Father guardianship

[digbar]

Hi all,

Hope all are doing well.
I was wondering if someone would know about father guardianship.

I got my Irish citizenship, and now my daughter also has through me.
I am about to request her passport but I got into a funny situation.
For the passport it requires guardianship signature.

My case is that I, the father, migrated from South America with my daughter with the mother's consent - no legal document or court order though. By Irish law, a father is not granted guardianship automatically. Even my daughter living here in Ireland with me for more than half a decade I don't think I am considered her guardian. Funny I have never had the need for any documents even for the citizenship.

I also would like to add my current wife who also came with my daughter from Brazil as her other guardian as she's been tending to her daily needs. Now I don't know if I need to go to court to be myself a guardian first, or if I am already considered one and can apply to my daughter's Stepmom with no issues with Family court.

This is all very confusing...


Does anyone have any knowledge on this topic?

Thanks a mil

[KyukChick]

Hope this link helps
https://www.citizensinformation.ie/en/b ... for%20life.

[digbar]

Hope this link helps
https://www.citizensinformation.ie/en/b ... for%20life.

Thanks mate. I'm afraid this doesn't help me though
It's a very specific case. I'm trying to get some help from a solicitor, but nobody answers, I may need call over to one office directly

[KyukChick]

I expect you made the Citizenship application on behalf of your daughter, so in essence you provided a digital signature that you are her direct parent and therefore her guardian. If her birth certificate names you as the father, there is no further proof needed. You will need to send her original birth certificate and her original Certificate of Naturalisation (along with other documents) to the passport team to verify your relationship for her application.
And yes, you will likely need a lawyer to file paperwork for your partner to get guardianship

[Uche]

Hi All,
My sisters husband took their two kids age 11 & 9 from the Caribbean to Ireland. They’ve divorced and she’s moved to the uk but Irish court has granted the ex-husband guardianship right. She’s frustrated because she can’t train her children with motherly love and companionship.
She lives in the UK but the ex-husband live in Ireland with their children. Is it possible to challenge this case and win at court?

Hi all,

Hope all are doing well.
I was wondering if someone would know about father guardianship.

I got my Irish citizenship, and now my daughter also has through me.
I am about to request her passport but I got into a funny situation.
For the passport it requires guardianship signature.

My case is that I, the father, migrated from South America with my daughter with the mother's consent - no legal document or court order though. By Irish law, a father is not granted guardianship automatically. Even my daughter living here in Ireland with me for more than half a decade I don't think I am considered her guardian. Funny I have never had the need for any documents even for the citizenship.

I also would like to add my current wife who also came with my daughter from Brazil as her other guardian as she's been tending to her daily needs. Now I don't know if I need to go to court to be myself a guardian first, or if I am already considered one and can apply to my daughter's Stepmom with no issues with Family court.

This is all very confusing...


Does anyone have any knowledge on this topic?

Thanks a mil

[seanocathasaigh80]

Does anyone have any knowledge on this topic?

You and the mother need to fill out statutory declaration (SI 210 of 2020) in the presence of a Peace Commissioner or a Commissioner for Oaths. It's as simple as that.

The declaration is available at: https://www.irishstatutebook.ie/eli/202 ... ade/en/pdf

[seanocathasaigh80]

I expect you made the Citizenship application on behalf of your daughter, so in essence you provided a digital signature that you are her direct parent and therefore her guardian. If her birth certificate names you as the father, there is no further proof needed. You will need to send her original birth certificate and her original Certificate of Naturalisation (along with other documents) to the passport team to verify your relationship for her application.
And yes, you will likely need a lawyer to file paperwork for your partner to get guardianship

This is not correct. Even when a father is mentioned on the birth cert it doesn't make him a guardian. It doesn't matter if he's the direct parent, he's not automatically a guardian if he's not married to the mother.

If you're not married then you need to either cohabit with the mother for a certain period of time or make the statutory declaration in front of a Peace Commissioner or a Commissioner for Oaths (€10 fixed fee) – there's no need to engage a solicitor.

[digbar]

Thanks for all the answers. I still unsure how to proceed tbh. I've been contacting a lot of places. I even contacted the embassy of Ireland in Brazil where the mother of my daughter is from and lives, and they said she could just get someone from the professions list and get it to sign and send it to me. However, I was not that confident with their reply tbh.
Would DFA accept a foreign signature from a person they can not verify? I mentioned this and they said that the person provides their contact info, making the impression that DFA/embassy could contact them to verify. Again, not very confident. Anyway, the best solution I have so far is wait when I'm traveling to Brazil with my daughter and apply the passport there. But only God know when that's gonna be.

[digbar]

Hi All,
My sisters husband took their two kids age 11 & 9 from the Caribbean to Ireland. They’ve divorced and she’s moved to the uk but Irish court has granted the ex-husband guardianship right. She’s frustrated because she can’t train her children with motherly love and companionship.
She lives in the UK but the ex-husband live in Ireland with their children. Is it possible to challenge this case and win at court?

If she was living here, she can go to family court, and request to be guardian. But living in the UK, it is probably a different process. She'll probably need to get some international law advice.