Children & Custody

Children are usually caught in the middle when a marriage is in difficulty or ends.

 

In a separation/divorce, custody, which refers to the day to day care and control of dependent children will have to be determined. Normally, one parent is granted custody though it is possible for both parents to have joint custody upon agreement.

 

If agreement over custody can't be reached, the parents can apply to the courts for custody.

It is up to the court to decide as to what is in the best current and future interests of the children.

 

Children also have the right to see their non-custodial parent. The parents can either agree on arrangements for access or the court will impose the arrangements depending on the circumstances and in the interests of the children. Grandparents can also apply to the court for access to their grandchildren.

 

Maintenance

Depending on the income and needs of either parent and children, maintenance may have to be paid by one of the parents/spouses. Children under 18 years, or 23 years if in full time education, are considered dependants. For the spouse, age, income and ability to take up employment will be considered for maintenance purposes.

 

The District Court can only award up to €500 per week to a spouse and €150 per child per week.

 

If a spouse wants to get more than these amounts they must apply to the Circuit Court. Maintenance payments can be paid on a fixed regular basis payments or in a lump sum. The maximum lump sum maintenance payment at District Court level is €6,348.

 

 

If a spouse fails to pay maintenance, an Attachment of Earnings Order can be sought from the court if the person is employed, on social welfare or on a private pension. The employer/organisation who pays the spouse can be ordered to deduct maintenance from his/her salary/payment.