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dublinbl, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 181
Experience:  BCL, LL.M, Barrister-at-Law
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Hi my childs father is bringing our daughter on holiday out

Customer Question

Hi my child's father is bringing our daughter on holiday out of the country for 12days at the end of this month. There is no legal aggrement between us however he does have regular visitation to our daughter Bt as of the last months she has gotten sick with the thoughts of going. Do i still need to send her or can i offer an alternative suggestion like having her for afew hrs? Also he is saying he will not be bringing a phone on holidays and says i will need to provide money or a phone for our daughter if i want to speak to her. Our daughter is 8. What can i do to ensure my daughter comes first
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  dublinbl replied 3 years ago.

dublinbl : You do not have to agree to letting your daughter's father take your daughter out of the country. His comments about the phone are not helpful, and you should consider the very difficult position which you would be in if he did not come back at all.
dublinbl : if her daughter lives with you usually, which it sounds like she does, then you have custody of your daughter. In the absence of court orders, there is nothing forcing you to agree to your daughter's father requests about access or where he wants to bring your daughter, particularly when he wants to bring her out of the country
dublinbl : If you refused his request for access to your daughter, he would need to go to court to get an order about the times that he can spend time with your daughter. A court would almost certainly not allow trips out of the country if you were not in agreement with that
dublinbl : If you were not married to your daughter's father, then most likely only you are the legal guardian of your daughter (unless a court order was obtained declaring him to be a legal guardian also or you both signed a statutory declaration agreeing that he is also a legal guardian).
dublinbl : Only the legal guardian if
dublinbl : Only the legal guardian of a child can apply for a passport for the child
dublinbl : if you have the passport for your daughter, you should not allow him access to it if you do not agree with him taking your daughter out if the country