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Legal Guardian - Issues

  • 23-08-2017 9:04am
    #1
    omagh776
    Registered Users, Registered Users 2 Posts: 27 ✭


    Hi,

    Bit of a complicated one.
    I was married for a number of years in another EU country (We are both Irish), we were living there for over 5 years so had residence, the marriage was conducted in Ireland, we traveled to Ireland for it.

    We applied for divorce, she had met a new partner, the divorce was granted but 2 weeks before the divorce was granted she had a child with her new partner.

    We still have to finalise items in the divorce agreement and put the property up for sale etc.

    She has applied in the Court in that country to take my name off the Birth Certificate (The child was born in that country)

    However the child cannot take a Passport in that country because the Biological Father is not the Legal Father of the Child and the rules require at least one parent to be a citizen of that country for Citizenship.

    She wants to apply for an Irish Passport for the child, but the Passport form requires both Legal Guardians to sign for the Passport.

    Now she wants me to sign the Irish Passport application form as my name is on the Birth Certificate until its resolved in the EU country where the child was born, she wants to travel in the immediate future and that process will take some months.

    My concern is that if I did sign this form it would create legal problems since I would be declaring I am the Legal Guardian of the child for the purposes of an Irish passport.

    Would appreciate some advice, I understand its the Internet but I'm trying to get as much input as possible.

    Is there another option for her to pursue without requiring me to sign anything with regards to her and her new partners child ?

    I don't want to prevent them from travelling with their child but I don't want to put myself in any further legal issues either.


Comments

  • #2
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    I think you're right in not signing the application until the birth certificate issue is sorted out.

    Signing the passport application won't "declare" you a legal guardian - your name on the birth certificate has already done that.

    For you to sign the form for the sake of an easy life I think would be folly. This is not your circus and not your monkeys. Your ex-wife can make a court application to dispense with the requirement for a second signature on the child's passport application, and this is what she should do.

    http://www.courts.ie/Courts.ie/Library3.nsf/PageCurrent/EE816A31E1F0A82B80257FB5004FB410?opendocument&l=en


  • #3
    omagh776
    Registered Users, Registered Users 2 Posts: 27 ✭omagh776


    seamus wrote: »
    I think you're right in not signing the application until the birth certificate issue is sorted out.

    Signing the passport application won't "declare" you a legal guardian - your name on the birth certificate has already done that.

    For you to sign the form for the sake of an easy life I think would be folly. This is not your circus and not your monkeys. Your ex-wife can make a court application to dispense with the requirement for a second signature on the child's passport application, and this is what she should do.

    Yeah makes sense, whatever would be done has to be 'undone' after the Birth Certificate is sorted out and that could be further problems.


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