Passport Applications and Sole Guardians

At  Shannons Solicitors in Swords we provide help for people who are applying for passports where the parent is the sole guardian of the minor. When making such a passport application, an Affidavit of Sole Guardian is required. This Affidavit must be completed and signed in the presence of a Solicitor or a Commissioner for Oaths like Vincent Shannon.

When filling out the Affidavit form, it should be accompanied by the regular passport application form, APS1 or APS2, depending in if the applicant lives in the State or abroad. The child’s long form birth/adoption certificate and previous passport, if applicable, is also essential.

If the child was born after 1st January 2005 and the parent is not an Irish citizen, other documents will be required and this can all be discussed with Vincent Shannon of Shannons Solicitors.

If you are making such a passport application, why not contact us on +35318401780 or email vincent@shannons.ie for advice and an immediate response. Or you can drop into us at 29 Main Street in Swords, Co Dublin.

Separations and Divorce- Know the Tax Implications.

Many of us may know the old joke about the husband replying to his wife ' I wasn't thinking of spending that much', when she asks for a divorce for Christmas. There's a lot of truth in this, however, and it's important to seek the right advice.

This post is about the tax implications regarding divorce or the decision to separate. It is so important to take the advice of a tax professional when considering separation as the assessable person will lose their married person's allowance and married rate band for a full year after the separation. 

Nearly every separation or divorce involves maintenance and if paying a legally enforceable maintenance payment, you will be entitled to a tax deduction for these payments. The receiving spouse, however, will be taxed on the maintenance payments.  

You will not be entitled to a tax deduction for financial settlements further to a Separation or Divorce and the recipient will not be subject to tax on such payments. You will be entitled to the married tax credit on such payments but not the married tax band. These differences are important and could result in huge savings or losses and it is important to get advice.  

It is also valuable to know that providing both people are resident in the State, the separated individuals can choose to be treated as a married couple for income tax purposes. As well as that, maintenance payments are included in a legally enforceable Separation Agreement or Court Order.  

Submitting a joint election may solve signing documents into the future which, we know, many separated people do not want to do. In this event, maintenance payments are ignored for tax purposes which might be a considerable advantage and if a couple are on good terms, despite separation, this would be the way to go.  

Maintenance payments in any event, made for the benefit of children, are ignored for tax purposes. In relation to capital taxes, transfer of property is regarded as a no gain/no loss situation and liability will arise in the year of separation. Any capital losses may be transferred between the spouses in the year of separation. 

Tim Shannon has over 30 years experience with Family Law and is here to help you and give any advice about the situation you may be faced with regarding your separation or divorce.  

Based in Swords, Co. Dublin, you can call Shannons Solicitors on 01-8401780 or e-mail tim@shannons.ie for a quick and informative reply.

Guardianship

On a previous post, we touched on Unmarried Parents and custody. To see all of Shannons Family Law related posts, just click on the tag to right of this page: 'Family Law'.

Guardianship means the rights and duties of parents regarding the upbringing of their children. It is the duty to maintain and properly care for a child. It includes and is not limited to the right to apply for a passport for the child and the right to make decisions about where a child will live, a child’s religious denomination, their education, medical decisions and requirements and their general welfare. As previously stated, a married father is automatically his child’s guardian. Guardianship is presently governed by the Guardianship of Infants Act 1964 as amended by the Children Act, 1997. An application for Guardianship is made under Section 6A of the Guardianship of Infants Act 1964, as amended.

It obliges the mother of the child to involve the father of the child in important decisions concerning the child’s welfare. When a father is appointed a guardian of the child the mother of that child cannot leave the country without the father’s consent. If she does so and fails to return, this is considered the criminal offence of child abduction and she can be subject to criminal

A guardian of a child can appoint a testamentary guardian in their Will. This is a very important part of being a guardian and we highly recommend that this is done. The parent attends us and makes a Will appointing a person to act as guardian, in their place, if they die. This testamentary guardian can then apply for custody of the child. It is specifically important for single parents to do this as it ensures that the child will have a guardian of their choice should they die.

Alternatively, an application can be made to Court to have a person appointed guardian where the child has no guardian. Making a Will therefore alleviates this problem. If a testamentary guardian is appointed and another guardian is surviving, both guardians will act jointly with each other and have the right to apply for custody of the child. This can be applied for by attending at our office or alternatively attending in person at your local District Court office.

To talk to Tim Shannon, an expert in Family Law, don't hesitate to call the office in Swords on 01-8401780 or e-mail tim@shannons.ie

The Civil Partnership Act, 2010

The Civil Partnership Act, 2010 deals with not only the registration of civil partnerships for same sex couples but also sets up a scheme for unmarried co-habiting couples both of the same sex and opposite sex who can now legalise their relationship and Tim Shannon of Shannons Solicitors is a specialist in this area and was instrumental in drafting the first Co-Habitation agreement.  The new Act of 2010 does the following:-

1.      Sets up a redress scheme which provides protection for people at the end of a long-term same sex or opposite sex relationship. The Court can make Orders similar to those made by Court in Divorce or Separation proceedings  including property adjustment orders, compensation orders, maintenance orders, pension adjustment orders and applications for provision from the estate of a deceased co-habitant.  

2.      The Act sets out the definition of a qualified co-habitant as a couple of the same sex or opposite sex living together for a period of two years or more where they are parents of one or more dependent children and five years or more otherwise.  

3.      Each case will be dealt with on its own merits but the court will be mindful of the following when deciding if couples at the end of a relationship come within the meaning of co-habitant;

                                   i.            The duration of the relationship. 

                                ii.            The basis on which the couple live together.

                              iii.            The degree of financial dependence of either adult on the other.

                              iv.            The degree and nature of any financial arrangements between the adults.

                                 v.            Whether there are one or more dependent  children.

                              vi.            Whether one of the adults cares for  and supports the children of the other.

                            vii.            The degree to which the adults present themselves to others as a couple.

4.      In general the co-habitants must prove that they live together in an intimate and committed relationship and that they are not related to each other within the prohibited degrees of relationship or married to each other or civil partners of each other.

If you would like to talk about the effects of the new legislation on you or your partner or if you would like to discuss the drawing up of a co-habitation agreement please call Tim Shannon, based in Swords, at 01 840 1780 or send an e-mail to tim@shannons.ie 

Unmarried Parents

When it comes to parent's rights and status regarding their children, in Ireland it highly depends on whether the parents are married or not. It may be common knowledge but a married father has joint custody and is the joint guardian of the child. An unmarried father would not have these rights automatically and would have to apply to the Courts for them.

When a child is born, the mother, on the other hand, has sole custody and sole guardianship. Again, the father does not have automatic rights and must apply in the District Court for custody and guardianship.

Many fathers are unaware of their rights if a relationship, unfortunately, comes to the end and it's extremely important to know. Being ignorant of the subject could fare badly for the father when it comes to seeing their child. Of course, the most important factor is the welfare of the child- it is within the rights of the Court to decide and consider what is at the child's best interests and safety. Access to the child is the right of the child and not just the parents.

Laura and Tim Shannon are experts in Family Law at Shannons Solicitors in Swords, Co. Dublin and are here to help you with any queries you might have about the aftermath of a relationship and to talk to you about your rights. If you're looking for legal advice that's free, confidential and expertly given, don't hesitate to call Shannons on 01-8401780 or e-mail vincent@shannons.ie