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urgent legal advice plzzz (thank you)

  • 10-07-2011 5:57pm
    #1
    Closed Accounts Posts: 8


    thanks for the replies its not an abuse case thank god.

    its my sisters child she is split wit the childs dad and the child doesnt want to go near him cause he isnt bothered with the child so the child wants to stop seeing him.

    so were tryin to find out how to legally find a way to do that so like i said if there is a way to divorse your parents id love to be told how to do that please


Comments

  • Registered Users, Registered Users 2 Posts: 2,477 ✭✭✭newbie2


    images?q=tbn:ANd9GcRCvq3y-ldi9h0TpuNf0ZVnNyng1UcP3L23iFBzkxuw3ATzKuJU

    AFAIK - The father still has a right to see his child even if the child doesn't want to see him. I'm pretty sure there's no law in Ireland with regards the emancipation for minors.


  • Closed Accounts Posts: 8 thedude711


    thanks for the reply newbie2. but the child is scared stiff of him and cries everytime its time to go with him and has nightmares about it too so wat can we do


  • Registered Users, Registered Users 2 Posts: 969 ✭✭✭murrayp4


    ibtl


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    If there is a fear for the childs safety then go to court and get a court order to grant full custody to the mother with only supervised access.

    If it's a matter of bad parenting then do the same.

    If the child just doesn't like his father then it's really tough luck. Not everyone likes their parents.

    If the father isn't a violent or aggressive person and the child is still afraid to go there then clearly someone is putting ideas in his head which is a very cruel thing to do and a psychologist would be the best bet.

    In all of these cases there are two sides to the story. A child who is scared stiff and has nightmares about his father on the sole basis of the father not being bothered is clearly being influenced by someone else.


  • Registered Users, Registered Users 2 Posts: 1,675 ✭✭✭beeftotheheels


    Seanbeag1 wrote: »
    If there is a fear for the childs safety then go to court and get a court order to grant full custody to the mother with only supervised access.

    If it's a matter of bad parenting then do the same.

    If the child just doesn't like his father then it's really tough luck. Not everyone likes their parents.

    If the father isn't a violent or aggressive person and the child is still afraid to go there then clearly someone is putting ideas in his head which is a very cruel thing to do and a psychologist would be the best bet.

    In all of these cases there are two sides to the story. A child who is scared stiff and has nightmares about his father on the sole basis of the father not being bothered is clearly being influenced by someone else.

    +1

    Although I would ask if you've spoken to both the child and the father and tried to work out a compromise (since you seem to be trying to help out)? For example, how would the child feel about going to McDonald's with you (or some other adult he trusts) and his Dad? Might allow him to rebuild trust in his Dad without being traumatized further, and it would be a lot cheaper than the solicitor required for the legal routes.


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  • Closed Accounts Posts: 8 thedude711


    rite here it is the father use to beat up my sister so taken tat sick ****s side isnt going to fly with me. and the child saw it all so tat the reason for the nightmares and so do u think he deserves to treat the child the same and weve been the courts about his access


  • Closed Accounts Posts: 8 thedude711


    beef thanks for your reply the father didnt want to have anything to do with the child coz he was wit some1 else but now he was dumped on his ass he wants to **** wit the kids head again and the kid hates going near him crys wen he knows he has to go wit him


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    thedude711 wrote: »
    rite here it is the father use to beat up my sister so taken tat sick ****s side isnt going to fly with me. and the child saw it all so tat the reason for the nightmares and so do u think he deserves to treat the child the same and weve been the courts about his access

    So if he was prosecuted for assault and the child witnessed the assault did the judge not take this into account? Did your sister get a domestic violence order against him to protect the child? Are the HSE aware of the situation? Did anyone request that visits be supervised? If not, these should all be done.

    EDIT: Also a child psychologist can provide a report outlining any steps that should be taken for the childs benefit (supervised access, no access etc...)


  • Closed Accounts Posts: 8 thedude711


    the guards said its a family thing that they didnt want to get involved sean. and all the right ppl were told and notn was done as usual in this ****y country


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    thedude711 wrote: »
    the guards said its a family thing that they didnt want to get involved sean. and all the right ppl were told and notn was done as usual in this ****y country

    Assault is not a family yhing. It is clearly a criminal matter. If your sister alleged an assault and was told "it's a family thing" then your next port of call should be the Ombudsman.


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  • Closed Accounts Posts: 8 thedude711


    it wasnt alleged it happened but hey i guess we will just have to go to a lawyer and see wat happens i suppose il leave it at that cause il just get annoyed over it and dont want to say anything to you good ppl so thanks for everyones help !!!


  • Registered Users, Registered Users 2 Posts: 1,675 ✭✭✭beeftotheheels


    thedude711 wrote: »
    it wasnt alleged it happened but hey i guess we will just have to go to a lawyer and see wat happens i suppose il leave it at that cause il just get annoyed over it and dont want to say anything to you good ppl so thanks for everyones help !!!

    Don't - what is an email to the garda ombudsman going to cost you?

    http://www.gardaombudsman.ie/gsoc-garda-ombudsman-complaints.htm

    Nothing and it might just help to get things moving, it sounds like you're in a nightmare right now.


  • Closed Accounts Posts: 8 thedude711


    il give it a look beef thanks, anyways i got to go so thanks everyone


  • Registered Users, Registered Users 2 Posts: 1,410 ✭✭✭sparkling sea


    Has the court awarded the father access to the child ? If the answer is no - then the child does not necessarily have to see its father.

    If access has been awarded your sister needs to go back to court and explain the situation regarding the child's distress. A Guardian Ad Litem be appointed to represent the childs opinion - as the childs safety will be seen as paramount.

    It is possible that the child may be anxious but if supervised visits with its father were arranged, the child might learn to feel more comfortable with its father.


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