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Custody - Child’s choice?

  • 17-08-2018 5:49pm
    #1
    Registered Users, Registered Users 2 Posts: 8


    Hi all, my 10 year old son has decided he no longer wishes to see his father (guardian). At what age will the courts take into account his right to decide? They have never had a healthy relationship so I knew this would happen at some point, just concerned it has happened so soon....


Comments

  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    There is no specific age, rather the courts must have regard to "the age and maturity of the child", however the court must decide based on the child's welfare above all else, it is also worth noting that the court must also consider the views of both parties (but is not bound by them).


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Title amended for clarity


  • Registered Users, Registered Users 2 Posts: 351 ✭✭randomrb


    There would have to be significant reasons for a child to not want to see their parent. The court is very reluctant to restrict access to a parent of such a young child unless there were serious issues.

    If the access is causing them serious mental or physical distress a report from a child pshycologist would usually be required


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