Time for Biological father to pay the bill

[hopi watcher]

And just in case the above is not clear here is Q's&A's on the subject from Barnado's.

Children & Family Law

Q1: What is Guardianship?
A1: Guardianship is a legal relationship between parents and their children. Married parents are joint guardians of their children and have rights and duties relating to their children's upbringing. An unmarried mother is the sole guardian of her child unless she consents to the father's appointment as guardian. Where an unmarried mother does not consent to the father being appointed guardian then the father must apply to court to be so appointed.



Q2: What is custody?
A2: Custody is the physical day to day care and control of a child or children. It is just one aspect of the wider concept of guardianship. A parent who does not have custody still has the rights and duties of a guardian (unless a court has ordered otherwise).



Q3: Who has custody in the event of parents separating?
A3: (a) Parents can agree between themselves as to which of them will have the physical care and control of their children, or
(b) If there is a dispute either parent may make an application to the court for a decision on the matter.



Q4: How does the court decide who will have the children.
A4: The welfare of the child is the first and main aim of the court. The child's welfare is considered under the headings:
(a) religious and moral
(b) intellectual
(c) physical and social



Q5: When one parent has custody does the other lose all rights regarding the child?
A5: No. The non-custodial parent usually retains the rights to:
(a) access the child - this can be arranged between the parents or determined by application to the Court. The child has a right to both parents unless this may be harmful to the safety or welfare of the child.
(b) guardianship - s/he is entitled to be consulted on all matters affecting the child's welfare.
(c) make an application to the Court under Section 11 of the Guardianship of Infants Act 1964 for a direction on any dispute affecting the child's welfare.



Q6: Can persons other than the parent be guardians of the child?
A6: Yes. Both parents have the power to appoint a guardian to act in the event of their death. If a guardian is so appointed s/he acts jointly with the surviving parent. Also the Court has the power to appoint a guardian if the deceased parent has not done so or if the appointed guardians are dead or refuse to act. Any person interested in the child's welfare may apply to the Court to be appointed a child's guardian if the parents are deceased.



Q7: When do guardianship duties end?
A7: The age of majority is 18 years. Generally rights and duties pertaining to a child will cease at this age unless the child is disabled.



Q8: What can happen if the custodial parent refuses to allow the non-custodial parent access to the child?
A8: Once an access order is obtained from the Court then any failure or refusal by the custodial parent to comply with such an order (i.e. allow access) is deemed to be in contempt of court and can result in a term of imprisonment and/or fine.



Q9: Who has a duty to maintain a child?
A9: Both parents have a responsibility to maintain their children. This responsibility exists regardless of who has custody. Parents are expected to, contribute to maintenance in accordance with their earnings. The duty to provide proper maintenance is a legal obligation under the Family Law (Maintenance of Spouses and Children) Act 1976. Parents cannot contract out of this obligation. Parental responsibility to maintain a child ceases when the child is 18 years of age, unless the child is in full time education. In this case responsibility continues until such education is completed or until the child attains 23 years, whichever is sooner. The duty to maintain children exists independently of any maintenance arrangement between the spouses in respect of one another.



Q10: What can be done in the event of a spouse with income failing to provide adequate maintenance?
A10: An application can be made to the District or Circuit Court under the Family Law (Maintenance of Spouses and Children) Act 1976 for a maintenance order.



Q11: Can anything be done if a parent refuses to pay maintenance in accordance with a maintenance order?
A11: It is possible to get an order for a defaulting parent's employer to pay the maintenance out of his/her earnings. This is called 'An Attachment of Earnings Order'. If the parent goes to England it is possible to have the order enforced there.



Q12: What does 'Ward of court' mean in the context of children?
A12: When a child is made a ward of Court all matters affecting the ward's up-bringing become the responsibility of the Court. The Court determines matters such as the child's residence, education, maintenance, holidays, etc. A third party can seek custody of a child against a parent, or seek to obtain protection for a child against the actions of a parent, by bringing wardship proceedings.



Q13: Who is entitled to apply for a child's passport?
A13: Both parents must sign the passport application form. In the event of a dispute about taking the child abroad an application may be made to the District Court, under Section 1 of the Guardianship of Infants Act 1964, for a direction on the matter.



