Rights of joint guardian + chances of full custody?

manThursday

I am posting this query on both the legal discussion and parenting board as I am desperate for advice from people with knowledge and or experience of the situation I am faced with – any comments or observations on either the legal or emotional aspect would be greatly appreciated (the parenting posting has more emotional details – here I will try to stick to the legal ones).

I separated from my son’s mother some four years ago. We had never been married but lived together for some nine years. She was alcoholic and had been becoming increasingly aggressive and violent. She actually walked out on us, by which time she had already been investigated by social services on several occasions, on each of which she promised faithfully to stop drinking and said promise usually lasted no more than a few days.

My son, (who is now 13 years old) at first lived with me, but due to my having to work, he later lived with her, something I now regret terribly. His mother “let” me see him frequently, in fact he spent far more time with me than with her, but always under the threat that she could send the police round when she wanted because she was the custodian and I had no rights. His mother’s behaviour continued to worsen and I saw a lawyer to claim custody rights. I wanted full custody but the lawyer told me that there was more of a chance of success with joint custody (and I believe she was right – I will certainly use her services again if I have to go back to court – but I would like some “popular” legal wisdom first…). On realising all the hard evidence I could present, my ex partner consented by letter to give me joint custody, which was duly granted. At the time I made it clear that if she did not stop drinking I would go for full custody.

Now, a year after obtaining joint custody, I want to go for that full custody. I believe that although she is drinking far less, her behaviour is posing a serious threat to my son’s physical and mental welfare (frequent life-threatening accidents, highly aggressive and anti-social behaviour, total disrespect for others…), and, paradoxically, since I obtained joint custody he appears to want to spend more time with her (or at least at her home) than with me – mainly because there are zero house rules, except for the fact that person who shouts and screams the loudest wins... appealing to a teenager and terrifying for a concerned father. Until now I had adopted the position that he should never be forced to see me (or her) if he didn’t want to, but the deterioration in his behaviour now makes me think otherwise.

My question is – can I request (aka demand) that his mother undergo tests to gauge her mental state (I always thought I would avoid this at all costs, but the situation is now desperate) in order to obtain full custody? Whatever the outcome I would also like my son to get some kind of therapy (I would be prepared for him to stay with her if she got some kind of treatment...)– could I insist, as legal joint guardian that he does, even if I don't obtain full custody? At the moment my ex refuses to let him do it – and obviously refuses to do so herself. Would I have to prove the need for therapy? Does anybody know how this works from a legal point of view? She also claims that she will say that she signed the joint custody agreement under duress to try to claw back my joint custody rights although that part does not worry me too much because it was done through a reputable lawyer, and there is plenty of documented evidence of her behaviour.

All views welcome.

Thank you.

dermot_sheehan

What you're looking for is an order under s. 11 of the Guardianship of Infants Act 1964 http://www.irishstatutebook.ie/ZZA7Y1964S11.html as amended by the Children Act 1997 http://www.irishstatutebook.ie/1997_40.html .

According to section 11D of the Guardianship of Infants Act, as inserted by section 9 of the Children Act, the court in making an order is to have regard to the best interests of the child http://www.irishstatutebook.ie/ZZA40Y1997S9.html The court can have regard to the child's wishes as per section 25 (inserted by section 11 of the Children Act 1997 http://www.irishstatutebook.ie/ZZA40Y1997S11.html), and as per section 28, the child can be assigned an independent guardian ad litem.

According to section 47 of the Family Law Act 1995 http://www.irishstatutebook.ie/ZZA26Y1995S47.html the court can order that a report be made by a probation officer, officer of a health board, or any other person to assist it in making its decision.

manThursday

Many thanks Gabhain - that's very interesting reading and the sort of thing I couldn't find on my own in a million years - the important thing is that I have in black and white that I CAN at least request it if the worst came to the worst.