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Grandparents rights if any?

  • 18-11-2014 10:55am
    #1
    Registered Users, Registered Users 2 Posts: 609 ✭✭✭


    My brother's son is living with his partner. Last year they had a baby girl and my brother and his wife have been proud and caring grandparents.
    Sadly, the relationship between his son and partner is breaking down to the point where the son has moved out.
    If the situation goes legal and argumentative, do grandparents have any legal right to see their grandchild, bearing in mind that the couple weren't marrried?
    It seems unfair that the grandparents have done nothing wrong, but can possibly be denied access to their grandchild?
    My brother is equally concerned that his son may not have access to his daughter.
    Where would be the best place to seek advice on the whole sad situation....there must be people out there who have been down this road?


Comments

  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    A solicitor. That's the only way, especially as the parents aren't married...


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


    This will get you started.
    http://www.citizensinformation.ie/en/birth_family_relationships/cohabiting_couples/access_to_children_and_unmarried_couples.html

    Grandparents
    Under Section 9 of the Children Act 1997 a relative, such as a grandparent, can apply to the District Court for permission to apply for access.


  • Registered Users, Registered Users 2 Posts: 26,987 ✭✭✭✭Peregrinus


    Note, however, that the courts aren't going to deal with such a claim in terms of the grandparents rights, but in terms of what is in the best interests of the child.


  • Registered Users, Registered Users 2 Posts: 53 ✭✭JBG2011


    You should see a solicitor but be aware that there is rarely a happy outcome which satisfies all parties in these cases.

    In practice I don't think I've ever seen grandparents being granted formal access rights by a District Court, at least not solely in their own names. The grandparents don't have formal rights as such, the test is what is in the best interests of the child and unfortunately grandparents come low down on the pecking order when that test is applied by the judge. Usually the grandparents tend to see the child through the child's parent, when the estranged parent receives access rights.


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