Courts.ie - Custody

What is custody?

Custody means having responsibility for the day-to-day care of a child or children under the age of 18.

Custody can become an issue where a child's welfare needs to be legally decided upon. This often follows the judicial separation, divorce, dissolution of a civil partnership or cohabiting arrangements of the child's parents.

There are two categories of custody:

Sole custody is where one parent or person appointed by the court is responsible for the child's day-to-day care.
Joint custody is where both parents or two people appointed by the court are responsible for the child's day-to-day care. If joint custody is not to be shared equally, agreements or decisions can be made about who will be the primary carer of the child. The primary carer is the person who has most parenting time with the child.

Custody should not be confused with guardianship, which is the legal responsibility of a person to perform duties regarding a child's upbringing and welfare. Nor should it be confused with access, which is the legal right of a child and an adult to have contact with one another if they do not live together.

Automatic custody

You may already have automatic custody rights. This means you do not have to apply to court for custody of your child. The following people have automatic rights:

A mother who is not married to the father has automatic sole custody of the child.
Married spouses living together have joint custody.

Custody by agreement

Both parents agree on joint custody. You can reach agreement about custody arrangements together, or with help from a mediator or solicitor. You may ask a judge to make your agreement a rule of court so it has the same effect as a court order and can be enforced.

More information on mediation and legal help >

Custody decided by the court

If you do not have automatic rights or cannot reach agreement, you can apply to the court for custody. The examples below show who may need to apply. This is not an exhaustive list.

Most applications are made to the District Court. Applications can also be made to the Circuit Court, often as part of a judicial separation or divorce case. You might want to get legal advice for your situation.

Parents disagree about custody

Where the parents cannot agree, either parent can apply to the court for joint or sole custody. The judge may consider the child’s views where their age and level of understanding make this appropriate.

Relatives of the child

Brothers, sisters, aunts, uncles, and grandparents can apply to the court for custody of a child.

Guardians of the child

Any person who is currently a guardian (including a temporary guardian) who does not have custody may apply to the court for sole or joint custody.

Step-parent, civil partner or cohabitant

A person who lives with the child and is or was married to a parent, or in a civil partnership with a parent, or has been a cohabitant of the parent for a minimum of three years, may apply to the court for custody. They must also have co-parented the child for at least two years.

Other adults

A person who has provided for the child’s day-to-day care for a continuous period of more than one year may also apply to the court for custody. This applies where the child has no parent or guardian who is willing or able to exercise guardianship responsibilities.

Custody