A guardian of a child has the right to be consulted on all matters affecting the upbringing of the child, for example, signing passport forms. Where parties are married both parents are guardians of the child, even after separation or divorce. If the parents are unmarried, the father will have to apply to be guardian of his child. Please see here for more information.

Custody is the day-to-day care and control of the child. Access is the right to see and to communicate with the child. Where parties separate, they will either agree or the Court will make an Order as to who will have custody of the child or children. They can also agree to access or the Court can make Orders as to access if necessary. Where a court is making determinations about guardianship, custody or access the welfare of the child or children will be of paramount importance.

For custody and access information where parties are unmarried please see here

For more information or any questions or queries on guardianship, custody and/or access, please contact Margaret Fortune by email or 051 840001 for confidential and impartial advice.

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