Does parental responsibility appy in Eire?

thorsoak

A bit of a query here. Early in 2003, one of our friends’ son (S) had an on/off relationship with an Irish girl, which fizzled out after a couple of months. She contacted him again after New Year 2004, when she informed him that he was the father of her new-born son! He accepted this as fact and accompanied her to the Registry Office and was named as father on the birth certificate.

Apparently although they both knew that they didn’t want to renew the relationship, he was prepared to accept responsibility for the baby to the extent that he would pay the deposit on a new flat for her and the baby and he wanted to be part of the baby’s life and would pay maintenance for him. However, she went back to Ireland and told him that she didn’t want his help and didn’t want him to see the baby.

I know his mum sent over some presents for the LO, to the address that S was given, but never received any acknowledgement until last Christmas when they received a couple of pictures of the little boy (who looks to be the spitting image of their other grandchildren).

S wrote to the address on the letter, and asked how things were, how LO was and the mother responded.

In the last couple of weeks he has been contacted on Facebook by the mother’s sister, who tells him that LO is being virtually brought up by his 75 year old grandfather as mother has been hospitalised several times with a mental illness – what form not specified.

S would like to be involved with the LO but is unsure how to go about it. S is in a relationship now and his partner is expecting their baby in December. The partner has known about LO from the beginning.

Question I have been asked – and which I am asking you because I’ve no idea whatsoever is - if S is named on a birth certificate at the end of December 2003, will he have parental responsibility – with mother & LO living in Eire.

I’ve just advised them to try & see a family solicitor – but any input would be appreciated, I think.

I’m not sure if S has been paying any maintenance or not – if they hadn’t heard anything for 5 or 6 years, I wouldn’t think so – but not sure on that account.

Apricot

I don't think it does. As far as I can see, if the parents are unmarried the only automatic guardian is the mother - even if the father is named on the birth certificate.

The father needs to apply to the courts to be appointed as a joint guardian - they need to apply directly to the district court to get this and it doesnt appear to be overly difficult http://www.citizensinformation.ie/categories/justice/courts-system/district_court
Once he has guardianship he can then apply for custody.

There is some more information here http://docs.google.com/viewer?a=v&q=cache:0sj_tQx90PcJ:www.mensproject.org/resources/parentalresponsibility.pdf+parental+responsibility+northern+ireland&hl=en&gl=uk&pid=bl&srcid=ADGEESjliLrYf9rrY2Pw6L1sT77hOjH4fklmX7N3uyaLegf-6zFp6MLFLvEqsa1ZY_-PU6kdnlPLZJHLGqwp3DdKcY2GstkFrlXiknjhlZaroPrUyap8qhOun8zbe2Ru6DfaBLJ9RIQm&sig=AHIEtbTUosEb3MBez_MvapWFZi3GonpeCg

ljbnotts

If the baby was registered in England or Wales in 2004 and both parents attended the register office together then yes he has joint rights and parental responsabilities. The law changed on 1st December 2003.

However if baby was registered in Ireland this could be different.

Hope that helps.

LJB