Access Delegation

Strongbow10

Hypothetically speaking can an unmarried father delegate his child access to his girlfriend?

Can the mother of the child object to allowing pre defined access rights if the unmarried father is not actually present for one of the days?

Say he has access for a Monday and Tuesday (days chosen at his own discretion) but then works Monday, can she disallow his access when he's not there and will be leaving child in care of his girlfriend ?

Purely hypothetical scenario now

Del2005

In Irish law an unmarried father has little to zero rights when it comes to their child if the mother doesn't agree.

Uno my Uno.

Interesting question. I suppose it depends on how the access has come about, it is by agreement or Court Order and what are the terms of that Access? I would expect in either case that the access is personal to the Father and that the mother isn't obliged to provide access to anyone but the Father.

In fact I think this question is a good example of one of the problems with Family disputes. In this scenario the child is being used by the parents as a way to score points against each other. The Father isn't able to avail of his access but he is insisting that the child spend time away from the mother. Likewise the Mother is insisting on her rights to ensure that the Father's access is as limited as possible.

The parents should be taking a child centered approach, rather than arguing about times for access etc they should be trying to ascertain what the child's needs and wishes are and how they can best be met.

Mr. Incognito

I would say no.

Access is for the child to spend time with the father.

If the father is not there the access is invalid.

It would go against the point of the access in the first place.

He is not a car you are renting for a particular time that you can assign. It is a child who should be with either parent and if the parent is not available with the one that is.

Strongbow10

Mr. Incognito wrote: »

I would say no.

Access is for the child to spend time with the father.

If the father is not there the access is invalid.

It would go against the point of the access in the first place.

He is not a car you are renting for a particular time that you can assign. It is a child who should be with either parent and if the parent is not available with the one that is.

Legally though does guardianship not confer an equal right on the father to enforce this access? And then do as he chooses when he has access? Does the mother who is primary carer have a right to withhold? I've heard similar cases to this hypothetical one where the woman's own solicitor advised her she has to release the child even when the father has stated he won't be around for one of the days. Or else she risks being in breach of a very vague agreement. This seems like madness surely?

Mr. Incognito

Strongbow10 wrote: »

Legally though does guardianship not confer an equal right on the father to enforce this access? And then do as he chooses when he has access? Does the mother who is primary carer have a right to withhold? I've heard similar cases to this hypothetical one where the woman's own solicitor advised her she has to release the child even when the father has stated he won't be around for one of the days. Or else she risks being in breach of a very vague agreement. This seems like madness surely?

This may apply to Court ordered access which is not the case here

Strongbow10

Mr. Incognito wrote: »

This may apply to Court ordered access which is not the case here

So if the court ruled on access then the fact the father isn't even there, is irrelevant? Whether he is there or not is his own business and he can leave him with his girlfriend?