Q14: How is a child's passport obtained when the parents are separated and not in contact?
A14: An application may be made to the District Court for an order directing the Passport Office to issue a passport without the absent parent's consent. The Court may direct the passport to be issued for a specific period.



Q15: In case of conflict or feared abduction can one parent take a child abroad without the consent of the other?
A15: No. If a parent fears the other parent may try to remove a child from the jurisdiction without consent s/he may apply to the Circuit or District Court under Section 11 of the Guardianship of Infants Act 1964 for an order prohibiting the removal of the child.
Alternatively, one may apply for an 'injunction' to prevent the removal of the child and to order the production of the child in the Court. Proceedings may also be brought to have the child made a ward of the Court.
Note: The Child Abduction and Enforcement of Custody Orders Act 1991 deals with problems arising when a parent abducts a child(ren) into/from Ireland against the other parent's wishes or in defiance of a Court Order.



Q16: What can a parent do if the other parent has already taken the child but is still in Ireland (26 counties)?
A16: An immediate application may be made to the Circuit or High Court for an injunction to prohibit the removal of the child and directing the active assistance of the local Gardaí and notification of the port authorities. Proceedings may also be brought to have the child made a ward of the Court.



Q17. Whose name appears on a child's birth certificate?
A17: Where a couple is married both names will appear on the certificate. A birth must, strictly speaking, be registered within 3 months.



Q18: What if the couple are not married and they wish to put the father's name on the certificate?
A18: If the mother is not married it is possible to register the child as the child of the natural father. The mother of a child born outside marriage may go with the father to the local registrar's office and both may sign the register or she may produce to the registrar a special form of declaration signed by the father or she may produce a Court Order naming the father as father of the child. If a birth has been registered without naming the father, the birth may be re-registered to show the father's name. If the mother is married to a person other than the child's natural father she requires a statutory declaration signed by her husband which states his consent to registration of the natural father as father, and confirming that he, the husband, is not the father of the child. In the event of the husband being unavailable or unwilling to sign a declaration the mother or natural father must get a Court order naming him as the father.



Q19: What rights does an unmarried father have regarding his child.
A19: An unmarried father can be appointed guardian of his child if the child's mother consents. The parents can in these circumstances agree between them the arrangements for custody and access. Otherwise he may apply to the Court:
(a) to become guardian of the child jointly with the mother. To do so he must prove he is the father of the child.
(b) for custody of the child.
(c) for access to the child.



Q20: What succession rights do children have if a parent dies without making a will?
A20: The surviving spouse is entitled to two-thirds of the estate and the children to the remainder. If there is no surviving spouse the entire estate is distributed among the children. A child whose parents are not married to each other now has the right to inherit from its father (Status of Children Act 1988). The child will share this right equally with any children of its parent's marriage(s).



Q21: Is a parent obliged to make provision for a child when making a will?
A21: No. However an application may be made by or on behalf of a child for a Court Order to provide for the child out of the estate. The Court will make such an order if it is of the opinion that the deceased parent has failed in his moral duty to make a proper provision for the child in accordance with his means, whether by will or otherwise.



Adoption: This whole area of adoption is vast and complex. Queries relating to it can be referred to one of the following:


Adoption Advice Service: Barnado's, Christchurch Square, Dublin 8. Tel: 453 0355.
Treoir: 36 Upper Rathmines Road, Dublin 6. Telephone: (01) 496 4155.




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[hopi watcher]

Copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste, copy paste.

Facts, aren't you interested in facts?

[pd_phoenix]

I see the Green Party was asking questions about father's rights in 2005, it's a shame they didn't do anything significant when they were in power

15 Dec 04 Fathers / Family Issues / Social & Family Affairs / Departments / In the Dáil / Government / Home - Green Party / Comhaontas Glas

[HughinBandon]

Facts, aren't you interested in facts?

I would be more interested in your "years of experience dealing with family Law."

So far it amounts to an obsesive ability to copy and paste legislation and one reference to a court experience of a relation.

