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Guardianship

  • 29-08-2011 12:05pm
    #1
    cadete
    Registered Users, Registered Users 2 Posts: 1,774 ✭✭✭


    I have thd this document signed by childs mother, does it have to be lodged inn court or do i just keep it?
    thanks so much
    http://irishbarrister.com/guardian.html


Comments

  • #2
    Funkfield
    Registered Users, Registered Users 2 Posts: 1,602 ✭✭✭Funkfield


    cadete wrote: »
    I have thd this document signed by childs mother, does it have to be lodged inn court or do i just keep it?
    thanks so much
    http://irishbarrister.com/guardian.html

    Was the signing witnessed?

    You just need to keep the document safe. There is no place for storing these on file as it were.


  • #3
    cadete
    Registered Users, Registered Users 2 Posts: 1,774 ✭✭✭cadete


    yes it was witnessed by a commissioner of oaths solicitor says its not worth the paper its written on. advise is much appreciated


  • #4
    Funkfield
    Registered Users, Registered Users 2 Posts: 1,602 ✭✭✭Funkfield


    cadete wrote: »
    yes it was witnessed by a commissioner of oaths solicitor says its not worth the paper its written on. advise is much appreciated

    Now I don't know about that.

    All I can say is that I am much happier now that I have the Guardianship Papers. The Irish laws regarding the rights of the father are unbelievable.


  • #5
    James Jones
    Registered Users, Registered Users 2 Posts: 534 ✭✭✭James Jones


    cadete wrote: »
    yes it was witnessed by a commissioner of oaths solicitor says its not worth the paper its written on. advise is much appreciated

    You should make a number of copies and leave one with your solicitor, have one placed in your file if you have been to Court and leave a couple with responsible friends or relatives, as there is no central register. That means if it is lost, it can be claimed that it never existed.

    Realistically, it's not worth the paper it's written on. Guardianship gives a father equal rights to the mother in relation to the decisions that have to be made for the child. However, if the mother decides to do something on her own, ie enroll the child in a school against your wishes, have any medical procedure carried out without your consent or do literally anything that requires parental consent, her sole consent will generally be accepted.

    The only positive thing about having a Statutory Declaration that you are a Legal Guardian is that it prevents the mother from leaving the country with the child. It also reflects that the mother believes that you should be involved in the decisions but, if she doesn't accept your views, she can do her own thing anyway.

    Have a look at these Equality Tribunal cases HERE that had to be taken by MARRIED fathers, who are Guardians automatically and supposedly protected by the Constitution.


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