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| Family Law |
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With over 20 years of experience in the area we have had a reputation for taking on and dealing with Family Law. Traditionally this is one of the more demanding areas of law and one many lawyers shy away from. It involves the client going through one of the most difficult times of their lives and requires a cool head and steady hand to help guide them. We pride ourselves in dealing with the most complicated and difficult cases in a sensitive and practical way.
With so many years experience behind us in District Court, Circuit Court, High Court and Supreme Court as well as assisting our clients with Litigation overseas we can be confident of providing you with the expertise you need in any of these areas below and more. Mediation in this area is becoming more and more popular as a method of allowing damaged relationships to move forward and Elaine Callan is an accredited Mediator with specific training in this Alternative Dispute Resolution Process. |
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| Judicial Separation |
| This requires a Court Application. If one party refuses to engage in negotiation, mediation or the parties simply cannot reach agreement then this option is the next step. It allows the parties to deal with all issues including division of property, maintenance for both children and spouses, pensions and the various entitlements, custody and visitation rights to children. Often agreement can be reached before the matter reaches court and the Court can simply make an order in the terms the couple have agreed. |
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| Divorce |
A court may grant a Decree of Divorce:
- if the parties were married,
- have lived apart for three out of the previous four years,
- have no prospect of a reconciliation
- proper provision has been made for them and the children
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| Separation Agreements |
| A Deed of Separation is a document drafted by the solicitors for each party after an agreement has been negotiated. It can deal with most aspects of the separation including the property and all arrangements regarding the children. There is no need to attend court and the costs are usually much lower as a result. |
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| Domestic Violence |
| We provide advice and assistance in obtaining Safety, Protection and Barring Orders. In case of emergency you can apply direct to the Family Law Public Office in Dolphin House, East Essex Street, Dublin 2 (Behind the Clarence Hotel) |
| Link to www.courts.ie |
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| Child Custody/Access |
| Protecting children from the trauma of the separation is of vital importance and needs to be handled sensitively. Issues between the parents about the care of the children can be resolved by way of mediation, negotiation between solicitors, settlement meeting, collaborative law or application to the District or Circuit Court. We provide assistance in all these areas with an emphasis on protection of the interests of the children |
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| Guardian Ad Litem |
| If a child or a vulnerable adult requires representation before a court then a Guardian ad Litem can be appointed to make sure their interests are protected. In the case of a fraught custody dispute or a spouse with severe psychiatric problems or debilitating illness a Guardian ad Litem can stand in their shoes during a Divorce or Separation avoiding the need for them to attend court and ensuring that the court still hears their position. |
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| Abduction/Hague Convention |
An area of particular interest to the firm, we have acted in relation to Abduction cases between the UK, United States, Australia and Europe as well as advising on internal abduction cases.
To date in all cases we have achieved a positive outcome for our clients and their children.
In case of emergency contact (01) 479 0200 |
| http://www.inis.gov.ie/en/JELR/Pages/Applying_for_the_return_of_a_child |
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| Guardianship |
We provide advice and services on the position of unmarried fathers, grandparents, relatives in loco parentis, co-habiting couples and adoption/guardianship conflicts. Many guardianship arrangements can be dealt with by statutory declaration or District or Circuit Court Orders.
As things currently stand in Ireland an unmarried father has no rights in respect of his children unless he makes application to the court or unless a guardianship declaration is signed by the mother granting him joint guardianship. This is the case even if the couple had been living together for many years. It is hoped that legislation will soon be brought in to bring some equality to fathers rights in Ireland as it puts them in a very vulnerable position if the relationship between the father and mother breaks down. |
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| Maintenance |
| Spousal (Husband/Wife) or for children. |
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| Parentage disputes |
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| Mediation |
| We offer mediation as a service to parties who wish to resolve their differences through this medium, we also provide lawyer assisted mediation service to our clients who are involved in mediation. |
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| Partition of Joint Property |
| Many unmarried couples, co-habitees or same sex couples have purchased property together only to find the relationship breaks down. We can advise and assist them in dividing their assets and going their separate ways by way of Partition Application. |
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| Co-habitation Agreement and Separations |
| The 2010 Cohabitation and Civil Partnership Act introduced new legislation which changes the rights between certain couples who were cohabiting on or after the 1st January 2011. In some cases parties can become qualified cohabitants which allows them to make application for orders similar to those given in Judicial Separation and Divorce cases such as property adjustment orders and maintenance orders. Couples can elect to opt out of this act by entering into a Co-habitation Agreement which can deal with how they want their property and incomes to be dealt with in the event that they separate. It is similar to the idea of a Pre Nuptial Agreement or pre-nup. |
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| Pre-Nuptial Agreements |
| A phrase we associate with Hollywood more than Ireland this is an agreement that is believed will be of persuasive weight if brought before a Family Law judge after a marital split. Certainly more persuasive than none at all. The legality of the agreement has no actual basis in Irish Law but the current thinking leans towards requiring a judge to have regard to a pre-nup. Having said that a judge is not obliged to disregard such agreements as things stand so even in the absence of new law they still could be a very important agreement to have in place. This is particularly so in second marriages or partnerships where there may be more complicated relationships with step children and wider family groups. With over 20 years of experience in Family Law we have the expertise to help forsee the possible outcomes of a separation that might never happen, and help you find a fair way to deal with them. |
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| Civil Partnership Dissolutions |
| Welcome as the new Civil Partnership Act is, there is little doubt that some couples will find their relationship unworkable and seek to dissolve same. Our vast experience in Judicial Separation and Divorce gives us the expertise you need on advising how to proceed and applying for dissolution of a Civil Partnership. Dissolution of Civil Partnerships can take place if the parties are apart for two out of the previous three years and proper provision has been made. |
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| Relocation |
| During the boom times people flocked from all over the world to live and work in Ireland and the Irish travelled extensively thanks to low-cost airlines and the shrinking of the global village. Relationships were formed between people from different jurisdictions and cultural backgrounds and people settle down and had families often far from home. Inevitably, some of these relationships broke down leaving the couple with the dilemma when one or the other wished to return to their place of origin. Applications before court to determine whether or not a parent should be allowed to travel with the children to set up home in their place of origin have become more and more frequent. These applications are made in the District Court or the Circuit Court. |
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| Contact: |
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| Elaine Callan |
| ecallan@carvillrickard.ie |
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| Relevant Articles: |
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| Subject | Publication / Date | | Father’s fight for access among cases at Dublin Circuit Family Court | Irish Times, Jul 18, 2014 | | Adoption body need not inform natural fathers, court rules | Irish Times, Jun 25, 2014 | | Judges concerned about media access to affidavits in family law cases | Irish Times, Jun 9, 2014 | | Shatter hails unanimous Dáil support for same-sex marriage | Irish Times, Dec 18, 2013 | | Referendum on separate family court system will be held in 2014, says Minister for Justice | Irish Times, July 8, 2013 | | French (Marriage Rights) Bill set to pass after long and bitter debate | Irish Times, Feb 11, 2013 | | Courts must hear children's views if poll passes, says expert | Irish Times, Oct 5, 2012 | | Transgender legislation due within weeks | Irish Times, Sep 8, 2012 | | Mediators should be trained to include children | Irish Times, Aug 20, 2012 | | Push to enshrine in law genetic mothers' rights in surrogacies | Irish Times, July 10, 2012 | | Mediation scheme saves on legal costs | Irish Times, June 14, 2012 | | Proposals soon on age of consent | Irish Times, June 1, 2012 | | Child protection Bills published | Irish Times, April 25, 2012 |
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