Help!Advice needed re. Guardianship

[salcos85]

My partner and i have recently split, i have to point out that i have been very fair and encouraging as regards access, i recently recieved a letter from a solicitor regarding guardianship and access and wondered if there was a way of preventing him from gaining guardianship. I know this sounds wrong but as i have been so generous i fear that this court appointment is plain oneupmanship on his behalf, and he's flaky and unreeliable and i think will soon lose interest in our young children as soon as he finds a new hobby so i really do need help here if you can, thanks

 

[ClubMan]

My partner and i have recently split

Unmarried I presume? If you were married and had a child together then you should both automatically be guardians.

wondered if there was a way of preventing him from gaining guardianship.

If you are unmarried and he is the biological father then probably not and it might be simpler/cheaper/less hassle to just go the statutory declaration route but get your own legal advice if possible. Custody/access matters may also have to be dealt with appropriately. And the precise definitions and overlap between guardianship and custody is not always clear as far as I can see.

http://www.citizensinformation.ie/e...legal_guardianship_and_unmarried_couples.html

i think will soon lose interest in our young children

How may children do the two of you have together and what is the guardianship and custody status in the other case(s)?

 

[salcos85]

We have two children one 18 months and one 16 weeks, i fear his interest will fade when they are no longer at those baby stages, as it has done previously with another child

 

[Thirsty]

All other things being equal it is unlikely he will be refused guardianship.

You should apply for a court order for child maintenance.

he's flaky and unreeliable

You chose to have two children with him. A bit of advice while you go through what is undoubtedly a very difficult time, try not to disrespect him. It doesn't reflect well on you.

 

[ClubMan]

We have two children one 18 months and one 16 weeks, i fear his interest will fade when they are no longer at those baby stages, as it has done previously with another child

You mean a third child by another mother?

I think you (both) need to try to work out what is best for the kids in terms of guardianship (which he will almost certainly be granted as far as I know), custody, visitation/access, maintenance etc. Easier said than done I know. If you were married (you did not clarify this) and separating and eventually divorcing then these issues should be dealt with as part of the separation/divorce proceedings.

Maybe mediation will help? If not then the legal route may be inevitable.