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Joint Guardianship

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  • 07-01-2015 9:41pm
    #1
    Registered Users Posts: 10


    Hi , me and my ex partner split up a few years ago and have a son , I'm am not been given any voice in his life, if I bring something up say about his health or education , I'm told I won't see him again if I keep it up , is joint guardianship worth going through with , my ex won't even look at the paperwork , yet if she leaves the country with my son I can't do nothing , if she died it would be her family that take him and if she had another man in her life he could adopt him , joint guardianship stops this , but I'm being made pay through my son for trying to put in place .

    Has anyone experience with this?


Comments

  • Closed Accounts Posts: 12,807 ✭✭✭✭Orion


    You can apply for guardianship through the courts if she won't sign the form. The judge will grant it unless there are overriding reasons not to. However, although it technically gives you rights to stop her taking him abroad, say in education etc in practice you get none of that.


  • Administrators Posts: 13,801 Admin ✭✭✭✭✭Big Bag of Chips


    Your son cannot be adopted without your consent. You are in his life. Your permission will be asked, you can say no. The child will not be adopted against your wishes unless it is deemed in the best interests of your child to remove your parental rights.

    Is you ex likely to abscond and move to another country? Has she family abroad? Sort out your guardianship through court and you can fight the big things.. If she absconds for example. If you would object to her bringing the child out if the country on holiday when there is no risk of her not returning, then that would be petty.

    You can contact the school and ask to be included in correspondence, school reports etc. But pick your battles. Fighting over the little less important things just takes time and energy and leads to bad relationships for everyone. Fight the big important things.. Your right to guardianship and your right to stop your child being permanently removed from the country.

    Talk to someone in family law, because you seem a bit confused and panicked about where you stand.


  • Closed Accounts Posts: 20,297 ✭✭✭✭Jawgap


    You can apply for and you will in all likelihood get joint guardianship - in practice it will give you a veto over 'big' issues like removing him from the country (even getting a passport) without your express consent.

    As for the everyday things, despite what the legal papers might say and despite any parenting plan you might have, the parent who is the primary carer can still frustrate, exclude and ignore you - and the courts will not interfere.

    Despite all that, I'd say go for it, but don't press your rights when you get it unless you are absolutely sure you are doing it for the child's welfare - as the previous poster said - pick your battles very carefully.

    Further down the line, the fact you went and got joint custody will serve as a tangible example to your kid that you were doing your best to be involved in their life.

    Good luck.


  • Registered Users Posts: 2,533 ✭✭✭A2LUE42


    Jawgap wrote: »
    You can apply for and you will in all likelihood get joint guardianship - in practice it will give you a veto over 'big' issues like removing him from the country (even getting a passport) without your express consent.

    As for the everyday things, despite what the legal papers might say and despite any parenting plan you might have, the parent who is the primary carer can still frustrate, exclude and ignore you - and the courts will not interfere.

    Despite all that, I'd say go for it, but don't press your rights when you get it unless you are absolutely sure you are doing it for the child's welfare - as the previous poster said - pick your battles very carefully.

    Further down the line, the fact you went and got joint custody will serve as a tangible example to your kid that you were doing your best to be involved in their life.

    Good luck.

    Would agree 100% with this.

    Paperwork wise it is pretty straightforward to apply too.


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