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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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hello i am english and live in england. just over a year ago

Customer Question

hello i am english and live in england. just over a year ago i married a malawian who was living here on an irish passport. but after i got married i found out she was in debt as she had ran up alot of credit cards. and she continuesly lies to me. i have my own house by the way witch i had on a mortgage prior to meeting her. we now have a 6 month son together who i love with my life. she has never brought anything into this house and still lives out of a suitcase and just throws her clothes on the bedroom floor. when i confront her about all this she just goes into a bad mood with me and threatens to take my son of me because she knows that is the one thing that would hurt me and my family. we dont talk much because after i have finished work she just spends all evening talking on the phone to her sisters in her own language. its not the sort of marriage i was looking for, she sends nasty messages to me whilst i am at work. the only good time i get is on a saturday and sunday because she does 15 hour days at a nursing home, and its just me and my son. how can i end all this without losing my son because she is still threatening to take my son to malawi with her. i mean what would happen if i came home from work one day and they were gone. i have my sons passport wich is british but she is one about getting him an irish one as well. i want this to stop because her just shouting at me and picking arguements at every opportunity isnt doeing my son any good. in the past i would argue back but my mum as adviced to just stay quiet and walk awy and that is what i do now. any advice would be greatley appreciated.
Submitted: 4 years ago.
Category: Law
Expert:  Buachaill replied 4 years ago.
1. Be aware that in order to get an Irish passport, both parents must sign the application form if the child is under 14. However, once a passport has been obtained, there is nothing to prevent one parent taking the child out of the jurisdiction of Ireland. IN order that the consent of the court is required, there must be family law proceedings in place between either the parents or concerning the child. So this is the situation concerning the law. you should also consider whether you wish to separate from your child and formalise custody and access in relation to your child. Otherwise, you should consider some form of mediation and counselling with your wife so that relations improve. At the moment is just seems as if your relationship is in a downward spiral.
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