Access to children and unmarried couples

Information

If you have a right of access to a child in Ireland, you have the right to spend time with the child and to take the child out for specified periods of time. You may also have the right to have the child reside with and go on holidays with you for a proportion of the school holidays and the right to have the child stay overnight in your house on alternate weekends.

Rules

When the parents of a child separate and they cannot agree on access rights, the courts will decide. The welfare of the child will be the most important factor. In general, the courts consider that it is very important for the welfare of a child that it should have a relationship with both its parents, and they are slow to deny access rights to the natural parent of a child.

By law in Ireland, unmarried mothers are the sole guardians of children born outside of marriage. Unless the mother agrees to sign a statutory declaration an unmarried father must apply to the court in order to become a legal guardian of his child.

A father may apply for access whether or not he is a guardian. He can do this even if his name is not on the child's birth certificate, and even where his application for joint guardianship has been turned down.

If both guardianship and access are being applied for, then separate applications must be made, but both applications will be heard by the court at the same time.

Unless there are unusual circumstances, the unmarried mother is usually granted custody of her child and the unmarried father is granted access rights.

Under Section 9 of the Children Act 1997 a relative such as a grandparent, or someone who has acted in the place of a parent, can apply to the District Court for permission to apply for access.

How to apply

Treoir, the National Federation of Services for Unmarried Parents and their Children, have produced a useful leaflet on 'Access and Custody of children whose parents are not married to each other (pdf)'.

A person seeking an access order can go to his or her local District Court and get the Court Clerk to issue an application for access, which will be served on the other parent. It is always advisable to get legal advice and representation, however, you are entitled to represent yourself.  The Law Society has a directory of solicitors' firms which you can search for a solicitor in your area.

To enquire whether you are eligible for Legal Aid, contact your nearest law centre. The law centre staff will assess your means and advise on financial eligibility. Legal Aid is not free and everyone must pay a contribution towards costs. The minimum contribution is as follows:

Download an application form for Legal Services (pdf) and bring this with you to your nearest law centre.

FLAC (Free Legal Advice Centres) is an independent, voluntary organisation that operates a network of legal advice clinics throughout the country. These clinics are confidential, free of charge and open to all. Contact your nearest Citizens Information Centre for information on FLAC services in your area. FLAC also runs an information and referral line during office hours for basic legal information.

FLAC has produced a series of basic leaflets on various areas of law which may be useful. These are available from your local Citizens Information Centre and from FLAC or can be downloaded from the FLAC website.

The Family Mediation Service can enable couples who have decided to separate to negotiate their own terms of agreement, while addressing the needs and interests of all involved. The service is free. Read more about the Family Mediation Service here.

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