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Ireland, 2010: Unmarried father loses custody of his 3 kids

  • 28-04-2010 09:21PM
    #1
    Dionysus
    Registered Users, Registered Users 2 Posts: 3,420 ✭✭✭


    This

    Am I alone in thinking that a huge moral wrong has been done to this man?

    I'm a single guy with no kids but this sort of story scares the shít out of me.

    The guy in question had 3 children with this woman. They had, according to that RTÉ report, an unstable relationship and she claimed she left when he allegedly fell asleep drunk while supposedly caring for the kids. She refused to give him any access to the children and, scarily, had current Irish law on her side when she decided that. That beggars belief. Wrong, so fúcking wrong.

    According to RTÉ, the judge 'described the mother's decision to deprive the father of the opportunity for day to day access to the children as "reprehensible". But he found that the father did not have any 'rights of custody' of the children under the Hague Convention as he never applied to a court to be made a guardian of the children, for reasons which were not explained.'

    Why, in 2010, do unmarried fathers in this state not have equal rights before the law to their children? I think I'd make a really cool Dad and I've seen plenty of women who make fairly shítty parents. Despite this, under both our Constitution and our statutory laws the latter have superior rights because of their sex. That's wrong whichever way you cut it, legal but profoundly unjust.

    Are there any arguments for maintaining the current situation? Are there any arguments *against* giving the father an equal right to the child's upbringing? (obviously some fathers, like some mothers, are incapable of having this responsibility but that is a very, very different thing to the law stating, as it currently does, that the unmarried mother has a greater right to rear the child than has the unmarried father)

    Do you think the law needs to be changed to give unmarried fathers equal rights? 336 votes

    Yes, unmarried fathers and unmarried mothers should have the same right to the child
    0% 0 votes
    No, the current system is adequate
    98% 330 votes
    No, they should not be given equal rights, but their rights should be enhanced.
    1% 6 votes


«1345

Comments

  • #2
    UrbanSea
    Closed Accounts Posts: 18,335 ✭✭✭✭UrbanSea


    Women get the best of everything in the Irish legal system. Kill someone? Community service is harsh for them.


  • #3
    landsleaving
    Registered Users, Registered Users 2 Posts: 4,345 ✭✭✭landsleaving


    Another sexist Irish law. Father's can't raise kids, young lads are corrupting girls, etc, etc.

    Should be changed, it's horrible what a lot of fathers have to go through.


  • #4
    Podge2k7
    Registered Users, Registered Users 2 Posts: 3,972 ✭✭✭Podge2k7


    Unless the father was a danger to the child, he should have equal rights tbh.


  • #5
    The_Kew_Tour
    Registered Users, Registered Users 2, Paid Member Posts: 36,031 ✭✭✭✭The_Kew_Tour


    Yes Fathers rights in this country are nothing and it needs to be taken seriously

    EVENFLOW



  • #6
    UrbanSea
    Closed Accounts Posts: 18,335 ✭✭✭✭UrbanSea


    Podge2k7 wrote: »
    Unless the father was a danger to the child, he should have equal rights tbh.

    They make the male out to look like the bad guy. The mother could just as easily be a danger,but the law would probably back her up too.


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  • #7
    sam34
    Closed Accounts Posts: 8,073 ✭✭✭sam34


    i think that by default, both parents should be guardians. married/unmarried/separated/whatever

    its ridiculous that a parent should have to apply to be a guardian of their own child ffs

    imo, you should have to apply to be released from guardian role (if thats what you want) not the other way around


  • #8
    lil'bug
    Closed Accounts Posts: 2,506 ✭✭✭lil'bug


    my mate is very worried about loosing his kids ,at the mo, his partner died last year and her mother is trying to claim he is unfit to look after his 2 kids.


  • #9
    Wazdakka
    Registered Users, Registered Users 2 Posts: 4,467 ✭✭✭Wazdakka


    Why is there a system that so many people think is inadequate running? :confused:
    I mean seriously, what the hell is wrong with this country??

    Sometimes I think I should try to be a politician and fix some of the way things are run :mad:


  • #10
    Bolag_the_2nd
    Registered Users, Registered Users 2 Posts: 1,224 ✭✭✭Bolag_the_2nd


    i have been involved in cases first hand where the father was refused his rights because the mother turned on the sniff sniff's, even though she was a gowl, the law has to be changed to protect the rights of the fathers, its heart breaking to see a good man deflated.


  • #11
    caprilicious
    Registered Users, Registered Users 2 Posts: 1,880 ✭✭✭caprilicious


    I don't understand why men don't have automatic equal rights to guardianship, its a disgrace :mad:


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  • #12
    SEPT 23 1989
    Registered Users, Registered Users 2 Posts: 43,038 ✭✭✭✭SEPT 23 1989


    I dont think that the children are safe around a woman who is so ****ed up in the head that she wont let them see their own father


  • #13
    twinQuins
    Closed Accounts Posts: 1,199 ✭✭✭twinQuins


    He's not good enough to raise the children but I guarantee his money will be damn good enough for her.


