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Help! Ex won't let him see kid

  • 31-10-2009 3:38pm
    #1
    heavyballs
    Closed Accounts Posts: 2,683 ✭✭✭


    My mate needs advice re: his daughter.
    Broke up few years ago,he minds her every single w-end overnight on Saturday and at least 1 day during the week,he's a model dad ,has never let her down.
    He lost his job 2 weeks ago so he has f all cash so the x is stopping him from seeing the kid.
    They have never gone down the legal route,partly because her Dad is a solicitor(i know that's not a good enough reason).
    I would like to know if he starts the legal ball rolling how long b4 the case is heard
    He's afraid if he sends her a letter she'll stop access all together,surely it would be in her interest to let him see the kid in the interim as the court would look unfavourably on her for putting him through this,
    Thanks in advance(sry for waffle)


Comments

  • #2
    MrMicra
    Closed Accounts Posts: 457 ✭✭MrMicra


    In Dublin it takes about 10 weeks at the moment for a hearing but the courts are on holiday for the last 2 weeks in december and the first 2 weeks in january.

    The standard advice in this section is to speak to a solicitor but I would suggest that your boyfriend talk to his ex first. Any agreement even one arrived at amicably should be lodged with the court and given legal standing.

    By the way access and maintenance are totally distinct and maintenance is money paid to assist in the expense of raising a child rather than a payment made to see the child.

    One last point the court will look unfavourably on on her for refusing access and him for ceasing maintenance and he should continue to pay something.


  • #3
    heavyballs
    Closed Accounts Posts: 2,683 ✭✭✭heavyballs


    thanks,he is still paying something,i'm surprised that the wait is that short,that's good.


  • #4
    MrMicra
    Closed Accounts Posts: 457 ✭✭MrMicra


    By the way again not legal advice but if he isn't working and she is they should consider how he could claim for the child from the social welfare.

    I am not that familiar with the rules of the social welfare but for tax purposes if the child spends one night a year with you at your expense you can claim for it as a dependent. Your ex might be entitled to tax back if he was unaware of this.

    The social welfare only allow one claim per child but the rules as to residence might be similar. The website oscailt.ie will lay it out exactly.

    Also the clerk dolphin house (i can't remember his name) is very helpful.


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