A chara, - An unmarried father has merely to agree with the mother that they both sign a short declaration in front of a solicitor, in order for the father to become a legal guardian of the child. (This declaration is available as SI no.5 of 1998 from the Stationery Office). Then any proposed removal of the child from the jurisdiction can be prevented by the Irish courts.
It is important that unmarried couples do this, so that they can show their commitment to each other and to the child.
If the mother refuses to sign the declaration, then the father can apply to the District Court for an order that he be made a guardian. If he is a good father, the court will appoint him a guardian, whether the mother likes it or not. A father can do all of the above himself, including the court application, without the need for a lawyer.
The law has evolved in this way to make sure that nominal or bitter fathers, with only a destructive agenda, cannot disrupt the functioning of the already difficult life of the single-mother family. - Yours, etc,
MUREDACH DOHERTY,
Solicitor,
Lower Camden Street,
Dublin 2.