GUARDIANSHIP - FATHERS RIGHTS

I attended the District Court recently on behalf of my client, an unmarried father of one, who was applying for Guardianship and Access. As with all District Court applications the court always advises applicants and respondents to try and come to some agreement. However, sometimes this is not always possible and despite our best endeavours I often have to tell my clients that it is not in their best interests to agree something just for the sake of it.

In this particular case, the mother was willing to “offer” guardianship on the condition that my client agreed to a reduced weekly access. My client was fearful that a judge might refuse him Guardianship because the mother did not consent. The judge however took a very dim view of the respondents (mother's) approach to guardianship and highlighted to her that “Guardianship is not a possession, owned by a mother which can be offered or refused at her discretion”. The judge went further to say that one cannot be used to offset the other. Fortunately, the judge granted my client Guardianship but also Access as proposed by us!

The term guardianship refers to the rights and duties of parents in respect of their children. These rights and duties cannot be bought and sold, owned or traded off. Married parents are automatically guardians of their children. Unmarried mothers are automatically guardians of their children but unmarried fathers must apply.

If you need assistance making an application for guardianship for your child or grandchild please feel free to contact me at laura@brophysolcitors.ie

Laura Gillen

Brophy Solicitors