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Idea of my rights

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  • 31-12-2018 3:30pm
    #1
    paloaders
    Registered Users Posts: 10 ✭


    hi folks,

    Could anyone give me any advice on where to go to find out my rights wrt to the location of where myself and my child live? I'm an unmarried single mother. I cohabitted with my childs father until just over one year ago and since then I've been living alone and without trying to be being over dramatic I am essentially the sole carer for my child, his father taking him once every couple of weeks for a night. My ex told me that I wasn't allowed to move the child further than 100 miles away. Would anyone know if this is true? Also if anyone has any helpful links wrt to legal aid in the Galway region I would be very grateful.

    Thanks...
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    #2
    Xterminator
    Registered Users Posts: 4,738 ✭✭✭Xterminator


    Hi Op

    it sounds likely that due to cohabiting the father is a legal guardian of the child. note guardian and custody have different legal meanings, clearly you have custody.

    A father who lives (cohabits) with the child’s mother for at least 12 consecutive months including not less than 3 months after the child’s birth, will automatically be the guardian of his child. The three months period does not have to take place directly after the birth of the child. It can be fulfilled any time before the child turns 18 provided that it is part of the 12 consecutive months during which the parents have lived together. The cohabitation period can only be calculated going forward from the commencement date of the Children and Family Relationships Act 2015. This means that guardianship will only be acquired automatically where parents live together for at least 12 months after the 18th of January 2016.

    here is a good article that explores the law.

    https://www.irishexaminer.com/breakingnews/lifestyle/features/five-things-you-should-know-about-your-parental-rights-after-divorce-or-separation-884277.html

    basically you need the fathers permission (assuming he has guardian status) for internal relocation away from him, or you will have to go to court to get a Specific Issue Order to gain the court’s permission to move. Mediation service might help, but you can understand that removing the child 100+ miles as suggested would create a large barrier to the child's relationship with the father & you would have to persuade the father, or the court this is in your child's best interest.

    all of this requires good legal advice, so check out https://www.legalaidboard.ie/en/our-services/legal-aid-services/ - they do mediation servces too.


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