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Lossing guardianship

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  • 23-03-2022 11:00am
    #1
    Registered Users Posts: 37


    Im looking for some advice on here if anyone could help. Im in Dolphins House family court later as my ex partner is trying to have my guardianship removed. Im axious as I hate any kind of confrontation etc. I have an axcess order fron when she was 1 year old ( now 12) that she stopped the past 3 years, stating my daughter doesnt want to see me anymore. I have never in her life missed any maintenence. In fact I pay double what the court asked me to. Im just wondering what my chances are as the child in question is not neglected, mistreated etc. I feel like my daughter has been coerced into this as she use to love spending tine with me. If I was a bad father id understand but its totally out of the blue. Would there be a reason for this? Desperate for help. Thanks

    Post edited by Big Bag of Chips on


Comments

  • Registered Users Posts: 457 ✭✭Goodigal


    Couldn't read and not reply. I don't know why your ex won't give you access to your daughter when you sound like you're interested in seeing her, and want to provide for her.

    I hope you get to state your case to the judge, and maybe get to hear why you're not seeing your daughter from the other side. But it might not be what you want to hear. And you might need to be prepared for that. Really hope you're ok and you get to ask the right questions.



  • Administrators Posts: 13,797 Admin ✭✭✭✭✭Big Bag of Chips


    I've moved your thread to the Parenting Forum @Paddy_Mski. You might get better answers from posters here. There is also a Separation and Divorce Forum, which might also be able to help.



  • Posts: 0 [Deleted User]


    Hi Paddy,

    Your child's other parent would need to have some very serious grounds to remove your guardianship. It's very unlikely this would happen unless there are serious concerns around the welfare of the child when in your care.

    Having said that, your daughter hasn't been in your care for 3 years - so you'll need to explain that, and what attempts your have made to enforce access to your daughter during that time.

    My guess (and it is only a guess) is that the mother is going to claim that her reason for requesting your guardianship be removed is that you have no interest in the child (even though you pay maintenance) and your guardianship rights are impinging on her ability to make decisions on behalf of the child where the consent of both guardians is required.

    So you're going to have to make a strong case that you have always wanted access, you still want access, but it has been obstructed and denied to you.

    As an aside, paying maintenance does not guarantee you guardianship, or that you will retain your guardianship rights.

    Contact Mens Aid Ireland and Treoir for advice - and if you can't afford a solicitor, make an appointment with a Free Legal Aid Clinic for some legal advice.



  • Registered Users Posts: 1,268 ✭✭✭thefallingman


    Hi Paddy, good advice from Loueze above so i can't add anything there, but just be careful on the day of the case, as i was there and got hounded by my x's solicitor outside trying to cut an underhand deal. I had no representation and felt it very unnerving, luckily the judge agreed as i told them in court, and i have to say i was dealt with very fairly and professionally so good luck with it i hope you get the same.



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