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revoke guardianship advice please

  • 30-11-2022 5:42pm
    Registered Users Posts: 11

    Hi All,

    I have 2 kids from a previous relationship, I am now happily married with 2 kids, all living together. My husband has been raising my 2 kids since my youngest was 1.5 & my eldset was 3.5. However, we have had ongoing legal battles on access. Over the years, there has been significant concerns that I have shared with the court but because their biological dad is a guardian I get very little acknowledgment over the concerns. To name a few, he has left my 6 year old son in the car while he;s out in the bookies for hours, he has called my son an f* prick & my daughter a b**, a few years ago the school reported to Tusla over pornography access that my son was talking about with his friends on his ipad, this was down at his dads (I called Tuslas and told them I would co-operate & that I don't even own ipads) in our court order, there is an agreement that living conditions need to be adhered to, giving my daughter and my son (now 13 and 11) their own space. I found out this never happened and my 11 year old son sleeps in his dads bed. In his room where my duaghter has found dvd's with naked women on them ... additionally the house is hugely unsanitay, my duaghter told me last week that there was a mouse in the bedroom due to the amount of food left. He lives with his very elderly parents and my son is left off in a room playing his Xbox coming home moody and beyond overstimulated. Not to mention, he is constantly at them to not call my husband 'dad' and that he's their dad. He refuses to pay ANY fees, has never paid creche, school, uniform, medical, - nothing. He's supposed to pay 100 a week but pays 50 maintenance. I had to get my son counseling last year because twice he told his teacher he wanted to kill himself, my son had to get the signature because me asking him would be a battle.

    My husband literally is the father in their life that does absolutely everything for them and he has 0 rights. Not only that, if something were to ever happen to me - my kids would be split up. The above is only the tip of the ice-berg in terms of what has happened and the affect it has on my kids. I am just wondering, what chance do I have to get my husband appointed as guardian and dissolve their dad's legal rights. I would still expect them to have some contact, because they love their grandparents in particular . I am also unsure if I would need a barrister for this or would my solicitor be enough to support?

    Any guidance would be very much appreciated.


  • Registered Users Posts: 474 ✭✭feelings

    A friend of my mine was in court recently as his ex was trying to get her new husband appointed as a guardian. Thrown out of court, the judge was having none of it.

    Talk to a good family law solicitor.

  • Registered Users Posts: 248 ✭✭Steviesol

    There is some form of guardianship your husband can apply for, it is reduced and not the full rights. I do not know much about it. But, when the child is 16 they can apply to the high court themselves for revoking guardianship. Not much help to you now I know. Best of luck