Over the years I would say that in every 10 applications for guardianship made by unmarried men, two or three are on consent and the rest are contested.

Of the cases that are contested, the majority result in orders for guardianship being made but in a significant number of cases, this will only happen following a number of adjournments where the father has to prove that he really does have the best interest of his son or daughter at heart. 

Do you know what guardianship means? It means the right to be “consulted” in relation to decisions concerning the child’s upbringing including education, health and welfare generally. Some definitions say that a guardian can make these decisions but that is not the case where the mother has custody. It is only the right to be consulted. No court in Ireland is going to allow an unmarried father to have a genuine say concerning what school his son or daughter is to go if the mother with full custody rights has a different view. 

In my view, guardianship in law means almost nothing unless the mother is prepared to cooperate and genuinely engage with the father. 

Recentl,y however, I came out of court with a father, who had just been granted guardianship rights by the judge. He was ecstatic. The mother had fought the application tooth and nail. I asked him why he was so happy and he said that the judge said he now had the right to make decisions concerning his son’s upbringing. He said he had been entirely ignored by the mother up to know. I shook his hand and wished him the best and I was happy that he was happy. 

Unfortunately, I expect to be seeing a lot more of this particular client.