this country - but that doesn't mean you shouldn't seek it. A judge will only refuse guardianship if there is good reason to do so.

    Maintenance payments and access are best agreed. There is a mediation service that you should speak to about this. They can meet with both of you, together and separately, to agree both of these. Only if there can be no agreement should you go to court. There is no link between maintenance payments and her staying over. Access is a separate issue. Maintenance is paid for the child's benefit to share normal expenses related to the child. Having her stay over is not unreasonable but it is not related to maintenance. Both of these can be agreed in mediation or ordered by a judge. It would be best to try mediation first. If she refuses to go then speak to the clerks of the family court for advice. You do not have to have a solicitor but if you feel you must then talk to one.


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