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Ask Ronan Your Own Question
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2206
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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What rights do I have as a single father with joint guardianship

Resolved Question:

What rights do I have as a single father with joint guardianship of my 3 year old daughter
Submitted: 5 years ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 5 years ago.
If a child in Ireland is born outside of marriage, the mother is the sole guardian. The position of the unmarried father of the child is not so certain. If the mother agrees, the father can become a joint-guardian if both parents sign a "statutory declaration".

However, 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. You do not require legal representation to do this, you can make the application on your own behalf. Apply directly to the the District Court and contact the clerk of the court to institute proceedings. (This is possible, irrespective of whether your name is XXXXX XXXXX child's birth certificate or not).

Generally the court will grant guardianship to the father on foot of this application unless their is some compelling reason not to
Customer: replied 5 years ago.
Please read the question - I already have joint guardianship of the child - as stated.
The mother - my ex partner, is refusing me previously agreed access on
a regular basis and leaving the child in the care of her mother, her uncle - the child's grand-uncle - or her live-in boyfriend.
Is she entitled to do this especially in the case of the uncle and the boyfriend?
If I do not comply with her wishes - on anything - she refuses me access to the child.
Expert:  Ronan replied 5 years ago.
She is entitled to do this if she so wishes, yes. You are entitled to make an application for access through the District Court and have Court make an order in relation to access. If you have a court order in relation to access then she is not entitled to refuse you access.

Access will normally be granted to a father unless their is some extraordinary reason why it should not be .i.e. violence, drug abuse, alcoholism
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