Access to children and cohabiting couples

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.

Same-sex couples

All parents have equal standing before the courts. However, it is possible that a court might put a condition on your access rights that your same-sex partner should not be present while the child is with you.

If your same-sex relationship breaks down, you may wish to continue to have contact with your former partner's child. Under current legislation, however, you have no right of access to the child as you are neither a parent nor guardian.

Grandparents

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.