This is the legal term for the day-to-day care and control parents have of their children. It applies to children under the age of 18. Children live with the parent who has custody. Separated and divorced parents are often granted joint custody of the children, with one parent having day-to-day care and control. Sole custody is the other scenario which involves just one parent looking after the child.
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Obtaining a divorce in Ireland through the courts, allows both parties to a marriage to remarry or enter into a civil partnership. Once the court is satisfied that the required conditions are met, the court will grant the decree of divorce dissolving the marriage. When it grants the decree of divorce, the court may also make orders in relation to custody of children and access to them , the payment of maintenance and lump sums, the transfer of property, the extinguishment of succession rights, pension rights, etc.
The main difference between a divorce in Ireland and the other options below is that there is a legal requirement that in order to obtain a divorce, both parties have been living apart from each other for a period of 4 years out of the preceding 5 years.
In any application for a decree of divorce, the court can review any previous arrangements made by the parties such as a separation agreement or judicial separation particularly if the circumstances of either party has changed.
When a decree of divorce is granted, it cannot be reversed. Either party can apply to court to have any other orders made under the decree – such as maintenance – reviewed by the court.
Before a court can grant a divorce in Ireland, the following conditions must be met:
The parties must have been living apart from one another for a period amounting to four out of the previous five years before the application is made. There must be no reasonable prospect of reconciliation. Proper arrangements must have been made for the parties and any dependent members of the family. ... See MoreSee Less