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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have parental responsibility for my 9 year old son who is

Customer Question

I have parental responsibility for my 9 year old son who is a British citizen and was residing in the UK until 2012. My son's mother (we were not married) moved to the Rep of Ireland without my consent in April 2012 to look after her father who lives over there. No written permission from me has ever been granted from me to stay longer than 28 days.
I now need to obtain an access order through the courts.
Do I need to obtain an access order through the Irish courts or do i need to apply through the UK courts using a c100 form?
If I need to obtain this order through the Irish courts, which forms do I need to complete?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
Since you took no action to force the return of the child to the Uk there is no longer any action you can take with regard to the fact that you did not Consent to the move.
Since the child has lived in the RoI for more than 12 months he is now habitually resident there and it is their Family Court that will deal with the issue of Contact.
You can read more about applications there on the site here
http://www.courts.ie/Courts.ie/library3.nsf/pagecurrent/71CD1FF5ABCB6C66802577EA003E8862?opendocument
I hope that this is of assistance - please ask if you need further details
Clare
Clare and 4 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi, again many thanks for your prompt answers to my questions a few days ago.

I have contacted the Irish Court Service and ascertained the right information and forms I need, to arrange a court hearing in the local court district, which my son now resides in Ireland.

I would really appreciate it if you could further clarify a number of issues in relation to consent to the move and also my parental responsibility.

Firstly, the mother of my son left the UK in a matter of 2 weeks in April 2012 to look after her very ill father. Verbal communication from the mother was made that the move was going to be for a short period of time only. At the time, due to her fathers illness, I felt it was insensitive and inappropriate to obtain a prohibitive steps order and a subsequent access order.

Under no circumstances was my consent given to a long term move and no written agreement or permission was ever signed by me.



  • Is there actually a fixed period of time that needs to elapse before a court would deem me as consenting to the move to Ireland?

  • Would a court not consider the reason for my inaction as not wanting to take my child's mother to court over such a serious allegation as international child abduction?


As far as I am concerned, my child's mother left the UK on a temporary basis to look after a sick family member. No permanent move was ever discussed or agreed to. Continual requests from me for a return date have been made to the mother (approximately every 3 months) with no firm return date ever being given.

Also, I hold parental responsibility for my child as I am named on the birth certificate as the father. our UK .gov websites are not particularly informative I feel and I cannot obtain the right answer to my question.



  • Does my UK parental rights and responsibilities transfer over to another EU member country such as Ireland and if they do, is an access order needed to enforce these rights and responsibilities, in terms of schooling, welfare, maintenance and important parental decisions?


Again, many many thanks.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that whatever the reason for your inaction the fact that you did NOT take action to force the return of the child means that his residence in Eire has now been established and cannot now be challenged.
You do indeed retain your Parental Responsibility for the child and you can take action in Eire to enforce them if need be.
Clare
Customer: replied 2 years ago.

Hi Clare, many thanks again for your answers. I understand that no action taken by me has caused my problem. What a choice to be faced with. Thanks again Neil

Expert:  Clare replied 2 years ago.
Hi Neil
Sometimes doing the right thing costs you I am afraid
Clare