The parent who does not obtain custody of a child but remains a guardian is entitled to apply for access to that child. If the parents of a child who separate cannot agree on access rights for the dependent, the court will intervene to determine what is in the best interests of the child. The courts consider that it is very important for the child to have access to both parents; therefore the court is very reluctant to deny access rights to one parent. Even in the event of a father’s application for guardianship being declined, the father has the right to apply for access. A relative or someone who has acted as the parent has the right to apply for access through the District Court.
Access for a relative
Under the Children Act, 1997, a relative or someone who has acted as the parent has the right to apply for access through the District Court
Application to the court
We can provide legal advice in relation to the making of an application to the court to decide which parent will have custody of the child and what access the non-custodial parent will have by making an application to the District Court. We can also provide legal advice in relation to making an application to the Circuit Court during the course of a Judicial Separation or Divorce.
The court believes that the welfare of the child is the most important factor to take account of in deciding on the best interests of the child. The court can set out the time, place and duration of access visits and can order supervised access where another adult is present during visits if it considers it appropriate.