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S16 NFOAP 1997. Abduction of Child by Parent

  • 11-03-2011 8:49am
    #1
    Dylan123
    Registered Users, Registered Users 2 Posts: 244 ✭✭


    I do not understand s 16 (2).
    S 16 (1) is clear in that it states that there must be consent from each parent or legal guardian to remove a child under 16 from the state.

    However s 16 (2) states this does not apply to a parent ... they must be a legal guardian.

    I take it if a couple split up ...the Mum does not require express consent from the father to take the child out of the country if he is not the legal guardian?


Comments

  • #2
    Hogzy
    Registered Users, Registered Users 2 Posts: 7,544 ✭✭✭Hogzy


    Dylan123 wrote: »
    I do not understand s 16 (2).
    S 16 (1) is clear in that it states that there must be consent from each parent or legal guardian to remove a child under 16 from the state.

    However s 16 (2) states this does not apply to a parent ... they must be a legal guardian.

    I take it if a couple split up ...the Mum does not require express consent from the father to take the child out of the country if he is not the legal guardian?

    A married father will be a legal guardian of the child but an unmarried father by default is not a legal guardian and has no rights. If the (married) mother wants to go away she must get the other guardians consent (married father for example). However if they never have been married the mother need not get the fathers consent.


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