The nominated person must then apply to the court if you cannot carry out your parental role due to serious illness. You need to complete a special form to nominate a temporary guardian (pdf), in which you can set out your wishes on any limitations on the temporary guardian. The nominated person must be a suitable person and over 18 years old. Temporary guardianship can be granted by the District Court to allow another adult, known as the nominated person, to care for your child or children if you become seriously unwell or need be hospitalised. If the child's other guardian consents to the adoption, then he or she gives up the right to guardianship and parentage of the child. To do so, they must seek consent from the child's other guardian. If guardianship is granted, the new guardian’s rights will be set out in the court’s order and may not be as extensive as the rights of the other guardians.Īlternatively, the parent and their new spouse/partner/qualified cohabitant may wish to adopt the child. In deciding whether or not to allow the guardianship application, the court will consider the degree to which any other guardians are involved in the child’s upbringing and any views of child or children involved. The application must be notified to all other parents or guardians of the child, although the decision will not affect that parent or guardian’s existing rights in relation to the child. Provided the child’s day-to-day care for at least 1 year where the child has no parent or guardian willing or able to exercise their guardianship rights, for example, a foster parent.Shared the parental responsibility for the day-to-day care of the child with the parent they live with for at least 2 years or.To do so, the spouse/partner/qualified cohabitant must have either: It is possible though for the new spouse/partner/qualified cohabitant to apply to court to become a guardian without adopting the child. Where a parent is joint guardian and the subsequently marries, enters into a civil partnership or becomes a qualified cohabitant, the other guardian will remain the joint guardian of the child. Legal guardianship applications after changes in relationship status of the parents The father's consent is also required for the adoption of the child by another couple (or by the mother and her husband). Read more about passports for children of unmarried parents here (pdf). (For example, for passport applications for the child and to take the child out of the country). In situations where the father has been appointed joint guardian of a child, then his consent is required for certain things relating to the child's general welfare and other items. Instead, the court will decide what is in the best interest of the child. While the mother's views are taken into account, the fact that she does not consent to the guardianship application does not automatically mean that the court will refuse the order sought by the father. (This is possible, irrespective of whether your name is on the child's birth certificate or not). Apply directly to the District Court and contact the clerk of the court to institute proceedings. You do not require legal representation to do this, you can make the application on your own behalf. If the mother does not agree to sign the statutory declaration or agree that the father be appointed as joint guardian, the father must apply to the court to be appointed as a joint guardian. On 18 January 2016 certain provisions of the Children and Family Relationships Act 2015 came into effect that made a number of changes to the Guardianship of Infants Act 1964. Guardianship ends when a child turns 18 unless a guardian dies or is removed before that. You can apply for guardianship up until a child reaches 18 years of age. (Even though a father's name may be registered on the child's birth certificate, this does not give him any guardianship rights in respect of his child). The rights of parents to guardianship are set down in Section 6 of the Guardianship of Infants Act, 1964.įor children born outside of marriage, only the mother has an automatic right to guardianship. Married parents of a child are joint guardians and have equal rights in relation to the child. If you are a guardian of a child in Ireland, you have a duty to maintain and properly care for the child and you have a right to make decisions about the child's religious and secular education, health requirements and general welfare.
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