Ireland is really, really into the protection of the family. It's in our constitution that it's a big deal and gets special consideration. So if the father was trying to bring his kid over to Ireland, provided he was a citizen and in the process of applying for citizenship for the kid, he should have no problem bringing the kid to Ireland with him.
When did the parents split up? If they were married in Ireland, and they split up in the early 90s, someone could make a claim that they would have gotten divorced if they'd be able to (it was only legalised in about 95) (and if he was abusive and the mother was willing to speak out about it, she may have been able to apply for a papal annulment, which should be acceptable for a Catholic)
Similarly, has the father been entirely absent from the son's life since the separation, or has he continued to have some kind of presence, legal or otherwise? If he's been in contact with the kid and providing support, then they'll have a much, much harder time trying to get custody off him. If they haven't heard a jot since he left, then they'll have a better chance at claiming it'll be unduly disruptive for the kid.
Thanks so much for the response. My Google searches for international child custody issues and examples really didn't have anything for Europe, let alone Ireland. So I appreciate it!
The idea right now is that the father went to America and married an American woman. The marriage was rough, especially with the father being abusive, but no divorce was sought on either side due to religious reasons. I want the father to have left, preferably back to Ireland, when the boy was still young but alive, so early 90s would be a good bet for the situation I'm aiming for. The father has had minimal contact with the family, if any at all - but he'll claim that his wife refused to let him contact the kids and that he tried.
Can I ask if religious issues are taken into consideration in Ireland? In addition to a biological father filing for custody, if the father is a strict Catholic and wants his son to be raised Catholic, would that legally provide any leverage?
See, if they got married in Ireland, you could try and claim that the sister tried to make the case that the only reason they didn't divorce at the time was that they couldn't, and see if that had any weight (though I don't know if you'd need to dissolve the marriage in Ireland if you made it in Ireland)
If the kid is American though, wouldn't the custody case have to take place in America? So I don't know if what the Irish courts would think would make a difference. As to whether religion would have a bearing, I don't know - officially, I don't think it would, but it would probably heavily depend on the judge he got.
Oh, now I get what you meant! That's a good idea, thanks for the suggestion. If having them get married in Ireland is easiest, that's something I could do. Gives me something more to research, too. ;)
I'm still playing around with the details and trying to figure out the best way to set the situation up. I was just curious on how Irish courts would react to this if the father was to bring the child over and the sister tried to fight for custody back. I was curious if once the child was in Ireland, if Irish courts would have some legal say over the situation, considering at least the father is Irish himself. I also understand that most international child custody cases emerge because the country a child is brought to will follow its own laws and that's when confusion arises. Ultimately I do want the boy's sister to have custody again, so fuzzy legal circumstances are almost preferable... but I'm just trying to get an idea of what the sandbox looks like right now.
I suppose I could give the kid dual citizenship, considering he has (at the moment) one American and one Irish parent. I don't know if that would change the legal proceedings, but it would make the father bringing the kid to Ireland easier.
If the father is an Irish citizen by birth, then the boy already has Irish citizenship automatically and doesn't have to apply for it, so you have an Irish boy in Ireland whose sister is trying to use a foreign custody case to override the Irish father's parental rights.
This suggests that, as with other countries, if the father has parental rights in Ireland, the court is likely to start with his POV. The mother can, in the absence of ther husband, say who she wants to look after the boy if she dies, but she can't actually override the father's parental rights which rank higher than a sister's, and once in Ireland I'd say its a fait accompli that he keeps the boy. Unless, just possibly, the boy himself wants to return to America and can bring some sort of case on those lines.
"I was just curious on how Irish courts would react to this if the father was to bring the child over and the sister tried to fight for custody back."
Repeating myself :-) but if kid is born in the US, then afaik, as Hague Signatories, kid would be returned to US for custody dispute. If kid was born in Ireland, it's trickier!
The usual rule is that if a child is taken from the place where he usually live and brought to another jurisdiction, he must be brought back and the case judged under its laws. I forget the exact term for it, but a lot of nations are signatory to it.
When did the parents split up? If they were married in Ireland, and they split up in the early 90s, someone could make a claim that they would have gotten divorced if they'd be able to (it was only legalised in about 95) (and if he was abusive and the mother was willing to speak out about it, she may have been able to apply for a papal annulment, which should be acceptable for a Catholic)
Similarly, has the father been entirely absent from the son's life since the separation, or has he continued to have some kind of presence, legal or otherwise? If he's been in contact with the kid and providing support, then they'll have a much, much harder time trying to get custody off him. If they haven't heard a jot since he left, then they'll have a better chance at claiming it'll be unduly disruptive for the kid.
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The idea right now is that the father went to America and married an American woman. The marriage was rough, especially with the father being abusive, but no divorce was sought on either side due to religious reasons. I want the father to have left, preferably back to Ireland, when the boy was still young but alive, so early 90s would be a good bet for the situation I'm aiming for. The father has had minimal contact with the family, if any at all - but he'll claim that his wife refused to let him contact the kids and that he tried.
Can I ask if religious issues are taken into consideration in Ireland? In addition to a biological father filing for custody, if the father is a strict Catholic and wants his son to be raised Catholic, would that legally provide any leverage?
Thanks so much for your help!
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If the kid is American though, wouldn't the custody case have to take place in America? So I don't know if what the Irish courts would think would make a difference. As to whether religion would have a bearing, I don't know - officially, I don't think it would, but it would probably heavily depend on the judge he got.
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I'm still playing around with the details and trying to figure out the best way to set the situation up. I was just curious on how Irish courts would react to this if the father was to bring the child over and the sister tried to fight for custody back. I was curious if once the child was in Ireland, if Irish courts would have some legal say over the situation, considering at least the father is Irish himself. I also understand that most international child custody cases emerge because the country a child is brought to will follow its own laws and that's when confusion arises. Ultimately I do want the boy's sister to have custody again, so fuzzy legal circumstances are almost preferable... but I'm just trying to get an idea of what the sandbox looks like right now.
I suppose I could give the kid dual citizenship, considering he has (at the moment) one American and one Irish parent. I don't know if that would change the legal proceedings, but it would make the father bringing the kid to Ireland easier.
Thanks again. :)
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This suggests that, as with other countries, if the father has parental rights in Ireland, the court is likely to start with his POV. The mother can, in the absence of ther husband, say who she wants to look after the boy if she dies, but she can't actually override the father's parental rights which rank higher than a sister's, and once in Ireland I'd say its a fait accompli that he keeps the boy. Unless, just possibly, the boy himself wants to return to America and can bring some sort of case on those lines.
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Repeating myself :-) but if kid is born in the US, then afaik, as Hague Signatories, kid would be returned to US for custody dispute. If kid was born in Ireland, it's trickier!
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