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Custody in annulment case

Fatherhood is the biggest sufferer of discrimination in Irish Law. I won annulment in 2008 and I have to go back now for custody order

Although this looks like a straightforward question, it is very unusual because this listener won an Annulment and that means a declaration by the Court that the marriage never happened. This means he is now a single father.

 

As I have said before on the programme, parents of children actually have no rights -  it is their children who have all the rights and the Court will determine guardianship, custody and access solely on the basis of benefit to the child or children.

 

My advice to this listener is that he should prepare his case for custody on the basis that he can provide a better childhood for his children in terms of love, care, nurture, security, financial resources and education, than the mother. He should also prove that he is a good and fit father in every respect and that the mother is not.

 

If this listener has a legal team, they should be instructed with all the details necessary to put this aspect of the case before the Court.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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