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Childrens Passport

  • 10-02-2014 12:38am
    #1
    sandbagman
    Registered Users Posts: 1 ✭


    Hi,
    I am new to this forum but I have recently moved backed to Ireland with my child after a long custodial battle which I won against my partner(we were not married). My child has a passport from another EU country which I have no problem with, but I want an Irish passport as I'm a paddy myself. I have all the court papers which the mother lost all parental rights and I am the sole custodian. Too my horror I found that this was not recognised in Ireland by the Dept of Foreign affairs so I went to my local district court pleaded my case to the Judge and he granted me an order that my child was entitled to an Irish passport. Back to to Dept of Foreign Affairs I went witht the court order but they threw it out and now I am in limbo as the district court judge is fuming that they refused the order but he can do no more.
    I know this is a very very long shot but has anyone here ever encountered something like this in our banana republic which is signed up to the Hague convention on paper. Is there a legal eagle out there who has a gripe with the dept of foreign affairs as I was quoted 35,000 euro to take a case to the European court and unfortunately I cannot afford it.


Comments

  • #2
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    You find your local T.D. and hound him/her to help you. Elections coming up shortly so they should be willing to help.


  • #3
    desbrook
    Registered Users, Registered Users 2 Posts: 1,847 ✭✭✭desbrook


    Sorry for my ignorance but why is it so important that the child has an Irish passport??


  • #4
    [Deleted User]
    Posts: 18,749 ✭✭✭✭ [Deleted User]


    Surely you can just apply for an Irish passport for your child.
    Fill out the application form, fill out the fathers section ( I think you're a man? ) then go to a peace commissioner and swear an affidavit that you are the child's only legal guardian.

    Single mothers that don't have the fathers around do this all the time.


  • #5
    clairefontaine
    Closed Accounts Posts: 4,390 ✭✭✭clairefontaine


    bubblypop wrote: »
    Surely you can just apply for an Irish passport for your child.
    Fill out the application form, fill out the fathers section ( I think you're a man? ) then go to a peace commissioner and swear an affidavit that you are the child's only legal guardian.

    Single mothers that don't have the fathers around do this all the time.

    Single mothers can do this if they have an affadavit of sole guardianship. They are easy to get from a commissioner of oaths.

    However, when you have an Irish citizen born abroad, getting a passport is a slightly different matter. Parents must submit their own birth certs also and submit proofs of identity, even if the citizenship is obtained through the bloodline of the parent who holds the custody.

    Ireland, like most Hague convention countries are obliged in most circumstances to respect foreign courts also signed up to the Hague convention.

    Having moved back to Ireland, the child's residency has changed. OP did you get the affadavit of sole guardianship?


  • #6
    RoseBlossom
    Registered Users, Registered Users 2 Posts: 156 ✭✭RoseBlossom


    sandbagman wrote: »
    Hi,
    I am new to this forum but I have recently moved backed to Ireland with my child after a long custodial battle which I won against my partner(we were not married). My child has a passport from another EU country which I have no problem with, but I want an Irish passport as I'm a paddy myself. I have all the court papers which the mother lost all parental rights and I am the sole custodian. Too my horror I found that this was not recognised in Ireland by the Dept of Foreign affairs so I went to my local district court pleaded my case to the Judge and he granted me an order that my child was entitled to an Irish passport. Back to to Dept of Foreign Affairs I went witht the court order but they threw it out and now I am in limbo as the district court judge is fuming that they refused the order but he can do no more.
    I know this is a very very long shot but has anyone here ever encountered something like this in our banana republic which is signed up to the Hague convention on paper. Is there a legal eagle out there who has a gripe with the dept of foreign affairs as I was quoted 35,000 euro to take a case to the European court and unfortunately I cannot afford it.

    What exactly did the court order say? Was it just asserting the child was an Irish citizen and entitled to a passport?

    What you need is:
    a) to secure guardianship under Irish law (not automatic if you are not married to the mother)
    b) get the mother's guardianship dispensed with (under Irish law) (I think this can even be specified to be just for passports etc.)
    c) complete and have witnessed a sole guardian affidavit
    d) submit the rest of the application form etc.

    Maybe the situation is more complicated than it seems, but from what you have said there doesn't seem to be any reason you should need to go beyond the above. There are cases where one parent (guardian) disappears and is uncontactable (e.g. working abroad / doesn't want to be involved / new life etc.) and the above is what the other parent (guardian) would need to do.


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