Protecting Your Child's Future – Advocating Child Custody Solutions

As adults navigate the turbulence of separation and divorce, it is often the child that suffers the most. In such situations, it is therefore vital that you obtain the best legal advice from an experienced family law solicitor.

Let’s therefore delve into the child custody laws of Ireland and how family law solicitors can help you make the right decisions.

Child Custody Laws in Ireland

In Ireland, custody of a child can be had automatically, by mutual agreement, or through the decision of a judge. Let’s look at each one.

Automatic Custody

Automatic custody means you get custody because of your relationship with the child. You do not need to apply to a court of law in order to obtain custody. This can happen if you are the mother of the child and are not married to the biological father. In the case of married parents, custody goes automatically to both parents equally and jointly.

Mutual Agreement

In situations where a married couple separate, it is often agreed between them who will have custody of the children .For instance, if one party needs to travel extensively for work she may not be able to physically care for the children’s day to day needs and as such it is agreed between them that one party will have sole custody of the children. In such cases, both parties can move forward by mutually agreeing to an arrangement. They may also hire a mediator to draw up an informal agreement or ask a judge to formalize the agreement and make it a rule of law.

Custody by Court Order

If for any reason, parties are unable to come to an agreement as to the custody of the children, they can apply to the court for a Custody Order. Such applications are made in   the district court.

To understand the custody and family law better,, reach out to Walsh & Partners for child custody legal advice.

The Best Interest Principle

The court when making any decision about a child will have as its paramount consideration the best interests of the child. In determining what is in the best interests of a child, regard will be had to the following factors:

• The benefit to the child of having a meaningful relationship with each parent
• The views of the child that are ascertainable
• The physical, psychological and emotional needs of the child
• The history of the child upbringing and care
• The child religious, spiritual, cultural and linguistic upbringing and needs
• The child social, intellectual and educational upbringing and needs
• The child age and any special characteristics
• Any harm the child may have suffered or is at risk of suffering
• The proposals for custody
• The capability of each parent to meet the child needs

What can family law solicitors do?

Family law solicitors are qualified legal professionals who help parents and other family members resolve disputes regarding children. Here are some of the things your family law solicitor  can do when – and often before – such disputes escalate into legal battles.

Assessment and Advice

Child custody lawyers understand the principle of best interest. Therefore, when it comes to custody disputes, the solicitor will advise you of your rights and give you an objective assessment of your situation. They are in a better position to explain how the the law and the court system work and what a likely outcome would be in your case if it went to court.

Negotiation

By the time they reach out to family law solicitors, most couples are already at loggerheads and unable to negotiate objectively. Your solicitor can help you arrive at a fair and reasonable parenting plan that works for everyone concerned, and most importantly for the child, without going to court.

Court Representation

If your dispute escalates and it becomes necessary to make an application to the court,, your family law  solicitor who is already familiar with the nuances of your case, can represent you in court. They will advocate your rights and the best interests of the child and present evidence to support this in court.

All in all, if you are amidst a separation, no matter how agreeable, remember that it is important to know your rights and where you stand legally and so it is best to get legal advice from an experienced family law solicitor.

At Walsh and Partners, we have an experienced team of family law solicitors and we will assign a dedicated solicitor to your case. All you need to do is call or write to us. We have offices in Cork city and Midleton and have satellite offices in other locations.