Married parents are automatically joint guardians of their children. Neither separation nor divorce changes this.
- You cannot refuse either parent to collect their child unless a court order is in place.
- You should ask that parents give you information on any person that does not have legal access to the child. This can be done at enrolment.
- Where custody of a child is granted to one parent, you should ask that parents clarify the circumstances. This information should remain confidential and should only be made known to the relevant staff. If there are any legal documents i.e. custody order, barring order you should ask parents to provide copies to keep on file.
Attempted collection by a parent who has been denied access in a court order:
- A parent who has been denied access to a child through a court order should not be permitted on to the premises
- If the parent who has been denied access becomes threatening or violent and insists on removing the child from the service, this should be viewed as trespassing. The service will in this event contact the Local Gardaí.
By law, an unmarried mother is the automatic guardian of a child born outside of marriage. In some circumstances, unmarried fathers have automatic access. The service should be informed about access rights. Unmarried fathers will automatically become guardians of their children if they meet a cohabitation requirement. An unmarried father who cohabits for 12 months with the child's mother, including 3 months following a child's birth, will automatically become the child's guardian. This provision is not retrospective, so guardianship will only be acquired automatically where the parents live together for at least 12 months after 18 January 2016.
