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advice for going for legal guardianship of my son ..

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  • 11-10-2015 10:14pm
    #1
    oranbhoy67
    Registered Users Posts: 2,803 ✭✭✭


    Do i need to go to a solicitor or is it fairly straight forward and possible to pursue myself?

    Also what kind of time frame should I expect.. from applying , to it going in front of court?

    Any advice much appreciated.


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    #2
    uck51js9zml2yt
    Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    Go to a solicitor specialising in family law


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    #3
    teggers5
    Registered Users Posts: 445 ✭✭teggers5


    Is it joint guardianship you're looking for op?
    If it is and your sons mother has no objections then it's pretty straightforward and you won't need a solicitor. It can be sorted with a commissioner of oath.
    If there is objections then you will need to go to the family court.


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    #4
    oranbhoy67
    Registered Users Posts: 2,803 ✭✭✭oranbhoy67


    teggers5 wrote: »
    Is it joint guardianship you're looking for op?
    If it is and your sons mother has no objections then it's pretty straightforward and you won't need a solicitor. It can be sorted with a commissioner of oath.
    If there is objections then you will need to go to the family court.

    it is, but his mother won't reply to me everytime that i ask her

    Ive applied today thru the district court.


    Ive basically had to send her a letter by registered post informing her of my intention to take it thru the district court and after 10 days i have to get a justice of the peace to sign a form acknowledging that i have sent away the relevant forms, and then give this to the court office, then wait till the hearing is heard in December

    so far very straightforward


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    #5
    teggers5
    Registered Users Posts: 445 ✭✭teggers5


    oranbhoy67 wrote: »
    it is, but his mother won't reply to me everytime that i ask her

    Ive applied today thru the district court.


    Ive basically had to send her a letter by registered post informing her of my intention to take it thru the district court and after 10 days i have to get a justice of the peace to sign a form acknowledging that i have sent away the relevant forms, and then give this to the court office, then wait till the hearing is heard in December

    so far very straightforward

    Myself and my sons dad split up about 9 years ago. Shortly after we split I got the registered letter that you mentioned and a date to appear in court. It was the first I heard of him looking for guardianship even though we were in contact. I never had any issue with it but because the ball was rolling so to speak he couldn't cancel the court. ( so he told me)
    Long story short, the judge on the day asked what my objection was to his dad having joint guardianship & custody. When I told him I had none whatsoever he asked my ex why was he wasting court time!
    In your case if you are having trouble in communicating with your ex you have no other choice.


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    #6
    oranbhoy67
    Registered Users Posts: 2,803 ✭✭✭oranbhoy67


    teggers5 wrote: »
    Myself and my sons dad split up about 9 years ago. Shortly after we split I got the registered letter that you mentioned and a date to appear in court. It was the first I heard of him looking for guardianship even though we were in contact. I never had any issue with it but because the ball was rolling so to speak he couldn't cancel the court. ( so he told me)
    Long story short, the judge on the day asked what my objection was to his dad having joint guardianship & custody. When I told him I had none whatsoever he asked my ex why was he wasting court time!
    In your case if you are having trouble in communicating with your ex you have no other choice.


    Yeah I have no other choice at this point, I've asked her loads of times now & she just never replies, I even asked her husband this weekend would he ask for me and again no reply.

    Im on my son's birth certificate, I've had full access to my son at weekends since I moved here, any free time he has away from School he stays with me. i take him on a sun holiday every summer and away to my family in Scotland roughly 3-4 times a year so I don't know why she refuses to let me put my name down as a joint guardian but I've tried my best to do it out with court


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    #7
    Orion
    Closed Accounts Posts: 12,807 ✭✭✭✭Orion


    You seem to have ticked all the right boxes. If she won't sign the declaration with you witnessed by a CoO or Peace Commissioner then applying to the court for a guardianship declaration is the next step. Best of luck with it.


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    #8
    ken76
    Closed Accounts Posts: 288 ✭✭ken76


    Been there and done it. Took about 2 to 3 mths to get my date in court.I got legal advise and had a barrister. Looking back it was probably a waste of time getting a barrister. The judge will give u guardianship once you aren't a danger to the child etc or a complete junkie etc. The whole process in the actual court was about 1 - 10 mins.

    The judge asks you a few questions etc her barrister asked a few then that was it.


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    #9
    oranbhoy67
    Registered Users Posts: 2,803 ✭✭✭oranbhoy67


    ken76 wrote: »
    Been there and done it. Took about 2 to 3 mths to get my date in court.I got legal advise and had a barrister. Looking back it was probably a waste of time getting a barrister. The judge will give u guardianship once you aren't a danger to the child etc or a complete junkie etc. The whole process in the actual court was about 1 - 10 mins.

    The judge asks you a few questions etc her barrister asked a few then that was it.

    Thanks a lot , its great to hear some first hand experience !


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    #10
    ken76
    Closed Accounts Posts: 288 ✭✭ken76


    I would also document all evidence that you are providing for your child now, any money that you are giving have proof, keep receipts also of everything that you provide for your child, I also got character references from my employer(this wasn't asked for but i had it as a back up)


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    #11
    The Corinthian
    Closed Accounts Posts: 19,777 ✭✭✭✭The Corinthian


    oranbhoy67 wrote: »
    Do i need to go to a solicitor or is it fairly straight forward and possible to pursue myself?
    As with any legal matter where you may represent yourself it really comes down to you.

    If you feel up to it; have your research done, your papers in orders, and can stand before a judge and calmly and logically argue your case, by all means do so.

    My personal experience in family court is that I didn't need one and that the opposing solicitor turned out to be a Muppet that I even had to politely correct in court, much to the amusement of the judge. But really it depends on you, how confident and competent you are and the particulars of your case.


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    #12
    zeffabelli
    Closed Accounts Posts: 2,516 ✭✭✭zeffabelli


    I know everyone advocates for these commissioner for oath pieces of paper, but it seems precariously amateurish that there is no step 2 registration process where new originals can be ordered if the documents get lost, stolen or damaged.

    Believe it or not there are civil servants in various offices that will have no idea what you are talking about and will want the court order.

    So I dunno.... Even though people say these forms will do the court order seems more undebatable on a bureaucratic level. Plus internationally no one will know what in gods name this is and just ignore it... Not sure if that's an issue for you but just in case.


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