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Father’s rights: dependant on child’s age?

  • 03-04-2020 1:06am
    #1
    Posts: 211


    I vaguely recall somebody who was separating tell me that he was fortunate that he initiated separation before his child turned 6 (or some similar age) as it bestowed greater rights on him than doing so after that.

    Could somebody please clarify what the situation is regarding how, if at all, a child’s age could impact a father’s rights or obligations in the event of separation? Thanks.


Comments

  • Moderators, Category Moderators, Music Moderators, Politics Moderators, Society & Culture Moderators Posts: 22,360 CMod ✭✭✭✭Dravokivich


    I was under the impression things were done on the basis of the childs rights. Not either parent.


  • Registered Users, Registered Users 2 Posts: 4,782 ✭✭✭Xterminator


    i think what the OP could mean is that as the child reaches the ability to express their opinion and their preference the court is obliged to take the childs opinion into account. So if the child held a stong opinion or preference the judge would have to give weight to that when making a decision as the the childs best interest is the guiding principle.

    This wouldnt change the 'rights' of either parent per se, but it might appear that way to the parent who is on the wrong end of any decision.
    If there are contentious issues concerning children, you should advise your client
    that the court will, by law, prioritise the best interests of the child. You should
    make sure that your client understands that the best interests of the child should
    be put first

    https://www.lawsociety.ie/globalassets/documents/committees/family/family-law-handbook-2017.pdf


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