In any dispute over child custody or access, the Irish courts are guided by a single, overriding principle: the best interests of the child.
This principle is enshrined in statute and constitutional jurisprudence. It means that the court's primary concern is not the rights or wishes of either parent, but rather what arrangement will best serve the child's welfare.
Factors the Court Considers
When determining custody and access, the court will look at a range of factors, including: • The child's age, maturity, and wishes (where appropriate) • The capacity of each parent to meet the child's physical and emotional needs • The quality of the child's relationship with each parent • The stability of each parent's home environment • Any history of domestic violence or substance abuse • The desirability of maintaining continuity in the child's care and education
Types of Custody
Custody can take various forms. Joint custody (where both parents share decision-making) is increasingly common, but does not necessarily mean equal time with the child. Sole custody may be granted where one parent is unable or unwilling to participate meaningfully in the child's upbringing.
Access (also called visitation) is typically granted to the non-custodial parent, unless there are serious welfare concerns. Access arrangements should be clear, realistic, and capable of working in practice.
If you are involved in a custody dispute, it is essential to focus on your child's needs and work constructively with your legal team to present your case effectively.