Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…Grandparents play an important role in their grandchild’s life. However, some grandparents have difficulty seeing their grandchildren and spending time with them. Grandparents do not have automatic rights in relation to their grandchildren, but there are steps you can take to improve your level of contact with them.
How do I request more time with my grandchildren?
You should first speak to the child’s parents or guardians. Negotiation should be explored, to try and come to an arrangement so that you can spend time with your grandchildren. If no agreement can be reached, you should consider family mediation. Mediation addresses the needs and interests of everyone involved.
If mediation is not successful, you can apply to the court for access to your grandchildren. In certain situations, you can apply for custody or guardianship.
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How do I apply for access to my grandchild?
If you are having difficulty maintaining contact with your grandchildren, you can apply for access through your local District Court. Access means you will have a legal right to direct contact with the child, which may include overnight stays (sleepovers). Before granting your application, the court will consider:
• Your existing connection with the child
• Any risk of harmful disruption to the child’s life
• The wishes of the child’s parents or guardians
• The wishes of the child if they are capable of forming their own views
The court will always put your grandchild’s needs first. You should get professional legal advice before making an application.
How do I apply for custody of a grandchild?
If you have custody of a child, you are responsible for their day-to-day care, accommodation and upbringing. Any relative, including a grandparent, can apply to their local District Court for custody of a child.
Usually, the court will only grant you custody if it has the parents’ or guardians’ consent. However, the court can dispense with the consent (decide that the parents’ consent is not needed) if a custody order is in the child’s best interests.
If you are granted custody of your grandchild and they are to live with you, the court can specify (give you details) of the contact, if any, that the child must have with their parent(s). You should get professional legal advice before making an application for custody.
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Is there any financial support available?
If you are the main carer of the child, and the child is not being properly maintained financially by either or both parents, you can apply to the District Court for a maintenance order. This means that, if the court grants your application, the parent(s) must give you money towards the care of the child.
You may also be eligible to claim the Guardian’s Payment from the Department of Social Protection. It is not necessary to be a legally appointed guardian. You may get this payment if the child lives with you, and you are responsible for their care.
How does one become a guardian?
To apply for guardianship, you must complete a form called a ‘Notice of application by an eligible person to be appointed a guardian’. You should get professional legal advice before making an application.
The court will decide the extent of your guardianship rights and responsibilities. You may have the same duties as the child’s parents, or only certain duties. The court can also remove your guardianship rights at a later date, if it is in the child’s best interests.
I was granted access or custody, but still cannot see my grandchild. What can I do?
If you already have an access order or a custody order from the court, but you are still not getting contact with your grandchild, you can seek an enforcement order from the court..
If the parents or guardians refuse to comply with an access or custody order, they can be fined up to €2,500, go to prison for up to 12 months, or both.
Can I appeal a court’s decision, if I am unhappy with it?
The District Court makes decisions about access, custody and guardianship applications based on the child’s best interests. If you are not satisfied with the court’s decision, you can make an appeal within 14 days of the decision being made.
• For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary.
The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
