| | | | | | | | RELATED CASE STUDY -
GUARDIANSHIP CUSTODY ACCESS | | | Sean and Margaret are a long term co-habiting couple. They have lived together for 15 years but are not married. They have two children Susan and Barry age 13 and 11 respectively. Sean and Margaret have separated as a result of their relationship breaking down. Margaret and the children remain on in the house. Sean continues to pay the Mortgage while he now resides in rented accommodation. Sean has sought advice in relation to his relationship with the children because he is not a Guardian.
This is a case involving an unmarried couple. Sean is a natural father. Sean has no constitutional rights in respect of his children. As a natural father, he can become a Guardian in the following circumstances either by marrying Margaret or completing a Statutory Declaration whereby there is a consent to him being appointed a Guardian over the children. In the event of Margaret not consenting to him being appointed a Guardian, then Sean can bring an Application under Section 6A of the Guardianship Amendment Act 1964 to be appointed a Guardian to the Court.
The Court can take the following factors into account in determining such an Application: | | | | | | Welfare of the Child | | | | The welfare of the child is paramount. Welfare is defined as including physical, religious, moral, social and intellectual. Sean and Margaret have co-habited for 15 years and for all purposes might be regarded as a de facto family. It would appear to be in the best interests of the children that Sean be appointed a Guardian as he has always maintained a hands on approach to rearing the children and should also be granted joint custody and access. | | | | |  For further information, please contact Marion Campbell Solicitors by calling (01) 475 9345, or by filling out an on-line enquiry form. |
|
