# guardianship of childrens act.....what does it mean?



## samanthajane (28 Jan 2010)

Guardianship of children acts 1964 to 1997, notice of application for leave to make an application under section 11B (1). 

Can someone please tell me what exacetly this means. I've googled and i dont understand what is said, and it doesn't make sense, I can only find reports and information regarding the mother and father of the child/children. 

I recieved a registered letter today informing me i have to appear in court because someone is trying to get guardianship for my 2 children, this person is not related to them at all, he is an ex boyfriend of mine. 

Because we were together for a long time he does still see the children and play an active role in their life, but i dont understand why he would do this. He's not answering the phone to me so i cant ask him.

I dont even know how he can as like i said the only information i can find is about the biological mother and father, it says nothing about someone applying if they are not the parent or even related. 

Since a solicitor has taken his case there be some reason as to why he thinks he can apply for this and get it. 

thanks


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## mf1 (28 Jan 2010)

He can make the application as someone who has acted in loco parentis of the children. 

"Since a solicitor has taken his case there be some reason as to why he thinks he can apply for this and get it."

Not necessarily the case. Only you know why he is doing this - there is something going on. His solicitor may well have told him he has a chance, or no chance, but he can still apply. 

The fact that he will not talk to you about it is a big issue. But then the actual application is, in itself, a big issue. 

You should get appropriate legal advice

mf


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## Dachshund (28 Jan 2010)

The section in the Act that he has applied under is here.

11B.—(1) Any person who—

 ( _a_ ) is a relative of a child, or,

 ( _b_ ) *has acted in loco parentis to a child*,

 and to whom section 11 does not apply may, subject to subsection (3), apply to the court for an order giving that person *access *to the child on such terms and conditions as the court may order.

 (2) A person may not make an application under subsection (1) unless the person has first applied for and has been granted by the court leave to make the application.

 (3) *In deciding whether to grant leave under subsection (1), the court shall have regard to all the circumstances, including in particular—*

*( a )** the applicant's connection with the child,

 ( b ) the risk, if any, of the application disrupting the child's life to the extent that the child would be harmed by it,

 ( c ) the wishes of the child's guardians.


*What this means is that your ex is seeking formalised access to the children. The bits in bold in the Act above are the most relevant parts to you. As you can see the court will have to take your circumstances into account before making an order. He cannot be made a guardian as he is not the natural parent of the children, all he can get is court ordered access.

You will have to go to court so that your view of the situation can be taken into account. You can represent yourself, bring any information that you think you'll need e.g. school times, after school information etc. If you want him to have access to them consider when and for how long, maybe at weekends and what the travel arrangements would be. The Family Court offices are usually very helpful if you need to contact them. 

Best of luck.


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## samanthajane (28 Jan 2010)

Dachshund said:


> The section in the Act that he has applied under is here.
> 
> 11B.—(1) Any person who—
> 
> ...


 
thanks for that i wasn't able to find anything that said loco parentis*. *I still dont understand why he's doing this as he already has access to the children, but if thats all it is then then i dont mind doing it this way. At the moment it is always on his terms, he will see them when he wants to and when he can do, there's never really any formal arangement, he usually just rings or turns up when he wants to see them. Which can be a pain sometimes if i have already made arrangments, or if i need him to have the children for me and he cant. 

At least this way it will be arranged when he does have them and we both stick to it, will actually make things much easier for me. 

I did move to england to do a course 18 months ago and i took the children with me, he still saw them but obviously not as much, and i know he spoke to a few solicitors to try and stop me from going and taking the children but they all told him he had no rights to stop me, with the access order would it mean that if i wanted to move back to england again i would be unable to because he has the access order. I wouldn't want to not have options because of this. 

Does the citizens advice still have solicitors that you can get advice from for free? I do work, but with rent, bills ect every cent i earn is accounted for i really wouldn't have any extra cash to afford to get a solicitor for myself. 

thanks


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## missdaisy (28 Jan 2010)

"What this means is that your ex is seeking formalised access to the children".

This isn't true, guardianship and access are two separate issues. Guardianship means a right to be consulted on issues like education, helath and welfare etc.


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## missdaisy (28 Jan 2010)

Does the citizens advice still have solicitors that you can get advice from for free? I do work, but with rent, bills ect every cent i earn is accounted for i really wouldn't have any extra cash to afford to get a solicitor for myself. 

thanks[/quote]

If you have a disposable income under €18,000 you can avail of the legal aid service. I think you should get advice about this issue.


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## samanthajane (28 Jan 2010)

missdaisy said:


> "What this means is that your ex is seeking formalised access to the children".
> 
> This isn't true, guardianship and access are two separate issues. Guardianship means a right to be consulted on issues like education, helath and welfare etc.


 
oh so that is what he's going for? Guardianship, there is no way that i would be happy with him having this. I dont want to have to consult with him about things like this, they are my children and i want to make the decisions, for what i feel is the best for them. When you said education the light bulb in my head finally went off, my kids go to a irish speaking school something that he wanted not me, i agreed to it because he was around and could help witht he homework. But since we've split it hard to help with their homework, i said the other day that i wasn't going to send my son to an irish speaking secondary school, for 1 there isn't one in the area and 2 primary homework is hard enough to help with. I wonder if thats why he's doing this now, seems silly all over a school but i suppose he must feel very strongly about it. Would he have rights about their religion as well? I didn't allow my son to do his communion and i feel the same about my daughter but i know he wants her to do her communion. 



missdaisy said:


> Does the citizens advice still have solicitors that you can get advice from for free? I do work, but with rent, bills ect every cent i earn is accounted for i really wouldn't have any extra cash to afford to get a solicitor for myself.
> 
> thanks


 
If you have a disposable income under €18,000 you can avail of the legal aid service. I think you should get advice about this issue.[/quote]

I earn more than €18,000 so i dont think that option is available to me.


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## Dachshund (28 Jan 2010)

missdaisy said:


> "What this means is that your ex is seeking formalised access to the children".
> 
> This isn't true, guardianship and access are two separate issues. Guardianship means a right to be consulted on issues like education, helath and welfare etc.



Correct, but in this case her ex cannot apply for guardianship under section 11, he can only apply for access under section 11B as he is not a parent of her children. If he was the parent then the correct section would be Section 6A here.

Although the letter the OP received may state that he is looking for guardianship, the section of the act that the OP quoted only relates to access.  The OP states that she is the mother of the children, therefore she automatically is the guardian, she has also stated that the ex is not the  natural father, therefore he has no automatic right to be a guardian or to apply to become one. He can only apply for access.

Re: Income

It's not income earned over €18,000. it's what's left over *after* you've paid for rent, food, utilities and other essentials. You can always [broken link removed] for more information.


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## samanthajane (28 Jan 2010)

thanks again, i'll contact FLAC....since i have 0.00 left over once i've paid for everything.


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