  • #14
    kevin12345
    Registered Users, Registered Users 2 Posts: 1,171 ✭✭✭kevin12345


    This is so wrong! I believe men should have equal rights and deserve the right to see their children.

    What it is with some women who complain about "equal rights" and "sexism" - they choose when this is so. Some women would say "oh but it's always the women who stay at home with the children", but I bet, if you got the same woman at a different time outside of "court" they would fight you tooth and nail saying you are wrong and that woman shouldn't have to stay at home blah, blah, blah. :rolleyes:

    Remember, it takes two to tango ;)


  • #15
    ToniTuddle
    Registered Users, Registered Users 2 Posts: 8,964 ✭✭✭ToniTuddle


    sam34 wrote: »
    its ridiculous that a parent should have to apply to be a guardian of their own child ffs

    I never even knew you had to apply for guardianship until it came to light few months back due to a family issue. I thought once the name was on the birth certificate and you shared the same feicing DNA you were sorted. :mad:

    A friend of mine split up with his partner of 6 years. She left the country with their 3 year old child and never said a word to him. He is currently out a fortune with solicitors and in constant contact with the Gardai.

    After a few months she returned(looking worse than ever-major alco/druggie which she managed to keep hidden from him most of the time) alone and got the rest of her stuff. He rang the Gardai like they had instructed him to do, thinking the would question her...or do something. They rambled off some nonsense about needing a piece of paper blah blah.

    So you can get lifted for joy riding...or being drunk on the street, but KIDNAPPING a child...oh yeah that's perfectly fine. :mad::mad::mad::mad::mad:


    In this country grandparents have more rights to the child than the actual father! :confused:

    Makes me sick.


  • #16
    DazMarz
    Closed Accounts Posts: 8,493 ✭✭✭DazMarz


    It's not right that a man could be denied to see his children. It's not right that anyone be denied the right to see their children.

    But the law almost everywhere, not just in Ireland, will always side with the mother. She could be a crack-dependent alcoholic and the father could be a brain-surgeon, and the mother would still likely get preference (ok, little bit of hyperbole/exaggeration-in-extremis there, but you know what I'm getting at).

    I know lads who have nearly been driven to suicide by cases like this, not being able to see their children.

    It's a sad case, and the laws/rights need to be changed ASAP.


  • #17
    SeaFields
    Registered Users, Registered Users 2 Posts: 6,551 ✭✭✭SeaFields


    It could be changed in the referendum on the rights of the child which is supposed to be held soon.

    However as FF will be forced to hold the 3 outstanding by-elections at the same time and jeapordise their Dail majority thats not likely to be held for a long long time

    Cnuts:mad:


  • #18
    Gunmonkey
    Registered Users, Registered Users 2 Posts: 4,067 ✭✭✭Gunmonkey


    DazMarz wrote: »
    It's not right that a man could be denied to see his children. It's not right that anyone be denied the right to see their children.

    But the law almost everywhere, not just in Ireland, will always side with the mother. She could be a crack-dependent alcoholic and the father could be a brain-surgeon, and the mother would still likely get preference (ok, little bit of hyperbole/exaggeration-in-extremis there, but you know what I'm getting at).

    Yeah, heard a horrid story from England I think. Guy was a part-time worker/househusband, took care of the 2 kids and cleaned the house type deal with a small job on the side for extra cash. Wife was a high flying career woman who got bored of being with the "loser" and shacked up with an "Alpha-male" type from the office, filed for divorce and got immediate custody and no visitation for the father, dispite ther fact the he spent the last 10 or so years raising the kids and spent more time with them.

    If genders were reversed, she would have got the kids as she was the "better parent" and he would be vilified as a mysoginist pig that sleeps around.

    I used to look at the Fathers for Justice guys on TV and think "Twats" but after reading up on how little rights I would have as a father I say good on them.


  • #19
    phill106
    Registered Users, Registered Users 2 Posts: 6,838 ✭✭✭phill106


    kevin12345 wrote: »

    What it is with some women who complain about "equal rights" and "sexism" - they choose when this is so.
    Because they want equal rights when they feel they are losing out. Try it the other way, and there is no hope.
    Look at ladies nights in clubs, when women get in free. If it was other way round, bra burning feminists would be organising a boycott, and take cases to the european courts.
    Paternal leave when you have a new baby? Nope. Just maternal. Should be a parental leave, which can be split between the two.
    Cheaper car insurance for women because they are "safer" and thus cost the insurance companies less. Yet when Old people were going to have their policies loaded, as the younger people had been subsidising, this was illegal.
    All shennanigans i cry!


  • #20
    landsleaving
    Registered Users, Registered Users 2 Posts: 4,345 ✭✭✭landsleaving


    This man is a hero.



    Unfortunately the media seem to care far more about traffic:



    (Yes I'm aware they are two different incidents, but you get my point.)


