Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
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.
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.
thank you for your answer.
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.
If my husband ¡, lets say, did not agree, what would be the prosedure and what would happen then?
If your husband does not agree to your taking the child out of the country, then you cannot do so.
even if you go to court?
Yes. It is not possible to ask an Irish court to give you permission to ignore a Convention to which Ireland is a signatory.
so basically, i would have to stay in acountry that is not mine and in which I have no job?
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.
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.
I am sorry that you have rated my service as bad. I am only telling you what the law says - that is my job!