Guardianship, Custody and Access

We understand that difficult issues can arise in the context of a relationship breakdown around Guardianship, Custody and Access of children. The best interests of the child must always be considered and promoted in the context of relationship breakdown. We can assist with applications to the District, Circuit or High Court in respect of these issues where appropriate. We will always try to assist you to reach an agreement in relation to matters relating to children prior to advising you to issue a Court application.

Non-Parent Guardians

The Children and Family Relationships Act 2015 makes provision for non-parents who have been the primary carer for a child for a period of time to apply to become a Guardian of the child. Step-parents, members of a same-sex couple and grandparents are within the categories of people who can now be appointed as a Guardian.

Mulligan Solicitors are available to assist in bringing an application to Court where appropriate to have a Guardian appointed under the Act. Contact us today if you feel your guardianship and/or custody rights are being infringed.

Unmarried Fathers

Unfortunately the case of guardianship is tethered within our legal system and must follow certain requirements. Parents can’t always assume they have the rights of a guardian, even of their own child. Being married means you are automatically a guardian of your child/children from the date of their birth. If not then you are not automatically guardian but have the grounds to seek guardianship or custody over your children.

If you are not automatically a guardian of your child – you and your child’s mother should sign a Declaration of Guardianship to give you Guardianship rights. If your child’s mother does not agree to sign a Declaration of guardianship you can apply to the court to be appointed a Guardian.

There are other stipulations that may automatically give you guardianship rights such as living together for a period of 12 months consecutively with your partner. Living with your child’s mother for at least 3 months following your child’s birth may also give you guardianship rights.

Contact us today if you require advice or assistance in seeking legal guardianship and/or custody rights. Mulligan Solicitors will always put the best interests of the child first when it comes to guardianship or custody disputes. You can request a consultation or give us a call on 01 637 3946.