Child custody laws in the Republic of Ireland

What are the child custody laws in the ROI?

Child custody laws in the ROI are derived from a plethora of legislative documents, the most significant of these are:

• The Guardianship of Infants Act 1964: This act allowed courts to make decisions on custody and access to children
• The Judicial Separation and Family Law Reform Act 1989: This act made changes to the acceptable grounds for judicial separation. It also assisted in the reconciliation of estranged spouses and provided for orders of custody
• The Child Abduction and Enforcement of Custody Orders Act 1991: This act addressed wrongful retention of children. It also implemented the Hague Convention 1980 and the Luxembourg Convention 1980
• The Children Act 1997: This act recognised natural fathers as guardians. It also allowed children's views to be considered in guardianship, access, and custody matters, and allowed parents to have joint custody
• European Council Regulation 1347/2000: allowed the mutual recognition of court orders for custody in all EU Member States (except Denmark)

What do child custody laws in the ROI say?

The laws in effect dictate which parent the child will reside with following a separation or divorce, or in cases where the parents are not in a relationship. The laws largely favour the mother, all other things being equal. However the main guidance the court must consider is the welfare of the child, which is defined as the religious, moral, intellectual, physical and social welfare. As such, if a father has concerns about the welfare of the child under the mother’s care, for example due to substance abuse, he will be advised to raise such concerns at an application for custody.

Getting legal advice - let us help

If you are interested in making, or responding to, an application for custody, your first port of call should be a family solicitor. Family solicitors can help guide you through the complex steps of child custody battles. They are also able to advise you of your likelihood of success, and the arguments you and your opponent might rise. If you cannot afford to instruct a family lawyer, you may be eligible for legal aid. Give us a call today and we will see how we can help.

If you would like to obtain legal advice on child custody laws in the ROI, Contact Law can put you in touch with local family law solicitors free of charge. Please call us on 1800 937 974 or complete the web-form above and we’ll call you back.
 

Last Updated on 02/03/2012