It’s natural to be anxious or angry during family breakdown.
Speak to us. It’s your first step to regaining control.
Find your feet and voice again.
We understand how difficult it is when your relationship breaks down. It’s natural to feel helpless and worried about the future for you and your children. We will give you the right professional advice and legal guidance to help you find your feet and voice again.
Family law can be overwhelming. We will take the time to explain how the family law system works and work with you so you can be clear on the best steps to take. We appreciate the needs of your children and whenever possible we encourage as amicable co-operation as possible.
We can often negotiate many important aspects of your family law agreement with your partner. But when this is not possible, we will robustly represent you to secure and defend you and your children’s rights and interests.
TMR Fitzsimons offer the Civil Legal Aid Scheme for custody, access, maintenance and domestic violence matters.
WE REPRESENT CLIENTS IN A FULL RANGE OF FAMILY LAW MATTERS
Separation and Divorce
If your relationship breaks down, you will face difficult decisions especially about children and finances. To divorce, you must have lived apart for two of the previous three years. Many couples start with a separation agreement, or if they cannot agree terms, ask the courts to make a judicial separation order. Legal advice at the outset will help you avoid costly mistakes.
How key decisions are made about the upbringing, schooling and welfare of your children is of practical and emotional importance. A mother is automatically a guardian of her child as is a married father. An unmarried father may need to bring a court application. A guardian has decision making capacity in respect of a child.
The safety of you and your children should be your first concern when you are threatened with violence. It is an offence to breach a Protection, Safety or Barring Order and Gardai have the power to arrest without warrant if this happens. When you apply for protection you will automatically be granted a Protection Order until the court hears your application in full.
Custody and Access
Agreeing arrangements for children can be extremely stressful. Usually one parent is granted custody and the other will have access rights. A judge will consider what is in the best interests of the children in the long term. They will try to preserve parent-child relationships, where there are risk factors, a judge will often grant supervised access rather than refuse access altogether.
There is a legal obligation for spouses to maintain each other and their children, in accordance with their means. If you are not married, your partner will still have a responsibility to provide maintenance for children. Dependent children are generally under eighteen or twenty-three if in full time education.
FAMILY LAW: WHAT YOU SHOULD EXPECT
Take legal advice at the earliest opportunity. It will help you get back in control, saving time and anxiety. Take the first step simply by calling us on 041 9843534 for a discrete free conversation.
We will meet with you to talk through your circumstances and options. This free appointment will help you decide what matters most, what you want to gain out of the process and where to start.
We treat your partner with civility and respect. It helps reduce tensions and keeps the situation as co-operative as possible. Remember, if you have children, you are parents together for life.
We will ensure that you are aware of how we can help and costs and how these can be paid. We will take your calls and return your emails promptly, answer your questions and be friendly and approachable.