In Ireland, the relationship between grandparents and grandchildren is cherished, but legal hurdles can sometimes limit access. This guide provides a comprehensive overview of the steps grandparents can take to legally secure access to their grandchildren.
Key Points to Consider:
- Legal Context: Grandparents in Ireland don’t have inherent legal rights to see their grandchildren. Parents can deny access for various reasons.
- Acknowledgement by Law: The law understands the value of maintaining grandparent-grandchild bonds. Legal routes exist for grandparents to request access or custody.
Step-by-Step Guide to Seeking Access:
- Begin with Dialogue:
- Initiate a conversation with the child’s parents or guardians.
- Express your intentions to maintain a bond with your grandchildren.
- Explore Family Mediation:
- If direct talks fail, consider family mediation.
- Engage a professional mediator to facilitate discussions and find a mutually agreeable solution.
- Filing for Access:
- If mediation doesn’t work, prepare to legally request access.
- Use Form 58.19 from the Courts Service of Ireland for the application.
- Completing the Application:
- Fill out Form 58.19 with all necessary details about yourself and the grandchildren.
- Be thorough and clear in your reasoning for seeking access.
- Submitting the Application:
- Take your completed form to the local District Court.
- Check for any filing fees required.
- Notifying the Other Party:
- Once filed, legally notify the child’s parents or guardians of your application.
- Include a copy of the application and court date information.
- Attending Court:
- Be present at the court hearing, ready to discuss your case.
- Bring any relevant evidence or documents.
- Court’s Decision-making Process:
- The court will consider various factors, prioritizing the child’s best interests.
- Factors include your relationship with the child, potential impact on the child, and the child’s wishes.
- Seek Legal Advice:
- It’s advisable to get legal representation from a solicitor experienced in family law.
- A solicitor can guide and represent you during proceedings.
- Option to Appeal:
- If the court decision is not favorable, consider appealing.
- Discuss the feasibility of an appeal with your solicitor.
Note: In contentious cases, solicitors may not base their fees on a percentage of any award or settlement.
