Guardianship application by father seeking residency rejected

Judge said man had not displayed any understanding of role of guardian

A man who admitted he was applying for guardianship of his infant daughter to help with his residency in Ireland had his application rejected at the Dublin District Family Court yesterday. The court heard the father had only seen his daughter four times since she was born. While he appeared in the court unrepresented, he said he had a solicitor to deal with his residency application.

With the help of an interpreter, he told the court the solicitor was “assisting him to process residency based on the baby” and “that was what he wanted to use”. With the help of an interpreter, he told the court the solicitor was “assisting him to process residency based on the baby” and “that was what he wanted to use”.

Under questioning

Under questioning from the mother’s barrister, he conceded he had never paid maintenance for the child and had never lived with the mother.

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He said he had been ill in hospital for a time, but he claimed he had bought “everything for the baby” before she was born.

Judge John Lindsay asked the father what he thought the role of a guardian was. The father responded it was to care for a child and provide food.

The mother of the infant girl, through an interpreter, said the father had never requested access or asked to marry her or to have a "proper relationship". His request for guardianship was "shocking". Dismissed the application Judge Lindsay dismissed the application. The father "had not displayed any understanding of the role of a guardian", he said.

In another case, a man who was formerly homeless asked for increased access to his infant daughter. The mother of the child, who was heavily pregnant, sought a safety order to protect her from the father. She claimed he had hit her in the head repeatedly in front of her friend and had also threatened to “punch the head off me”.

The father denied violence and said access was two hours a week because he was homeless, but he now had a house. He claimed the mother attacked him while she was drunk and also said he spent time in her home. “She is pregnant with my kid,” he said. “I can show you the scans she sent me.”

“It’s not yours,” the woman interjected.

The father said he wanted to spend time with his daughter and have a relationship with her.

Judge Lindsay said access was good for a child and increased it to seven hours over two days. He dismissed the safety order application as there was “a complete conflict of evidence” and no witnesses.

Fiona Gartland

Fiona Gartland

Fiona Gartland is a crime writer and former Irish Times journalist