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| How do I become a Guardian? |
How can I apply for Custody |
How do I obtain Access? |
Maintenance Who pays? |
Question about Parentage? |
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Rights of the natural father: DefinitionLegislation governing this area states that the married father and mother of a child shall be guardians of the child jointly. However, this definition excludes the natural father of a child where the parents are unmarried, a natural father can apply to be appointed a guardian, seek custody, access and regulate maintenance by way of application to the District or Circuit Court. |
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ISSUES ARISING IN RELATION TO CUSTODYIf a dispute arises between the natural parents relating to the rearing of the child the issue can be clarified by way of an application to the District Court under Section 11(1) of the 1964 Guardianship of Infants Act. One must apply to the District Court office for a Summons under this section and a hearing date will then be set to have the matter heard before the District Court Judge. |
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ISSUES ARISING IN RELATION TO ACCESSIf a dispute arises between the natural parents relating to the access of the child or children the issue can be clarified by way of an application to the District Court. One must apply to the District Court office for a summons and a hearing date will then be set to have the matter heard before the District Court Judge. |
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MAINTENANCEIf you require maintenance from your spouse or partner for your child or children, you can attend at the District Family Law Court Office and request a maintenance summons to be issued against the parent of your child/children. If you are married you can apply for maintenance for yourself and your children, if you are unmarried you can only apply for maintenance for your children. A maintenance summons will issue from the District Court Family Law Office which will have a court date into the future when both parents will be required to attend in order for the Court to make appropriate maintenance orders. If you receive a summons but do not attend the Court hearing the Court may make orders in your absence. The District Court can make orders up to €500 per week per spouse and €150 per week per child, the Circuit court can also grant orders and has unlimited jurisdiction. The orders of the District and the Circuit court can be amended only by order of the Court if there is a change in circumstances of the parties. One can appeal an access order of the District Court to the Circuit Family Law Court, the appeal must be lodged in the appeals office within 14 days of the date of the original District Court Order. The time within which to appeal can be extended on application to the District Family Law Court. If you would like more information in regard to this matter please contact the legal team at Paul W Tracey Solicitors. |
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Maintenance how much will I have to pay?This is a common query that we have from clients at Paul W Tracey Solicitors in regard to how much one requires for support for themselves and the children or how much will one have to pay. There is no exact science in the calculation of the amount and in general it is a balance between what one can afford to pay vis a vis what one needs for the support of themselves and the children. The Courts will require that financial disclosure is made by both parties in regard to their current means in order to determine the amount of maintenance to be paid. |
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PARENTAGEIf you have doubts as to whether you are a father of a child or if the father of a child denies that he is the father you may seek an order from the Circuit Court requesting that a DNA samples be taken in order to determine the issue. If you would like more information in regard to this matter please contact the legal team at Paul W Tracey Solicitors. |
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