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| News: Guardianship / Custody |
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| THIRD PARTIES/RELATIVES RIGHTS OF ACCESS TO A CHILD | | | | ACCESS FOR GRANDPARENTS | | | | | | When a grandparent is denied access and negotiation has not been successful, an Application can be brought by that grandparent for access to his/her grandchild under the Children’s Act of 1997 in particular Section 9 of that Act which inserts new sections of the Guardianship of Infants Act 1964. | | | | Under that Act an Application can be made by a grandparent to the District Court firstly for leave to apply for access which is in essence asking the Courts permission to apply for access. In deciding whether or not to grant this leave, the Court has to have regard to the following matters: | | |  | The Applicant’s connection with the child |
| | | | The risk if any of the Application disrupting the child’s life to the extent that the child would be harmed by it. |
| | | | The wishes of the child’s Guardians. |
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| Once leave has been granted by the Court, then an Application can be issued for access and listed for hearing before the Court. In considering as to whether or not to make Orders in relation to access the Court has to have regard to whether the child’s best interests would be served by maintaining personal relationships and direct contact. |
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| ACCESS FOR OTHERS |
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| Under the Children’s Act 1997 any person related to a child by blood or adoption or who has acted “in loco parentis” may apply to the Courts for leave to apply for access to the child. The Court again in reaching that decision has have to regard to the factors as set out above. Applications in relation to access can be made either in the District Court or in the Circuit Court under the Guardianship of Infants Act 1964 as amended by the Children’s Act 1997. |
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| The Guardianship of Infants Act 1964 also provides that it is not necessary in these sort of Proceedings for the child to whom the Proceedings relate to, to be brought before the Court or to be present for all or any part of the Hearing unless the Court is satisfied that it is necessary for the purposes of the proper conduct of the Proceedings. Where a child requests to be present during the Hearing, the Court shall grant that request unless it appears that having regard to the age of the child or the nature of the Proceedings that it would not be in the child’s best interests to accede to the request. |
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 For further information, please contact Marion Campbell Solicitors by calling (01) 475 9345, or by filling out an on-line enquiry form. |
