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Father on Birth Cert, but not Legal Guardian.

  • 28-11-2014 06:28PM
    #1
    Allyall
    Registered Users, Registered Users 2 Posts: 10,381 ✭✭✭✭


    Hi,

    I hope this is the correct place to ask about this.
    I'll try and make it as short as possible..
    A friend of mine has a child with an Australian Woman, they met over there, but are living together here for roughly 10 years, with their child for ~ 7.
    She has a drug problem, and has been to therapy/care house.
    She has gone to back to Australia 3 or 4 times this year and has robbed money to do get there at least one of the times. It was pretty clear that she was with somebody over there, but it seems that they have since broken up.
    She is back on the drugs and is suspected of having an affair with another guy over here.
    At this stage, my friend doesn't care who/what she does, but he does want to keep his child safe.
    He knows she has never signed the correct papers to make him legal guardian (apologies if that is not the correct term), and he is pretty sure that she is aware of this too.
    He has been living in fear for the past two years that she would bring their child with her back to Australia, and he wouldn't be able to stop her.
    Now, if this current affair ends badly, he's afraid what she might do. She may just up sticks and grab their child and leave, and there's not a thing he can do about it. Or is there?

    Any help would be amazing, as I have seen him have two heart attacks (mild) and go grey over this. The crazy thing is, he is probably the most laid back person I know, so it's hard to imagine exactly what is going on with him. But it is causing stress for everybody in his family also.

    Paying her off isn't an option (At least I don't think so.)
    Is there any way that he can be legally appointed as the childs Father/Legal Guardian, without her having to sign something?
    As far as I'm aware, he is named on the birth certificate.


Comments

  • #2
    NuMarvel
    Registered Users, Registered Users 2 Posts: 3,279 ✭✭✭NuMarvel


    I'm assuming the mother and father aren't married, in which case his two options are:

    1) Both parents signing a statutory declaration, which doesn't look like a possibility here, or
    2) He applies to court for guardianship.

    Being named on the birth certificate doesn't grant any automatic rights for unmarried fathers.

    There's more information on the Treoir website, which is an information service for unmarried parents.


  • #3
    Allyall
    Registered Users, Registered Users 2 Posts: 10,381 ✭✭✭✭Allyall


    NuMarvel wrote: »
    I'm assuming the mother and father aren't married, in which case his two options are:

    1) Both parents signing a statutory declaration, which doesn't look like a possibility here, or
    2) He applies to court for guardianship.

    Being named on the birth certificate doesn't grant any automatic rights for unmarried fathers.

    There's more information on the Treoir website, which is an information service for unmarried parents.

    No, never married. Engaged though. Although at this stage, I don't think that means anything either (to them).
    I think he's afraid, that if he applies to court, then she will abscond as soon as she finds out. She is definitely the dominant figure in their relationship.
    Thanks for that, I'll have a look and show it to him.


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