Family Law

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family law

If your relationship has broken down, you are contemplating divorce or separation or need other expert family law advice in relation to your rights and entitlements or those of your children, Romaine Scally & Co, have vast experience in advising clients on all aspects of Family Law. We have a particular association with all aspects of Family Law for over a generation. Services include Divorce, Separations, Guardianship and Maintenance applications. Call us for further details

We appreciate relationship breakdown and dealing with family law solicitors can be extremely traumatic for all those involved. We believe that parties should be given clear and straightforward advise and assisted in achieving a positive settlement as quickly as reasonably possible. Where this is not possible and legal proceedings are required, we can assist you in the process.

We cover all aspects of family law advice to include: –

Separation

When a marriage, civil partnership or other relationship breaks down the consequences can be both traumatic and life changing. In order to properly protect your interests and those of your children and dependants it is advisable to enter into a formal legal separation agreement. If there are other alternatives to separation we can discuss these with you together with all the practical issues that can arise include your living arrangements, custody, guardianship and access to children together with maintenance, property division, pension rights and succession rights.

A Separation Agreement can often be the basis on which a later divorce order is made and in the vast majority of cases a Separation Agreement can be reached by negotiation, mediation or other means. Depending on the circumstances however, it may be necessary to have a Separation Agreement approved by court. This then becomes a Judicial Separation. Where the parties cannot agree, the matter may be brought before the Courts and the Court’s Order will be a Judicial Separation.

For further information on any of our services or to make an appointment, please contact us by calling 01 4599506, by emailing us at legal@scally.ie or by filling out our online contact form. We will ensure your query is forwarded to a member of our staff who specialises in area and they will contact you to discuss the matter further.

Divorce

Divorce formally brings a marriage to an end and leaves the parties free to remarry or enter into a civil partnership. To obtain a divorce in Ireland certain conditions must be fulfilled and we can discuss these with you in detail but the key criteria are that the parties must have been living apart for four of the five years before application is made and there must be no reasonable prospect of reconciliation. As only the court has power to grant a divorce in Ireland, even where agreement is reached between the parties, it will still have to be approved by court.  The courts are particularly mindful to protect the interests of children and vulnerable persons.

Where agreement is not possible the court can be asked to decide upon the issues in dispute.

For further information on any of our services or to make an appointment, please contact us by calling 01 4599506, by emailing us at legal@scally.ie or by filling out our online contact form. We will ensure your query is forwarded to a member of our staff who specialises in area and they will contact you to discuss the matter further.

Civil Partners, Cohabitees & Non-Marital Relationships

There has been an ever-changing landscape in Ireland over the past decade with the provision of legal recognition and protection for civil partners, cohabitees and for other non-marital relationships whether of the same or opposite sex. As a result marriage-like benefits are now available to gay, lesbian and opposite sex couples who have registered their civil partnerships. Unfortunately, some of these relationships fail. If you are in that position we can provide you with the legal advice and guidance you need.

For further information on any of our services or to make an appointment, please contact us by calling 01 4599506, by emailing us at legal@scally.ie or by filling out our online contact form. We will ensure your query is forwarded to a member of our staff who specialises in area and they will contact you to discuss the matter further.

Custody & Guardianship

Custody and Guardianship come from one fundamental principle, the “Interests of the Child come First”. The law treats the interests of children as paramount and this has been reflected in the Children and Family Relationships Act 2015.

Custody provides for the day to day care and control of dependent children. In the case of unmarried parents, the mother is deemed to be the sole custodian of the child. Guardianship on the other hand allows for an input into the making of all the major decisions in the child’s life e.g. where the child lives, goes to school, religious upbringing, medical procedures, passport applications.

Generally married parents are joint guardians and remain so after marriage even if the child spends most of his or her time with the other parent.

If a child is born outside of marriage, the mother is automatically a guardian. The position of the unmarried father of the child is somewhat more complicated. In certain circumstances, an unmarried father will automatically become a guardian or in the alternative an application can be brought before the District Court for guardianship rights, if they cannot be obtained by agreement.

For further information on any of our services or to make an appointment, please contact us by calling 01 4599506, by emailing us at legal@scally.ie or by filling out our online contact form. We will ensure your query is forwarded to a member of our staff who specialises in area and they will contact you to discuss the matter further. 

Access

Access is the right to see and communicate with the child and is often referred to as visitation rights. The law considers that the right to access to a parent is in fact a right of the child; this is why an access to a child order will be decided by the Court whilst looking at what is in the best interests of the child.

Generally, it is very unusual for a Court to not grant a parent access to their child but may, where necessary, make a supervised access order to allow to this to happen where the circumstances demand it.

In some situations it may be possible for a parent to come to an informal arrangement whereby a non-resident parent may have access to his/her child on a regular basis without having to go to court. If this is not possible then an access application can and should be made to court. An unmarried father can apply for Access whether or not he is a Guardian. He can do so even if his name is not on the birth certificate, or where his application for joint guardianship has been refused. The Children’s Act, 1997 gives any person related to the child by blood, such as grandparents, or by adoption, the right to apply to the District Court for permission to apply for access.

For further information on any of our services or to make an appointment, please contact us by calling 01 4599506, by emailing us at legal@scally.ie or by filling out our online contact form. We will ensure your query is forwarded to a member of our staff who specialises in area and they will contact you to discuss the matter further. 

In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

 

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