How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask cmcsolicitor Your Own Question

cmcsolicitor
cmcsolicitor, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 145
Experience:  and Mediator practicing in Cork, Ireland.
71807589
Type Your Republic of Ireland Law Question Here...
cmcsolicitor is online now
A new question is answered every 9 seconds

HI: I was wondering if you could help me. I am a mexican

Customer Question

HI:

I was wondering if you could help me. I am a mexican citizen and have been married to an irish man for 4 years. We got married in mexico We have a baby daughter.
After a very difficult relationship I am now thinking about getting seeparated.
I would like to ask what would happen with me and my daughter if I dont want to live in Ireland anymore and would like to go back to my own country.
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  cmcsolicitor replied 1 year ago.

cmcsolicitor :

I understand from your question that you have been living in Ireland as a family for some time now. If so, you will need to consider the effects of the Hague Convention, to which both Mexico and Ireland are parties. This would allow your partner to make an application requiring the Mexican courts to order you to return to Ireland with your child. This is because (as far as I understand from your question) Ireland has been your domicile and if you remove your husband's child from Ireland without his consent, that would amount to child abduction.

cmcsolicitor :

You may also wish to consider what is in the best interests of your child, who would grow up without the benefit of the company of his father if you move to Mexico. This will depend on your circumstances of course, however, it is generally considered in the best interests of children to have the company of both parents. That is the reasoning behind the convention, and the reason that it applies to the parents of children - neither mothers nor fathers can remove a child from the country where they have lived with the other parent without the other parent's consent.

Customer :

thank you for your answer.

Customer :

I would not take away my child from ireland as if I was kiddnaping him. However, this is not my country and there is no reason, apart from my husband, to be here. I have no job, falimy or friends here.

Customer :

If my husband ¡, lets say, did not agree, what would be the prosedure and what would happen then?

cmcsolicitor :

If your husband does not agree to your taking the child out of the country, then you cannot do so.

Customer :

even if you go to court?

cmcsolicitor :

Yes. It is not possible to ask an Irish court to give you permission to ignore a Convention to which Ireland is a signatory.

Customer :

so basically, i would have to stay in acountry that is not mine and in which I have no job?

cmcsolicitor :

Yes. You say that you have no reason to stay here. However, the reason the convention exists is to protect children from being forcibly separated from their parent.

cmcsolicitor :

If you take the law into your own hands, and remove the child to Mexico without his father's consent, and if the father takes a case, then you will have to answer a child abduction charge. In practice, Mexico is not very compliant with the convention, and the order of a Mexican court to bring the child back to Ireland may not be enforced. However, you will have to deal with the charge.

cmcsolicitor :

I am sorry that you have rated my service as bad. I am only telling you what the law says - that is my job!

Expert:  cmcsolicitor replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Buachaill

    Lawyer

    Satisfied Customers:

    3263
    Barrister 17 years experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Lawyer

    Satisfied Customers:

    3263
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/CM/cmcsolicitor/2013-7-4_114944_CMCMay12colourheadshotcropped.64x64.jpg cmcsolicitor's Avatar

    cmcsolicitor

    Solicitor

    Satisfied Customers:

    144
    and Mediator practicing in Cork, Ireland.
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    93
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/JO/JoseMagadan/2013-6-27_16279_IMG6290copia.64x64.JPG José M.'s Avatar

    José M.

    Attorney

    Satisfied Customers:

    425
    Spanish Attorney
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    45
    UK based Immigration Solicitor
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg Top_advisor's Avatar

    Top_advisor

    Attorney

    Satisfied Customers:

    31
    Solicitor and Attorney