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.