![]() ![]() Instead, the court will decide what is in the best interest of the child. While the mother's views are taken into account, the fact that she does not consent to the guardianship application does not automatically mean that the court will refuse the order sought by the father. (This is possible, irrespective of whether your name is on the child's birth certificate or not). Apply directly to the District Court and contact the clerk of the court to institute proceedings. You do not require legal representation to do this, you can make the application on your own behalf. If the mother does not agree to sign the statutory declaration or agree that the father be appointed as joint guardian, the father must apply to the court to be appointed as a joint guardian. On 18 January 2016 certain provisions of the Children and Family Relationships Act 2015 came into effect that made a number of changes to the Guardianship of Infants Act 1964. ![]() Guardianship ends when a child turns 18 unless a guardian dies or is removed before that. ![]() You can apply for guardianship up until a child reaches 18 years of age. (Even though a father's name may be registered on the child's birth certificate, this does not give him any guardianship rights in respect of his child). The rights of parents to guardianship are set down in Section 6 of the Guardianship of Infants Act, 1964.įor children born outside of marriage, only the mother has an automatic right to guardianship. Married parents of a child are joint guardians and have equal rights in relation to the child. If you are a guardian of a child in Ireland, you have a duty to maintain and properly care for the child and you have a right to make decisions about the child's religious and secular education, health requirements and general welfare. ![]()
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