Have I a right to see child

Maddie2k18

My brother died 12 years ago and he had a 11 months child now she is 12, and the mother of the child never lets me see the child on my own or any of the rest of my family. The mother of the child keeps ignoring my Texts Has she the right to stop me to see my niece any time I want.

Jim_Hodge

Aunts or uncles do not have any legal right to see a niece or nephew.

Del2005

Unmarried father's can even struggle to get to see their children. The Father's family are completely reliant on the Mother allowing access.

Maddie2k18

what about the grandparents have they got legal rights

Jim_Hodge

The legal position is that grandparents have not automatic right to see their grandchildren. The only right they have currently is the right to apply for access. 

Ezeoul

https://www.boards.ie/discussion/comment/121048874#Comment_121048874

Grandparents have no legal rights.

In order to apply for access, they first have make a submission to the court on why they should be allowed to apply for access.

From Treoir.ie Information for Grandparents - "Being There For Them" - Page 16 (Opens as PDF)

Obtaining access for grandparents is a two-tiered process.

The first application is applying for leave to apply for access which is basically asking for the court’s permission to apply for access.

The Court, in arriving at the decision at this stage, must always have regard to:

• your connection with the child
• the wishes of the child’s guardian(s)
• the risk if any, of the application disrupting the child’s life to the extent that the child would be harmed by the access

If you are successful at this first stage then you can make the second application to the District Court for the access itself. The second application can follow on immediately after the first application. 

However, its rare for a Court to disregard the wishes of the child's guardian(s).

Ezeoul

Just noticed you have two threads here on this.

You can ask the mods to merge them.