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Custody of children in a murder case?

  • 23-07-2007 03:46PM
    #1
    Closed Accounts Posts: 8,048 ✭✭✭


    Obvious reasons for this thread, I understand the children of the recent high profile case now live with their paternal uncle, and it has been the paternal family that have been the primary carers for the children since the murder of their mother. What recourse, if any, do the maternal side of the family have?


Comments

  • Closed Accounts Posts: 43,044 ✭✭✭✭Nevyn


    First off it will depend on who the parents gave gardianship to in the case they were no long able to look after the children.


  • Closed Accounts Posts: 8,048 ✭✭✭Amazotheamazing


    But does the parent who murdered the other parent still have the right to nominate a carer?


  • Closed Accounts Posts: 43,044 ✭✭✭✭Nevyn


    Depends on if that parent has legal gardianship themselves.
    If they do not then they can not nominate someone else.

    An unmarried man who has childen who is not the childrens legal guardian may not be given the care of his own children if legal gaurdianship was given to a relative of the mother and there for he can not nominate someone else to care fo the children.

    If the father was married to the mother or was given legal gaurdinship then he can nomiate someone else unless he is deemed unfit or those who he placed the care of his children are deemed unfit by social workers and the family courts.

    If the mother of the children before she died detiled in her will who she would nominate to be given care of the children then that would aid in a case being made to give the care of the children to the person nominated by the mother.

    There have been cases where grandparents have sougth out through the courts the right for vistation and to be a part of thier grandchildrens lives and it has been granted for the good of the the children.


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