Guardianship advice & information from a Guardianship solicitor in Cork
Welcome to Johnson & Co, Solicitors, Cork. We offer a friendly, professional and competitively priced Guardianship, Child Custody, Child Access and Chld Care service, whether you wish to initiate legal proceedings or have been served with such proceedings or whether you simply want to get legal advice on the subject. This page has some useful information about Guardianship. You may also be interested in our pages about Family Law, Divorce, and Judicial Separation. While we have tried to provide some basic information, no website can answer all your questions. Do you live in Cork? If so please call now to book a telephone or face-to-face conversation with an experienced Cork solicitor for legal advice.
If you are a guardian of a child in Ireland, by Law you have a duty to maintain and properly care for the child and you have a right to make decisions about the child’s religious and secular education, health requirements and general welfare. If the parents of the child are married to each other, guardianship automatically accrues to both mother of the child and to the father of the child.
Guardianship for Unmarried Fathers
If the couple are not married to each other, the Law in Ireland treats the mother as the sole guardian. Guardianship will not be given automatically to the father. If he wishes for this, he has to apply for it through the District Court. If the mother agrees, the father can become guardian if both parents sign a “statutory declaration” and file it with the District Court. However, if the mother does not agree to sign the statutory declaration or does not agree that the father be appointed as a guardian, the father must apply to the District Court to be appointed as a guardian. At Johnson and Company Solicitors, Cork our lawyers are very experienced in handling providing legal advice insuch Guardianship settlements and applications.
Do I Need A Judicial Separation Or A Divorce?
The answer depends on your own personal circumstances. The simplest way of explaining the difference between Judicial Separation and Divorce is that you can get a Judicial Separation after living apart for 12 months but you can only get a Divorce after living apart for four years. Also a Judicial Separation does not entitle you to re-marry her as a Divorce Order does. A marriage Separation can be mean a couple who have broken up and who have entered into a Separation Agreement without any Court order. A legal Separation usually describes a couple who have formalised the break up with a Separation agreement, Judicial Separation or Divorce.
How Do I Get A Judicial Separation?
- Choose a Solicitor;
- Meet your Solicitor;
- Prepare a statement of your assets and liabilities;
- Instruct your Solicitor to serve court proceedings;
- Have your Solicitor file the Civil Bill, Affidavit of Means, Affidavit of Welfare and all other necessary papers;
- Apply for a hearing date.
Judicial Separation settlement
A Judicial Separation, under Irish Family Law, must be obtained in either the Circuit Court or High Court (usually the Circuit Court). An amicable agreement may be reached before court between parties) in which case the settlement is presented to court for approval and a court order in the terms of the Judicial Separation settlement usually follows such approval. It is very important to have legal advice when preparing a Judicial Separation settlement.
Judicial Separation hearing
If a Judicial Separation settlement cannot be reached amicably then the matters in dispute in the Judicial Separation case must be heard before a judge and the judge will decide. As Judicial Separation solicitors, we at Johnson and company solicitors, Cork are very experienced in providing legal advice in Judicial Separation settlements and applications.
Book a telephone or face-to-face consultation with an experienced solicitor.
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