One of the major concerns of parents who have decided to separate or divorce is the impact that that decision will have on their children. Research abounds which shows that children can suffer when their parents decide to live apart. It is also widely accepted that the adverse impact on children can be greatly lessened if parents adopt a positive, co-operative and constructive approach to addressing their childrens' concerns.Parents who separate or divorce are usually confronted with considerable emotional, financial and other worries themselves but many parents recognise the need to place their children at the centre of all their decisions and responses, despite how difficult that can be at various stages along the separation and divorce process. There is a wide range of agencies and support services to help parents guide their children through what is a time of immense change and confusion, in their lives.

One of the primary tasks of any family law solicitor is to try and ensure that whatever difficulties exist between spouses that the impact on children is managed constructively. At Lynch and Partners we take that role extremely seriously and do everything in our power to help parents to help their children.

Before granting any Judicial Separation, Divorce Decree, Preliminary Order or Ancillary Order, the Courts main priority will be to ensure that permanent provision is made for the welfare of the children. Welfare in this case is taken to include religious, intellectual and moral welfare.

Guardianship
Guardianship means the rights and duties of parents in respect of the upbringing of their children. Guardianship rights entitle a parent to make important decisions regarding that child's upbringing, for example, deciding on the child's religion, education, medical treatment and general rearing.

The natural mother of a child is automatically a guardian of the child. A father who is married to the mother of his child also has automatic guardianship rights in relation to that child. This applies even if the couple married after the birth of the child.

However, a father who is not married to the mother of his child does not have automatic guardianship rights in relation to that child. If the mother agrees for him to be legally appointed guardian, they must sign a joint statutory declaration. If the mother does not agree for him to have guardianship, he may apply for this status to the District Court.

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Custody
Custody means the right to the physical care and control in respect of the upbringing of a child on a day to day basis. Married parents residing together are the joint guardians and custodians of their children. After separation they continue to be joint custodians. However, one parent may take the role of primary carer which involves the child/children living with them and staying with the other parent less frequently.

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Access
The parent who does not have the day to day care of the child is entitled to access to the child / children.
Access is defined as the right of the parent, with whom the child does not live, to spend time with the child. It can include the right to have the child stay overnight either occasionally, on alternate weekends or during school holidays and the right for parent and child to go on holidays together. In many cases, custody and access arrangements for a child / children are agreed informally between parents. Where agreement cannot be reached in this regard either parent can make an application to the court to decide the terms and conditions which will govern custody and access of a child / children. The application can be made to the District Court or can be made in an application for Judicial Separation or Divorce in the Circuit Court.

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