IRELAND: Protection of children should be ensured when marriage or relationship breaks down!!

Indians Daily 📧: newsindiansdaily@gmail.com September 13, 2022 0

Dublin: The breakdown of a marriage or relationship can be a difficult and traumatic process, particularly where children are involved. It changes the family structure and can reduce the daily presence and availability of one parent. It is important to support your children’s well-being and rights throughout the process, to help them adjust to the separation or divorce.

Some children will need extra support to deal with the emotional impact of the change and sense of loss. Parents and children dealing with relationship breakdown can get support in Ireland from:

If you have decided to separate or divorce and children are involved, you will need to consider certain issues such as guardianship, custody, access and child maintenance.

Guardianship

Guardianship is where parents have the legal responsibility to make decisions on behalf of their child and perform duties in relation to their child's upbringing. Married parents are automatically joint guardians of their children. Neither separation nor divorce changes this.

However, a father who is not married to the mother of his child does not have automatic guardianship rights in relation to that child. You can read more about the guardianship status of fathers. the guardianship status of fathers.

Custody

Custody refers to the day-to-day care, residency and upbringing of children who are regarded as dependent children. In custody matters, dependent children are children who are under the age of 18. In cases of judicial separation or divorce, one parent is usually granted custody. The children live permanently with the parent who has custody and the other parent is granted access to the children at agreed times (which can include overnight access). Read more about access below.

It is possible for parents to continue having joint custody of their children after separation or divorce and for the children to spend an equal amount of time with each parent, if the parents can agree and arrange this.

Access

Access refers to your child's right to have direct contact with the parent they do not live with. It can include the child staying overnight either occasionally, on alternate weekends or during school holidays. It can also include the parent and child going on holidays together.

The parents may informally agree between themselves the arrangements for custody and access to the child.

If an agreement cannot be reached, either parent may apply to the court to decide which parent will have custody of the child and what access the non-custodial parent will have. You can make an application to the District Court, or can apply for judicial separation or divorce in the Circuit Court.

In an application for custody or access, the child’s welfare is the most important factor the court will consider. Your child has a right to see both parents, and access by the non-custodial parent will only be denied if the court believes it is not in the best interest of the child. The court can set out the time, place and duration of access visits. The court can also order supervised access where another adult is present during visits, if it considers it appropriate.

If you want to get an access order, you can go to your local District Court and get the Court Clerk to issue an application for access, which will be served on the other spouse. You are advised to get legal advice and representation for this process.

Child maintenance

There is a legal responsibility on parents, whether married or unmarried, to maintain dependent children in accordance with their means. A dependent child is a child who is under the age of 18, or 23 if they are in full-time education. Maintenance can be paid periodically (for example, weekly, fortnightly or monthly) or in a lump sum. Paying maintenance does not give a parent access or guardianship rights.

Child maintenance can be a private arrangement between you and the other parent, or if you can't come to an agreement, either person can apply to the court for a maintenance order.

You can bring an application for maintenance either in the District Court or Circuit Court (or, in exceptional cases, in the High Court).