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Republic of Ireland Law
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the father of my child is in another relationship and has two

children, he is refusing to...
the father of my child is in another relationship and has two children, he is refusing to visit our child in our home andd wants to take him to his family, he has a criminal background and i don't feel that his home is a safe place for my child, if he takes me to court does he have to prove paternity by dna test before a judge would give him unsupervised access to my child
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Answered in 37 minutes by:
1/6/2013
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10,714
Experience: Barrister 17 years experience
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Buachaill :

1. Before an unmarried father can get an Order from the courts for access to his child, he must first bring an application in the District court seeking a declaration that he is the father of the child. You as mother of the child will have to be put on notice of this application. As a result you will be able to attend and give what evidence of paternity you have. However, if there is a conflict between you and him as to who is the father, then a blood test and DNA test will be ordered by the court to ascertain if he is the father of the child. If it turns out that he is the father, then a declaration to that effect will be made. Then the father must bring an application for access to the child to the District Court. It is at this stage that a court will hear evidence from you as to the suitability of his home for unsupervised access. However, be aware that it is rare that a court refuses unsupervised access. A criminal conviction for child abuse or for sexual crime will mean access has to be supervised. But a criminal conviction for theft or for fraud will not mean access will have to be supervised. The nature of the crime must be such as might impact upon the child and potentially put the child in harm's way.

Buachaill :

Please RATE the Answer positively so that I may get paid

Customer:

he sells drugs, and lives in a well known dangerous area. He has had the bomb squad called to his house to dismantle a bomb over some gang related fued, also he has had his windows shot in and the windows of his mother house all broken. i would fear for my childs safety incase such events would occur again.

Customer:

he aslo was left in a coma in august of last year and has been left with a brain injury were he has a volitile personality and unstable on his feet at times.

Customer:

would these circumstances be influencal to my case of supervised access

Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10,714
Experience: Barrister 17 years experience
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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