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Court order broken

  • 27-03-2011 2:25am
    #1
    Offy
    Closed Accounts Posts: 1,701 ✭✭✭


    Some time ago in a family law issue a judge made a ruling, the party that issued proceedings against me broke the court order. That was in 07. Recently I got a summons to court about the same issue. I thought that since the original order was broken that this would not happen. The order was for six months which has run out a long time ago. It was broke within the six month timeframe. As this is a continuation of that case can I bring up the fact that the other party broke the original court order and if so how should I do so?


Comments

  • #2
    blueythebear
    Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    Offy wrote: »
    Some time ago in a family law issue a judge made a ruling, the party that issued proceedings against me broke the court order. That was in 07. Recently I got a summons to court about the same issue. I thought that since the original order was broken that this would not happen. The order was for six months which has run out a long time ago. It was broke within the six month timeframe. As this is a continuation of that case can I bring up the fact that the other party broke the original court order and if so how should I do so?

    You should get a solicitor. It's impossible to respond to such a vague query and to do so would break the Charter anyway. If you cannot afford a solicitor, you can get legal aid in family law matters quite quickly.


  • #3
    Offy
    Closed Accounts Posts: 1,701 ✭✭✭Offy


    blueythebear wrote: »
    You should get a solicitor. It's impossible to respond to such a vague query and to do so would break the Charter anyway. If you cannot afford a solicitor, you can get legal aid in family law matters quite quickly.

    My ex-wifes mother was ordered to stay away from me and my children. She arrived at my door within the six month period one night when I was out celebrating my girlfriends birthday, at the same time AGS arrived as they got a phone call to say my children were left unattended while I was drinking. My 16 year old daughter was minding the two younger children that evening. A few months later my ex's mother never turned up at the custody hearing and it was struck out. A few months ago my ex's mother applied again for custody (my ex passed on a year before the first incident).
    Her accusation the first time was child neglect. This time she is accusing me of beating up my son who is now 16, he refuses to sign any statement as he was never physically abused but he has run away from home and is staying with her. At the same time he is admitting to been giving drugs by two of his uncles, one of which livs in the same house. AGS refuse to get involved as the courts are involved. He has a free run of it in that house and according to his school is now only attending two out of every five days in school.
    I tried making a complaint to AGS but was told that they will not get involved as I must go through the courts. My question is this, is it to late to have her proscuted for breaking the first court order and get another court order that tells to to stay away permanently? Would a judge do anything about her breaking the first court order because AGS point blank refuse to get involved.


  • #4
    blueythebear
    Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    I'd suggest that you get a solicitor as soon as possible as that is a bit of a mess to be honest. That said, your ex's mother can accuse you of all that she wants but she will need to prove it, i.e. your son will have to state that you abused him. It is unlikely that your ex's mother will get custody on the basis of the details you supplied. However, this matter will most likely need the intervention of the Department of Social and Family Affairs, i.e. report from Social Worker. On a practical level, it'll be very difficult to remove your son from that environment if he doesn't want to go and your ex's mother facilitates it though.


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