Non-EU mother wants to take Irish child outside EU?

[moritorium]

Does anyone know the law concerning the movement of an infant outside the EU?

The case concerns an unmarried couple: an Irish father and non-EU mother. The pair are recently split-up and have an infant together. We fear the mother may take the child to her home-country, possibly permanently, under the guise of a summer holiday.

Can she unilaterally take the child outside the EU? Or does she need the father's consent to travel?
What rights does the father have in terms of keeping his child in Ireland?

Both parents are named on the child's birth certificate and the child has an Irish passport. The mother travels on her non-EU passport.

The pair are on moderately amicable terms, but have not agreed future guardianship arrangements yet.

 

[fababby]

I am sure you can get more qualified advice on here but at a basic level - the unmarried father has no (automatic) rights whatsoever. The name on the birth cert only establishes paternity and does not give the father any rights. The Mum can take her child anywhere she wants as she has guardianship rights which Mums have automatically at birth. If it is amicable, maybe she will agree to giving the father guardianship rights by signing the relevant S.I 5 of 1998. Then she will have to consult the father on any major decisions in child's life. If not, the father will have to go to court to assert his rights. A lot of information on www.treoir.ie on this topic.

Good Luck, A