Is that it?

[Foghorn]

This ramble has nothing whatever to do with the point at discussion. A mother cannot deny a father access to his children. You are constantly confusing guardianship/custody with access and the power of a court and a mother. The only reason that a court, not a mother, will deny access, is when the court, not the mother , is satisfied that such access is not in the interest of the child. With all your phoney rersearch you have not produced one case where a father has been denied access to his child arbitarily. The reason, there is no such case on the record.

Whats' pheny about hte Law Reform Commission? If it doesn't suit your case does that mean it is phoney?

I can't produce lists of people who have applied for such access either. Does that mean it doesn't happen?

These cases are held in-camera and you know it. There is no reporting, for obvious reasons.

And you haven't even produced one shred of evidence, but you have the gall to dispute what I provided?

[Foghorn]

Q19: What rights does an unmarried father have regarding his child.
A19: An unmarried father can be appointed guardian of his child if the child's mother consents. The parents can in these circumstances agree between them the arrangements for custody and access. Otherwise he may apply to the Court:
(a) to become guardian of the child jointly with the mother. To do so he must prove he is the father of the child.
(b) for custody of the child.
(c) for access to the child.

Yes, he has to apply! And under the terms of the Law Reform Commission document I have previously provided the Court Order he gets

The right to apply to court for an order of guardianship is set out in section 6A of the Guardianship of Infants Act 1964, as inserted by section 12 of the Status of Children Act 1987. [COLOR=Red]It is important to highlight that this is a right to apply for guardianship and does not amount to a right to be appointed a guardian of the child.[/COLOR]

No rights are automatically conferred upon the father. He must apply. The mother does not. And by being allowed to apply he doesn't have automatic rights.

Show me one piece of law, including appropriate definitions (not just the ones that suit your case), that upholds the rights of the unmarried father to have automatic undisputed access rights to his child?

[hopi watcher]

Yes, he has to apply! And under the terms of the Law Reform Commission document I have previously provided the Court Order he gets



No rights are automatically conferred upon the father. He must apply. The mother does not. And by being allowed to apply he doesn't have automatic rights.

Show me one piece of law, including appropriate definitions (not just the ones that suit your case), that upholds the rights of the unmarried father to have automatic undisputed access rights to his child?

"Q8: What can happen if the custodial parent refuses to allow the non-custodial parent access to the child?
A8: Once an access order is obtained from the Court then any failure or refusal by the custodial parent to comply with such an order (i.e. allow access) is deemed to be in contempt of court and can result in a term of imprisonment and/or fine."

Get it yet??? It's the court that decides, not the mother and the only reason that a court can deny access is if it is not in the interets of the child to allow it. Othgerwise access will be ordered and the mother has no choice but to comply.

[hopi watcher]

I would be more interested in your "years of experience dealing with family Law."

So far it amounts to an obsesive ability to copy and paste legislation and one reference to a court experience of a relation.

Is that it?

So you think that 'experience' is more relevent and weighty than the written law!!! Interesting.

[HughinBandon]

Another rant and it appears that that is all you are good at. The fact is that I have experience in dealing with these matters and 'cut and pasting' the LAW to make a point is perfectly legitimate.......

No side stepping Hopi.

You're great at copying and pasting and repeating the same lines over and over again but what exactly does your "experience in dealing with these matters" amount to??

I have my own ideas but I can't wait to hear your version.

[Foghorn]

"Q8: What can happen if the custodial parent refuses to allow the non-custodial parent access to the child?
A8: Once an access order is obtained from the Court then any failure or refusal by the custodial parent to comply with such an order (i.e. allow access) is deemed to be in contempt of court and can result in a term of imprisonment and/or fine."

Get it yet??? It's the court that decides, not the mother and the only reason that a court can deny access is if it is not in the interets of the child to allow it. Othgerwise access will be ordered and the mother has no choice but to comply.

No problem with that at all. But that's not the point. The point comes before this point -

Once an access order is obtained from the Court

The problem is with getting the access order. The law does not recognise as a right the entitlement of an unmarried father to access. He must "apply" and this application in itself does not confer a right to access.