  • #21
    franklyshocked
    Registered Users, Registered Users 2 Posts: 444 ✭✭franklyshocked


    My son is my joy. He has me wrapped around his finger but we have the best of fun together. I can't imagine my life not being able to see him.
    With so many relationships not surviving and so many gob****es out there having kids you would think that for fellows out there that really want to make a go of giving a child a better life that the government, the country, would be able to offer some support and at the very least offer equal rights.
    Its a sign of disrespect to every decent man in the country


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  • #22
    VaPz
    Closed Accounts Posts: 20 ✭VaPz


    Its actually disturbing how i could, grow up. Marry a beautiful wife. Buy a Porsche. Have 3 lovely kids. Then one day, me and the misses have a big argument.

    Suddenly im broke, and all alone.

    Love irish laws.


  • #23
    Dionysus
    Registered Users, Registered Users 2 Posts: 3,420 ✭✭✭Dionysus


    <SNIP> - Do not link to PI threads - Mod

    It's really odd, in my view, that so many lives can be blighted by Irish law on this issue. It sounds like something for the ECHR if domestic law refuses to give justice to these unmarried fathers.


  • #24
    epgc3fyqirnbsx
    Closed Accounts Posts: 6,228 ✭✭✭epgc3fyqirnbsx


    The referendum on childs rights was mentioned above. I heard it said around the time that they decided a need for such a referendum that it could help prevent such problems. It could do so by adding more weight to a childs right to see their parent as opposed to rewriting all the legislation and re-balancing the various articles in the constitution that may need to be changed.
    The child would have a right of association with its parents (with the usual caveats of course), and any cruel intentions or gender issues between the parents may be irrelevant


  • #25
    Tail Wagger
    Registered Users, Registered Users 2 Posts: 670 ✭✭✭Tail Wagger


    Hi guys, this is the real Ireland behind closed doors... The Courts and the Judges are old men and I don't think it has changed much in the past 30 years, and I'm speaking from experience.

    I have family I became un-attached from years ago, the usual the relationship broke up. The kids are used as pawns by the ex, you end up having to go to court to make an arrangement to see your kids. then you call to collect them and they are taken out somewhere else.

    Honestly, men have no rights to their kids, whether married or single in this Country.The women end up with the house the kids and everything, I knew lots of guys over the years who died from one thing or another over this whole system, and who cares? No one!


  • #26
    Kanoe
    Closed Accounts Posts: 1,522 ✭✭✭Kanoe


    I dont know any fathers who want custody of their children but thats besides the point. As highlighted elsewhere these laws are not localised and the judge made it clear it was his job to make his ruling under the prevailing system. Thats not to say I think it's fair but that the jdges hands are tied. I think its also reasonable to note that in the case where a man may want to leave the country after separating from his partner and kids there is nothing preventing him from doing so nor is there any obligation for him to contribute financially under current law.


  • #27
    Klingon Hamlet
    Registered Users, Registered Users 2 Posts: 2,782 ✭✭✭Klingon Hamlet


    Mods:

    Might want to merge this thread with this one


  • #28
    stovelid
    Closed Accounts Posts: 27,252 ✭✭✭✭stovelid


    The birth parents of the child should have automatic guardianship unless one of them doesn't want it. Decent fathers are treated like shit in this country - no two ways about it. It's a great pity that there are so many deadbeat men whose disinterest in their own kids probably goes some way to exacerbating the unjust perception that the mother always knows what best.


  • #29
    Misty Chaos
    Registered Users, Registered Users 2 Posts: 1,363 ✭✭✭Misty Chaos


    Look at this way;

    Men are demonised left, right and center in mainstream media. Look at most soaps, it usually portrays most men as evil, sinister, flakey cnuts who seem to enjoy beating the crap out of their wives and girlfriends or just being cnuts in the first place. Of course, if it was the other way, they would be war over it! Either that or they are portrayed as bumbling idiots while the woman is the ' leader ' of the pack, I can think of far too many ' sitcoms ' that use that idea!

    To be honest, it really sickens me the way things are at present.

    Sorry, I do care for equal rights but what we have is a dark and twisted version of it. Women are just as capable of being evil as men and I've known some pretty twisted b!tches in my time who were a lot worse and more heartless than any guy I've known.

    For that reason, shafted fathers have my sympathy.


  • #30
    Podge_irl
    Moderators, Sports Moderators, Paid Member Posts: 33,988 Mod ✭✭✭✭Podge_irl


    zxy wrote: »
    I think its also reasonable to note that in the case where a man may want to leave the country after separating from his partner and kids there is nothing preventing him from doing so nor is there any obligation for him to contribute financially under current law.

    Though I imagine if he took his kids with him he'd be the subject of a massive manhunt and subsequent prosecution.


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  • #31
    Dudess
    Closed Accounts Posts: 37,214 ✭✭✭✭Dudess


    Unmarried fathers have zero rights - zero. It is indeed scary stuff.


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