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Ex attempting to reduce access.

  • 24-10-2015 12:09am
    #1
    Registered Users Posts: 123 ✭✭


    Myself and ex split up in 2012, we were cohabiting and have 2 young children. Split was very fractious due to the fact that my ex went for sole custody & guardianship. No grounds whatsoever, I am and have been a fully engaged father and with no other issues like drink, drugs, violence etc.. It was just a spite & control thing. I fought extremely hard for custody and her solicitor waged what can only be described as a nasty & evil war to get a reaction from me. Real Neanderthal stuff. I think solicitors are under the impression that every man is a potential Alex Baldwin. They failed miserably and they rolled over on the steps of court. She got exactly what she would have if the parties had sat down and talked. Only difference was that 80% of the settlement she got went to pay her legal bill. She effectively bankrupted the family for no benefit to anyone, except the legal profession. Same old. My access was fairly reasonable, every second weekend from Friday to Monday morning and overnight every Wednesday. This works well, the kids only live 2 streets away and are super happy, they adore spending time with their dad and their mum. To be fair here, my ex is a wonderful mother to the kids, she's just a terrible parent and doesn't value or accept the role of a father in a child's upbringing.

    I received a registered letter on Monday, she's taking me back to the circuit court and attempting to remove Wednesday access. Wednesday access is hugely important, like normal family time and I get to do the homework with them, which is an important link with their schooling. My ex doesn't give me any feedback re their schooling so losing Wednesday is a huge issue for me. I never ever want to be just a weekend dad.

    I can't afford a solicitor or a barrister so will be defending myself. I have some questions. The recent child and family act is supposed to be centred towards the voice of the child and their welfare. Is there any guideline or precedent I can use in my defence. The only reason I can see for this is that Wednesday access no longer suits my ex. She has had 3 years with this and hasn't complained before, apart from the rare occasion when I was late for pick up due to circumstances beyond my control. She recently moved her boyfriend in and my gut feeling is that she's just trying to reduce the connection I have with the children.

    Not wishing to go against the wishes of my children. I asked them (in a friendly way) if this was their idea in the first place and was it what they wanted. They are nearly 8 (twins), both strong and independent characters who know their own mind. They said no, it was the first time they heard of this. My son said categorically that he wanted to stay on Wednesdays. He actually woke in the night, hysterical and really upset. I promised him I wouldn't let this happen. The conversation with my kids was recorded on my phone. Can I bring the recording to court and use it in evidence or should I just send it to the other party and her solicitor in the hope they will drop it. My next door neighbour was in a similar custody battle, in that case the judge requested to speak to her son who was 10 to get his views on what his wishes were. I really don't want my children exposed to the legal system if I can help it, but I will fight this tooth and nail.


Comments

  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Is their any chance you can get to a free legal advice centre near you for some advice?. They are quite helpful.


  • Registered Users Posts: 1,847 ✭✭✭desbrook


    As above apply to FLAC and fast. Please remember she is applying for a variation thererfore she has burden of proof . In practice this means she needs to prove that staying with her every wednesday would benefit the kids and that in effect going to you on a wednsday is harmful to their development. If I was her solicitor I'd find that difficult to prove. You need to keep drilling home the point that they need to prove their points to the judge on the day. In the absence of evidence the judge will side with you . Is there any evidence she could bring ?


  • Registered Users Posts: 123 ✭✭armstrongracer


    Absolutely not! Just the reverse.

    The justification I'm putting together is one based on the children's educational and moral welfare. There was a period of about 7 months last year where I was forced to work away from home Monday to Friday, I swapped Wednesday access and had the children every weekend so I kept up my obligation in terms of nights per month. Tough time, hand back children at 6pm on Sunday, do 3 hours of washing & drying and drive to Cork at 5am Monday morning. Anyway, when I was back in Dublin properly I was speaking to the teacher and she mentioned in passing my daughters literacy issues and the fact she was attending education support classes. I had never been informed of this by my ex. Transmissions of info like this is done by letters in the school bag so the onus would have been on my ex to inform me as legal joint guardian. I went absolutely ballistic about this by email, cc'd to my ex's solicitor. Same thing again this term, teacher mentioned that my daughter had been re-assessed and was now getting maths support. Again, no mention from the ex. At least I'm now back doing homework with them and having contact with the school.

    At Christmas my daughter who is very musical (she would have been just 7 then) came out with a song having vile lyrics and repeated use of the F word. I was horrified and asked the two where that came from. My son confirmed that their mother had shown them a number of Rubberbandits videos. One with the title "I like to shift" It featured two lads in a VD clinic with their hands down their pants, this is the opening line
    "Why you at the clinic kid? Same thing as you. I've got infections on my mickey that have spread to my pubes" My seven year old daughter has a photographic memory for songs, she was word perfect. I sent my ex a solicitors letter about this, which I will be armed with.


  • Registered Users Posts: 146 ✭✭marty555


    I really feel for your situation, I'm in the same boat. It's horrible


  • Registered Users Posts: 1,847 ✭✭✭desbrook


    Read my post again . You dont need to be armed with anything or prove anything. They must prove. If you go in all aggressive it will look bad. Forget the stuff about bad language its irrelavent and probably made things worse. You parent your way let her parent hers.

    Btw recording a telephone conversation without the other parties permission is an offence in this country.


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  • Registered Users Posts: 1,660 ✭✭✭Payton


    Desbrook is correct regarding that your ex has to prove why she needs to change the access.OP you have a right to be informed of your children's education issues/results etc. Write a letter informing the school that as your children's legal guardian you wish to be kept in formed of any changes in their welfare and changes to their structure.


  • Registered Users Posts: 374 ✭✭Joshua5


    desbrook wrote: »
    Read my post again . You dont need to be armed with anything or prove anything. They must prove. If you go in all aggressive it will look bad. Forget the stuff about bad language its irrelavent and probably made things worse. You parent your way let her parent hers.

    Btw recording a telephone conversation without the other parties permission is an offence in this country.

    In my personal experience this isn't true. I had every single weekend access and midweek too with our 3 children.

    We had a dispute, she removed all contact and access.
    I went to court to have it reinstated right away, what I got was 24 hours a fortnight. It's in the long appeal system. Mentally and Financially draining.


  • Registered Users Posts: 1,847 ✭✭✭desbrook


    Joshua5 wrote: »
    In my personal experience this isn't true. I had every single weekend access and midweek too with our 3 children.

    We had a dispute, she removed all contact and access.
    I went to court to have it reinstated right away, what I got was 24 hours a fortnight. It's in the long appeal system. Mentally and Financially draining.

    What I said in my first post is that the OPs wife needs to show that the access is in someway harmful - she needs to be armed. In your case your ex did that by getting a safety order against you beforehand (rightly or wrongly) and thus painting you in a bad light. I sympathise and am sure it was horrible but your case proves my original point - she will have to prove that the contact is harmful.


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