Are you a parent who has recently separated from the father/mother of your children? A relationship breakdown is a painful time for both parents and the children of a family. It can be made even more painful when arrangements for the children cannot be agreed between both parents. Mediation is typically advisable as a means of negotiating a solution in the best interests of the children. However, in some cases mediation is unsuccessful and an application to the Family Court will need to be made. One question that may arise is where the child will reside, this is referred to as the child’s ‘residence’. Residence refers to where a child will live for the majority of the time. When a relationship breaks down, the question of residency can become a disputed matter. Residency can be resolved by agreement; however, the matter may need to be referred to the court. If you wish to receive tailored advice in relation to your individual family circumstance, please contact our team at Donnelly & Kinder Solicitors. A resident parent will be responsible for making the day-to-day decisions concerning the child. However, if the other parent holds Parental Responsibility, their input will be needed for bigger decisions relating to the upbringing of the child. Residency does not need to be court ordered, however, if there is a Residence Order in place this will define were the child lives until they reach the age of 16. In most cases there will be a resident parent, this is the parent with whom the child lives for the majority of the time. The other parent will then be considered the parent who is having ‘contact’ with the child. ‘Contact’ can range from indirect contact such as the exchange of letters, gifts, cards, text messages etc. to direct contact such as overnight stays. Contact arrangements will vary depending on the individual circumstances of each family. Contact can be court ordered by way of a Contact Order or can be simply agreed between the parents. It is also possible that a shared care arrangement can be agreed between the parents. Alternatively, a Joint Residence Order can be made by the court, which creates a shared care arrangement between the parents. If circumstances change after any court order is granted, an application can be made to ask the court to vary or discharge any order made. If the above is relevant to your circumstances, you will require a Solicitor who is both experienced and empathetic. At Donnelly & Kinder Solicitors, we tailor our advice to your own unique circumstances to achieve the best possible outcome for you and your family. We advise on all aspects of family law including Divorce, Matrimonial Agreements, the division of matrimonial finances and Ancillary Relief. Please contact Céadhra on 02890244999 or ccummings@donnellykinder.com for more information

In the wake of the breakdown of a marriage the process of divorce and financial separation can appear overwhelming and confusing. However, it can be made straightforward when the correct advice is given. It is your Solicitor’s responsibility to explain the process thoroughly, so you are able to understand and consider your options. There are two prongs to the breakdown of a marriage, the divorce, and the settlement of the matrimonial finances. It is advisable in most cases that the finances are dealt with in the first instance with a view to coming to an agreement between the parties as to the division of the matrimonial assets. If an agreement can be arrived at, it can be drafted into what is called a Matrimonial Agreement. However, if an agreement cannot be arrived at informally then the matter must proceed to Court for a Judge’s adjudication. In order to apply to the Court for Ancillary Relief (financial settlement) one must petition for divorce. There is only one ground for divorce and that is that the marriage has irretrievably broken down. However, there are five facts that can be relied upon and they are as follows: 1. Two-year separation with consent 2. Five-year separation 3. Unreasonable behaviour 4. Adultery 5. Desertion There are two ‘non-fault’ facts available in this jurisdiction and those are two-year separation with consent and five-year separation. Therefore, it is sometimes necessary for a fault-based petition to be used in order to issue proceedings immediately. Typically couples in this jurisdiction will petition on two-year separation with the consent of both parties. This is seen as one of the most amicable ways to divorce in this jurisdiction but requires a minimum of two years after separation before a petition can be lodged. If you require further advice in relation to divorce or separation, please contact our Céadhra Cummings by phone on 02890 244 999 or by email at ccummings@donnellykinder.com .