Legal advice: Can my ex really stop me seeing my son?
The Children and Family Relationships Act 2015 allows relatives to make an application for custody of a child.
Dear Reader,Â
I am sorry to hear this; this must be very upsetting and distressing for you. Applications for guardianship, custody and access can be made to the District Court pursuant to the Guardianship of Infants Act 1964.
The Children and Family Relationships Act 2015 allows relatives to make an application for custody of a child. The 2015 Act provides that the court may impose such conditions as it considers to be necessary in the best interest of the child.
The Act of 2015 also provides additional powers and allows the court to impose conditions as it considers necessary, including conditions in relation to the holding of the child’s passport and whether the passport be held by the court or a specified person.
The term 'access' refers to the right of a child to maintain direct contact with the parent with whom the child does not reside. It can include the child staying overnight at the parent with whom the child does not reside or on alternative weekends or during school holidays or going on holidays together, etc.
It is always best that the parents would agree the arrangements for custody and access to the child informally between themselves. In the event an agreement cannot be reached between the parents, you can make an application to the court to decide which parent will have custody of the child and what access the non-custodian parent will have.
The 2015 Act also allows for enforcement orders to be made by the court, which can be applied for if a parent or guardian has been unreasonably denied a court order custody or access by another guardian or parent.
Courts can make an enforcement order when it is satisfied that the applicant was unreasonably denied custody or access by the other parent or guardian and that it would be in the best interest of the child that an order be made. The court also has the power to refuse to make an order if it is of the view that a denial of custody or access was reasonable in the circumstances of the case.
You have not mentioned how long you and your ex-partner lived together. Under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, it is now possible for a person who claims to have been in an intimate cohabiting relationship with a partner to make an application to the court for financial provision.Â
A claim can be made where cohabitants have lived together in an intimate committed relationship for a period of two years where they share a child and on finding that an applicant is a qualified cohabitant the court is empowered to make proper provision and has the power to make various orders, for example, property adjustment orders or they can direct that a property be sold.
The person applying to the court must be financially dependent on the other person. Section 173 of the 2010 Act allows for cohabitants, in the event of a relationship ending, to apply to the courts for various financial reliefs including property adjustment orders, pension adjustment orders, and compensatory maintenance orders.
Cohabiting couples do not have automatic rights, the court will decide each case based on its own circumstances and merits.
Email: Â info@walshandpartners.ieÂ
- While every effort is taken to ensure the accuracy of the information contained in this article, Walsh & Partners does not accept responsibility for errors or omissions howsoever arising. Readers should seek legal advice in relation to their particular circumstances at the earliest opportunity.
