Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
1. Dear Tracy, of course a child's wishes will be taken into consideration when the judge hears an application to reinstate and access order. However, be aware that what the court will do here is ask the father whether he is going to be present when his daughter is subject to the access order or whether he will be leaving his daughter with his partner. Normally, upon an undertaking given by the father, that he will personally be there when his daughter comes for access, the court will re-instate access. The reason a court will do this, is that it will want that there be some contact between the father and the child. Courts always favour access. However, if the father refuses to give an undertaking that he will personally be present when the daughter comes for access, the court will refuse to re-instate the access order. However, I have never seen a father not give an undertaking to be personally present, when the situation is explained to them. So, I would advise you to simply allow the case go to court and let the father give an undertaking that he will be personally present. However, you should put forward the case on behalf of your daughter, so she gets what she wants from her father.
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