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Child Law

Children are among the most vulnerable members of society, and the law protects them in various ways until they are deemed to be able to interact in society as adults. The welfare of the child is paramount, and children who are deemed to be in danger can be taken into safety by the Gardai. Some of the ways in which children are treated differently to adults are:

• the criminal justice system
• child abduction
• custody, access and maintenance

Children and the Criminal Justice System

The Children Act 2001 Act is based on the philosophy that children in conflict with the law should only be placed in custody by the state as a last resort - there are many alternative measures which should be explored before detention in a child detention school can be considered. Only boys who were under 16 and girls who were under 18 at the time of being remanded by the courts can be placed in child detention schools.

Child Abduction

Child abduction is the term used to describe a situation where a child is removed from the person who has the legal right to custody without that person’s consent. The abductor may be any person but often it is one of the child’s parents. If you believe your child is at risk of abduction, contact Frizelle O’Leary & Co Solicitors in Enniscorthy for legal advice about the steps you should take. This includes advice on gathering important information relating to your child, which will be required if your child is abducted, as well as on other steps you can take to reduce the risk.

Child Custody

In the area of Custody, Guardianship or upbringing of an infant, the Court regards the “welfare of the infant as the first and paramount consideration”. If you wish to make, or respond to, an application for custody of your child, your first port of call should be a family solicitor. Frizelle O’Leary & Co Solicitors in Enniscorthy can guide you through the complex steps of child custody cases and advise you on your likelihood of success, as well as counselling you on the arguments that you and your opponent might rise.