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Father's Access Rights

  • 09-07-2013 5:33pm
    #1
    MySurrealLife
    Registered Users Posts: 8 ✭


    I can't remember if I read this correctly or I'm confused but does a father have a legal right to two consecutive full weeks in the summer at his choosing or is it two weeks and the mom can split them if she wants.

    We have requested two, mom said we can have 1 & she decides the other (later in the summer)

    We are sure that its when she holidays.... to us that is extra as its her thing it should be a third on top of the two we get.

    Guidance aappreciated.

    Thanks


Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Do you have a court order for access, and if so, what does that say?


  • #3
    MySurrealLife
    Registered Users Posts: 8 ✭MySurrealLife


    The Mustard wrote: »
    Do you have a court order for access, and if so, what does that say?

    There are no provisions for anything outside of daily access.


  • #4
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    S.11 of the Guardianship of Infants Act 1964 has had several amendments but it only refers to access rights in general terms, leaving the specifics to the courts.

    You say that the existing access order only deals with daily access.

    If you can't agree matters with the mother, you could consider asking a solicitor about a court application to vary access, and if you can't afford a solicitor, there is the Legal Aid Board.


  • #5
    Cody Pomeray
    Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    I can understand your frustration OP, but as The Mustard has said there is no automatic contact rule for join guardians (I presume you are, legally, joint guardian?)

    You are somebody who seeks to be very involved in your child's upbringing, courts are usually very receptive to these types of parents; two consecutive weeks doesn't sound unreasonable. If the other (custodial) guardian is unreasonable about that prospect, I would consider revisiting the matter if I were you.


  • #6
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Cody Pomeray wrote: »
    I can understand your frustration OP, but as The Mustard has said there is no automatic contact rule for join guardians

    You are correct, of course.

    What I had been trying to say, albeit not very clearly, was that the Act (as amended) does not set out the amount of access which should be ordered, and that it would be up to the court, if the parties could not agree.


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  • #7
    Ash.J.Williams
    Registered Users, Registered Users 2 Posts: 21,190 ✭✭✭✭Ash.J.Williams


    What's the story if the ex and child up sticks and move away, (dublin to galway)??? It already halved my access to fortnightly, and I have a feeling she'll be playing the too far card soon enough, will a judge look favourably on her?


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