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Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 1959
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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My daughter died in November age 34 leaving 3 children under

Resolved Question:

My daughter died in November age 34 leaving 3 children under 7, her partner moved out of the family home within 2 weeks with another woman, he took the children out of their home and away from their friends and family and also their school which my daughter fought to get them into, they are now in an unsafe area their school-work has deteriated, and has forbidden us any contact with the school to check on their progress, as we are grandparents does he have a right to do this, and what rights do we have. How do we find out whether he has guardianship or not as we were never notified.
Regards
Esther Griffin
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  N Cal Attorney replied 1 year ago.
I am sorry to hear this.

Was he married to your daughter?

Are they his children?

In which State did this happen?
Customer: replied 1 year ago.

They were not married. He is the father of all 3 children. We are in county Wexford, Republic of Ireland

Expert:  N Cal Attorney replied 1 year ago.
Thank you for that information.

I have to move your question over to the Ireland Law Experts.
Expert:  Wendy-Mod replied 1 year ago.

Hi, I am a moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Wendy

Customer: replied 1 year ago.


I will await your answer if not refund my premium.


Esther

Expert:  Wendy-Mod replied 1 year ago.
Thank you for your patience, Esther. We will continue the search for a professional for you.

Regards,
Wendy
Expert:  Ronan replied 1 year ago.
Currently access/custody for grandparents is a 2 stage process. You must make an application for leave to apply for access before the District Court before you can make a formal application relating to access and custody



You have certain rights of access but Ultimately, the court's chief concern, is Your grandchildren's welfare and their right of access to their grandparents. The court must take into account the views of the child in considering such cases and Judges will often speak to a child privately in relation to such access.



The only caveat to all of the above, is that there is a new piece of legislation coming down the track. It is currently before the Orieachtas. The Rights of Grandparents Bill 2013 if it becomes legislation (which it most likely will) extends the rights of Grandparents significantly.

if your daughter did not appoint him a guardian then the only way he could have obtained that status is if he made an application to the court and this will be the court file.
Ronan, Solicitor
Satisfied Customers: 1959
Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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