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FAQs for young parents
Lots of useful tips for young parents as well as the lowdown on legal jargon.
Frequently asked questions for young parents:
Q: If me and my boyfriend split up and his name is on the Birth Certificate, will it make it more difficult for me to get a passport for the baby?
A: No, the father’s signature is only required on a Passport Application form when he has been appointed a legal guardian of his child either by agreement with mother or through the court.
Q: My sister is a drug user and my Mam looks after her son. Can my Mam become a guardian of the child? She has to get a passport soon and who will sign the application form?
A: Only parents can be guardians and even though your nephew lives with your Mam she cannot be made a guardian of her grandchild while your sister is alive. When the time comes to apply for the passport your Mam can go to the local District Court to get the passport without your sister’s consent.
Q: I am worried in case I die before my child reaches 18. What can I do?
A: It is very important that you make a will appointing a guardian to take your place. It would be very useful if you also say in your will where you would like your child to live and with whom. It is usually best to do this through a solicitor.
Q: I am worried about all these legal issues, who can tell me more?
A: If you want further information about any of these issues contact Treoir, LoCall 1890 252 084, who run the National Information Centre for parents who are not married to each other and for those involved with them. You can also contact your local Citizens Information Centre or their national helpline 1890 777 121 (or check your local Golden Pages for your nearest Centre).
If you need legal advice, you can contact Free Legal Advice Centres (FLAC) on 01 - 874 5690 or visit www.flac.ie to find your nearest Centre.
If you need a solicitor you may qualify for Legal Aid so contact the Legal Aid Board LoCall 1890 615 200 or www.legalaidboard.ie for your nearest Centre.
Legal jargon and what it means:
Here are some legal words you might come across as a parent and need to understand:
1. Guardianship is having the right to make decisions about your baby – where your baby lives, what religion s/he has, what school s/he’ll attend, consenting to medical treatment, applying for a passport etc.
2. Custody is who your baby lives with.
3. Access is visiting your baby or having contact with her/him, where you are not living with your child.
4. Maintenance is a payment to the other parent towards the cost of rearing your child.
The most common mistake people make is thinking that where a father’s name is on his child’s birth certificate that this gives him guardianship rights in respect of his child. It doesn’t.
An unmarried father has to take action in order to get his guardianship rights. He can get these rights fairly easily if the mother agrees by signing a statutory instrument with the mother in front of a Peace Commissioner. This Statutory Instrument (S.I.5 form) can be downloaded from www.treoir.ie.
Where the mother doesn’t agree the father can apply to the local District Court for guardianship rights.
Content developed by Treoir the National Information Centre for Unmarried Parents.
For further supportive information, please contact Treoir on:
LoCall: 1890252084
Tel: 01–6700 120
Email: info@treoir.ie.
