Guardianship and Maintenance for Children

Family Law Ireland

In Ireland, guardianship and maintenance for children are governed by the Family Law Acts. These matters can be resolved in the District Courts or Circuit Courts during divorce or judicial separation proceedings, with distinct rules applicable to both married and unmarried parents. Sherwin O’Riordan,  specialize in guiding you through these processes, ensuring that your experience is as simple and stress-free as possible.

Guardianship

Guardianship refers to the legal responsibility for making significant decisions regarding a child’s upbringing, including:

• Education
• Religious upbringing
• Medical treatment
• Living arrangements (intersecting with custody)
• Consent for passport applications

Who Automatically Has Guardianship?

• Birth Mothers: All birth mothers automatically have sole guardianship, regardless of marital status.
• Married Parents: Both married parents (including same-sex couples and adoptive parents) are automatic joint guardians. This right remains intact even after separation or divorce.
• Unmarried Fathers (post-2016): An unmarried father becomes a joint guardian if he has lived with the mother for 12 consecutive months, including at least 3 months post-birth.

How to Obtain Guardianship (if not automatic)

• Joint Statutory Declaration: An unmarried father and mother can sign a legal document to appoint the father as a joint guardian.
• Court Application: An unmarried father can apply to the District Court for an order to appoint him as a guardian.
• Other Applicants: Step-parents, civil partners, long-term cohabitants, and others caring for the child may apply for guardianship under specific circumstances.

Important Note: Guardianship is distinct from custody (day-to-day care) and access (the right to spend time with the child).

Maintenance (Financial Support)

Maintenance refers to the financial support provided for a dependent child. All parents have a legal obligation to financially support their dependent children, irrespective of their marital status or living arrangements.

Duty to Maintain

• This duty generally lasts until the child turns 18, or up to 23 if the child is in full-time education. It can extend indefinitely if the child has a mental or physical disability preventing self-maintenance.

Arranging Maintenance

• Voluntary Agreement: Parents can agree privately on payment amounts and frequency. This is not legally binding unless formalized as a Rule of Court.
• Maintenance Order: If an agreement cannot be reached, either parent may apply to the District Court or Circuit Court for a maintenance order.

Court Orders

• Courts determine fair maintenance amounts based on the paying parent’s financial capacity and the child’s needs.
• In the District Court, the maximum order is €150 per week per child, with potential additional orders for medical, optical, dental, and educational costs.
• There is no upper limit in the Circuit Court or High Court.
• Lump sum payments (up to €15,000 in the District Court) may also be ordered.

Sherwin O’Riordan Solicitors are here to assist you with all guardianship and maintenance matters, ensuring that your family’s needs are met with care and professionalism.

Contact Us

If you have questions about family law matters, please do not hesitate to contact us. Our specialist team is available to support you.

Contact Sherwin O’ Riordan Family Law  Solicitors Today –

Ph: 01 663 2000

Contact us today through our online contact form