Guardianship & Access

Guardianship

Guardianship relates to the rights and duties of parents in respect of the upbringing of their children. Guardianship can be obtained by consent of the parties or by court order. It includes a duty to maintain and properly care for the child and refers to the decisions that must be made during the lives of the child which relate to the general lifestyle and development of them.

Custody

Custody is the right of a parent to exercise physical care and control in respect of upbringing of their child on a day to day basis.

Access

The Court will consider an application for access on the basis that the best interests of the child are of the paramount importance. A right for access is ultimately a right for the child. Guardianship, custody and access are often the most contentious matters in family cases and we at Dillon Solicitors can advise you on any or all of these applications. If you have a query please feel free to speak to a member of our team.

Significant changes have been brought in relation to the laws relating to guardianship as a result of the Child and Family Relationships Act, 2015. The Court is now obliged, in making any decisions in relation to the issues of guardianship, custody and access to take account of “the best interests of the child” and must also have regard to the importance of hearing the voice of the child.
The new Act defines the rights and responsibilities of a guardian, provides automatic guardianship for unmarried fathers and also entitles persons who are not parents to apply for guardianship as well as making other important change.

Please note that we only deal with Circuit Court matters relating to Guardianship and Access.

If you require advice in relation to any of the services listed above or if you wish to receive copies of our client newsletters and / or our business ezines please contact us on 01-2960666 or at info@dillon.ie.