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Joint Custody

  • 05-09-2014 8:49pm
    #1
    rox206
    Closed Accounts Posts: 3 ✭


    Hi,

    I'm just looking for some advice on what exactly joint custody means.
    I have asked my ex for joint custody of our 3-year-old child - which after being advised by her solicitor I would get - she has agreed to.
    We are due to sign off on an agreement we thrashed out a few weeks back in the coming week but recently she told me that she will only be giving me Joint Custody with her having primary care and control of our child.
    My solicitor is on holiday until early next week so can't be contacted until a few days before our court date. So really I am hoping that somebody can tell me if this changes what Joint Custody actually means in relation to my rights and responsibilities to care for my child how I see fit when she is in my care?
    We will be exercising 60-40 time split with my daughter spending three days with me every week. And I already have guardianship, and have always had regular access to my daughter.

    Any advice would be much appreciated.


Comments

  • #2
    desbrook
    Registered Users Posts: 1,847 ✭✭✭desbrook


    In general ( qualification) the Irish social welfare system does not recognise joint custody truly - it pays tax credits, rent allowance, children's allowance, carers grant etc to ONE parent. If you are happy with you financial position by all means have your daughter 3 days - just be sure.


  • #3
    rox206
    Closed Accounts Posts: 3 ✭rox206


    Thanks for the reply.
    I already have her three days and pay full maintenance which I am fine with too, as I always have been. I more concerned as to what this type of custody means re: my rights with regards to my daughter. The money isn't an issue at all here. Does it mean that I don't have equal say when it comes to decision making whilst my daughter is in my care? For instance, can I leave her with my mother if I so wish? Is her care when she is with me up to me if for whatever reason I am not around for a few hours.
    Thanks again.


  • #4
    HelenV
    Registered Users Posts: 139 ✭✭HelenV


    rox206 wrote: »
    Thanks for the reply.
    I already have her three days and pay full maintenance which I am fine with too, as I always have been. I more concerned as to what this type of custody means re: my rights with regards to my daughter. The money isn't an issue at all here. Does it mean that I don't have equal say when it comes to decision making whilst my daughter is in my care? For instance, can I leave her with my mother if I so wish? Is her care when she is with me up to me if for whatever reason I am not around for a few hours.
    Thanks again.

    Once you've got joint guardianship you've got an equal say in all decisions in relation to your daughter. You are entitled to know everything about her on an equal footing with her mother i.e. school reports / medical issues / giving consent to passport etc.

    Custody is a different issue. Will you not have legal representation at the court hearing? Have you signed any Terms of Consent prior to the hearing?


  • #5
    HelenV
    Registered Users Posts: 139 ✭✭HelenV


    Sorry I've just re-read your OP and I see you do have legal representation. The pair of ye seem to have the best interests of the child at heart which is great and neither of ye will be at liberty to do exactly what you like when the child is in your care. For instance if your daughter is with you for a few days you wouldn't be able to take her off on a holiday without the consent of her mother and visa verse,

    What you outline in your OP sounds normal enough and if it doesn't work out you always have the option of going back to court to apply to have the terms amended at a later date.


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