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family law

  • 26-08-2013 5:17pm
    #1
    Registered Users, Registered Users 2 Posts: 24


    Hi all i have a 6 year old boy he has been living with me from mon to friday and his mother takes him the weekend cause i work he goes to school beside me cause she lives abit away but know she wants to have him full time and take him out his school and move him to one beside her and live with her he has been living with me like this from the age of 2 does any body think she might get him help please


Comments

  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    I'd speak to a solicitor ASAP. Try FLAC.

    Were you married to the boy's mother? How come she wants custody now??


  • Registered Users, Registered Users 2 Posts: 24 The fighter


    I'd speak to a solicitor ASAP. Try FLAC.

    Were you married to the boy's mother? How come she wants custody now??

    No we were never married i dont know why all of a sudden she wants this i think she just want to have her weekends to her self cause her other kids dads have them the weekend


  • Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    But you do have a court order/ guardianship agreement, signed and witnessed?

    The next step is really to speak to a family law solicitor. A legal guardian does have rights, especially where that guardian plays a major role in the child's upbringing.


  • Registered Users, Registered Users 2 Posts: 24 The fighter


    But you do have a court order/ guardianship agreement, signed and witnessed?

    The next step is really to speak to a family law solicitor. A legal guardian does have rights, especially where that guardian plays a major role in the child's upbringing.
    The agreement is 4 days one week 3 days the next but it changed cause i got weekend work so i kept him every day except friday and saturday cause i be in work it has been like this past 4 years tje child happy with me i have joint custody and gaurdinship


  • Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    Whenever there is a significant change in circumstances of custody, the formal order/ agreement should be varied to reflect the change.

    We cannot give legal advice, just offer the general legal situation as it exists.,

    When custodial applications arise in Ireland, there is no presumption in favour of the primary care giver (that's you). However, hopefully you can take some comfort in the fact that the court's primary concern is always for the welfare of the child, and to that effect, courts are very mindful of the primary care giver's arguments as they relate to the stability of the child's upbringing.

    If a parent, being the primary care giver, can make reasonable arguments that relocating the child would cause stress and disruption, and so long as there is no question as to the stability currently being offered by the primary care giver, that primary care giver should be in a very strong position to argue his or her case.

    This is just a brief synopsis of the current situation, and for personal legal advice you really should speak to a competent family law solicitor, which I am not.


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  • Closed Accounts Posts: 1,382 ✭✭✭AndonHandon


    Flac.ie and/or call them 1890 350 250; free service.

    Or go to a solicitor.


  • Registered Users, Registered Users 2 Posts: 32 Mirka


    Hi all -

    I am wondering about maintenance payments for my son after he finishes the school leaving certificate in June this year.
    I know I must pay maintenance if he is in full time education until the age of 23.
    I accept this but - what constitutes full time education??? Do I pay when he starts the course perhaps in October? How many weeks or months per year does it comprise of???
    Q.1 - Is it just for term time when the courses are being provided by the institution or should I pay maintenance every month from the time he leaves school / or starts the course until the age of 23?

    Q.2 - What confirmation / verification am I entitled to that my son IS ACTUALLY attending a full time course for the time / years he says he is?

    I have been ripped off and lied to from both his Mother and my Son and I have absolutely no faith whatsoever in their integrity.
    Unfortunately my son has been primed to think badly of me by his Mother for the past 7 years, even though I have made it clear I loved him and wanted time with him - I have not seen him for 7 years.

    Can anyone advise on how I verify he is actually attending a full time course

    Would be grateful to hear back from someone who may know my rights. I have spent all the money I can afford on solicitors and don't know what to do.
    Thanks.


  • Registered Users, Registered Users 2 Posts: 24 The fighter


    Mirka wrote: »
    Hi all -

    I am wondering about maintenance payments for my son after he finishes the school leaving certificate in June this year.
    I know I must pay maintenance if he is in full time education until the age of 23.
    I accept this but - what constitutes full time education??? Do I pay when he starts the course perhaps in October? How many weeks or months per year does it comprise of???
    Q.1 - Is it just for term time when the courses are being provided by the institution or should I pay maintenance every month from the time he leaves school / or starts the course until the age of 23?

    Q.2 - What confirmation / verification am I entitled to that my son IS ACTUALLY attending a full time course for the time / years he says he is?

    I have been ripped off and lied to from both his Mother and my Son and I have absolutely no faith whatsoever in their integrity.
    Unfortunately my son has been primed to think badly of me by his Mother for the past 7 years, even though I have made it clear I loved him and wanted time with him - I have not seen him for 7 years.

    Can anyone advise on how I verify he is actually attending a full time course

    Would be grateful to hear back from someone who may know my rights. I have spent all the money I can afford on solicitors and don't know what to do.
    Thanks.

    Sorry to hear that you pay every week until he is completly finished but must provide you with letters from the collage to confirm he is atteneding his classes


  • Registered Users, Registered Users 2 Posts: 32 Mirka


    Thanks '' The Fighter''

    Does it start from the time he enters college or is accepted for college?

    Thanks again - Mirka


  • Registered Users, Registered Users 2 Posts: 24 The fighter


    Mirka wrote: »
    Thanks '' The Fighter''

    Does it start from the time he enters college or is accepted for college?

    Thanks again - Mirka

    I am not sure about that ring up flac centre do you know how much maintenence on social must pay


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  • Registered Users, Registered Users 2 Posts: 32 Mirka


    Thanks the Fighter,

    I will try to contact FLAC but I am not sure they will reply to me as my income level is above the threshold (I think) and therefore I doubt anyone in FLAC will want to talk to me. This is part of the problem I have in trying to get good information.
    As I am not in receipt of social welfare payments I cannot answer your Question about maintenance.
    Thank you for your time.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Mirka wrote: »
    Thanks the Fighter,

    I will try to contact FLAC but I am not sure they will reply to me as my income level is above the threshold (I think) and therefore I doubt anyone in FLAC will want to talk to me. This is part of the problem I have in trying to get good information.
    As I am not in receipt of social welfare payments I cannot answer your Question about maintenance.
    Thank you for your time.

    You may be thinking of the Legal Aid Board. Civil legal aid is means tested, in that regard.

    However, there is no means test to walk into FLAC and meet one of the lawyers there.


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