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EULawyer
EULawyer, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 204
Experience:  Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
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Im a sole guardian mother of 4 years old.if i decide to

Customer Question

hello, im a sole guardian mother of 4 years old.if i decide to leave the country what the father can do? will he be able to get us back?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  EULawyer replied 1 year ago.

Dear Customer,

A person who is a sole guardian of a child generally has the right to decide on the child's place of living. Please check very well whether you are indeed a sole guardian. If you are a sole guardian, you will have to apply for the child's passport, according to a procedure which involves an affidavit of the fact that you are the sole guardian. Please see the procedure here: https://www.dfa.ie/passports-citizenship/top-passport-questions/consent-for-children/ and the affidavit file here: https://www.dfa.ie/media/dfa/alldfawebsitemedia/passportcitizenship/2013-sole-guardian-affidavit.pdf

Ireland is party to several instruments regarding child abduction, the most important of which is the 1980 Hague Abduction Convention (see this page for more information: http://www.justice.ie/en/JELR/Pages/International_child_abduction). However, using this Convention requires that the parent is joint guardian.

Therefore, as long as a person is sole guardian, they should not have issues travelling abroad with their child.

You should be careful if both your child and the father have dual nationality (the same other nationality). In this case, it would be important to take specialized legal advice because some countries apply other principles regarding the travel of minor children.

I look forward to any further questions and would be grateful for your rating.

Cordially,

Dr. Ioan-Luca Vlad

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