Family Law Guide for parents separating or getting a divorce
Getting legal advice on how any dependent children will be cared for is often the most important action.
It is important that you get legal advice from a solicitor who has expertise in this field of Divorce Law.
Book a Consultation with Family Law Solicitor Michael Burns on +353-1-567 7343
or use the contact form here
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The team was professional, efficient, and always handled everything on time. They guided me every step of the way, making a difficult situation much easier to manage. I’m extremely happy with their service and truly grateful for their help.
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Irish law approaches these decisions with one clear priority: the welfare and best interests of the child.
Whether arrangements are agreed privately or determined by the court, this principle guides every step of the process.
The Guiding Principle: The Best Interests of the Child
Irish law requires that all decisions relating to custody, access, and guardianship must place the child’s best interests first. When assessing an arrangement, the court may consider:
- The child’s emotional, physical, and educational needs.
- The quality of the child’s relationship with each parent.
- The importance of stability and routine.
- Each parent’s ability to care for the child.
- Any special needs or safety concerns.
- The views of the child, where appropriate.
The objective is to ensure a safe, stable, and supportive environment, while promoting strong relationships with both parents where appropriate.
Guardianship vs Custody vs Access
Understanding the distinctions between these terms can help parents navigate the process more clearly.
Guardianship
Guardianship involves the right and responsibility to make major decisions about a child’s upbringing – such as education, healthcare, and overall welfare. Most married parents are joint guardians automatically.
Custody
Custody relates to the everyday care of the child and where the child ordinarily lives. Custody may be shared or held by one parent, depending on the child’s needs and the circumstances of the family.
Access
Access describes the arrangements for the parent with whom the child does not primarily reside. This may include daytime visits, overnights, weekend time, holidays, and indirect contact (such as video calls).
- See also our Family Law pages on: Financial Asset Settlements, Transferring Property Assets and Pension Adjustment Orders
Creating Effective Co-Parenting Plans (The Amicable Route)
When parents can cooperate, creating a joint parenting plan can greatly reduce stress and uncertainty. A good co-parenting plan typically outlines:
- Weekly and weekend schedules.
- Holiday and special occasion arrangements.
- How decisions will be shared.
- Communication methods between parents.
- How unexpected issues or changes will be handled.
These agreements can be kept informally, put in writing, or later formalised through the court.
Applying to the Court for Section 117 Orders (Where the Agreement Is Uncontested)
If parents agree on the arrangements, they can ask the court to make them legally binding by applying for a Section 117 Order under the Guardianship of Infants Act. This is usually a straightforward process, as the court’s primary role is to confirm that the agreed plan is in the child’s best interests.
Mediation and Resolving Disputes Over Access
If parents cannot reach agreement on custody or access, mediation can be a constructive first step. A trained mediator helps facilitate discussions, identify areas of agreement, and guide parents toward a child-centred solution.
Where mediation does not resolve the dispute, either parent may apply to the court. The court can:
- Make detailed custody or access orders.
- Seek expert assessments where necessary.
- Establish structured schedules and conditions.
- Put protective measures in place where safety is an issue.
Court intervention is generally a last resort but ensures that decisions are made with the child’s welfare at the centre.
Get legal advice from Michael Burns of MB Solicitors who has expertise in this area of Family Law
Use the Enquiry Form below – or phone Michael Burns on +353-1-567 7343.