Father's Rights.

Stainlessstill

Helpful Advice Needed please.

Does a unmarried father still have a Right to see his Child after Being Charged or Convicted of Kidnapping his Own Child?

Doses a unmarried father Still have a Right to see his Child after Domestic violence Charges or Convictions?

Myrddin

Thread moved to Legal Discussion, it seems a better fit than Accessibility, Mobility & Disability.

FreudianSlippers

I'm going to preface this by saying that you should speak to a solicitor to get proper legal advice, since this is clearly a personal question. However, I'm inclined to let our more criminally-minded lawyers answer your question in general terms (if possible).

Stainlessstill

Myrddin wrote: »

Thread moved to Legal Discussion, it seems a better fit than Accessibility, Mobility & Disability.

Thank you for your help. I thought Accessibility Rights was in this category.

Stainlessstill

FreudianSlippers wrote: »

I'm going to preface this by saying that you should speak to a solicitor to get proper legal advice, since this is clearly a personal question. However, I'm inclined to let our more criminally-minded lawyers answer your question in general terms (if possible).

Thank you for your help.

Little CuChulainn

That would be for a judge to decide.

Stainlessstill

Little CuChulainn wrote: »

That would be for a judge to decide.

You don't say.

I'm looking for Helpful Advice and a Second Opinion. Maybe from someone with Experience in the matter.

Little CuChulainn

Stainlessstill wrote: »

You don't say.

I'm looking for Helpful Advice and a Second Opinion. Maybe from someone with Experience in the matter.

Nobody here can help you. It would require access to all the relevant facts.

Pat Mustard

Stainlessstill wrote: »

Does a unmarried father still have a Right to see his Child after Being Charged or Convicted of Kidnapping his Own Child?

There is a difference between charges and convictions. One is a conviction, the other is not.

I imagine that the other side could well decide to contest access on the basis of possible abduction of the child.

It would depend on what a judge would think of the situation. A family or district court practitioner could tell you the likely outcome.

Stainlessstill wrote: »

Doses a unmarried father Still have a Right to see his Child after Domestic violence Charges or Convictions?

Again, there is a difference between charges and convictions.

If access is not being freely given, then a father has a right to apply for access. Beyond that I won't say, due to forum charter, but there are plenty of guys with convictions who get access to their children. A child abduction issue could throw a different slant on things also, which is why you need a solicitor.

You need legal advice and representation. If you cannot afford a private solicitor, you should be able to go to the Legal Aid Board, apply for civil legal aid, and get a list of the solicitors on the Private Practitioner scheme. You can then choose one, and have that solicitor represent you.

I would suggest that you should have somebody recommended to you before you select somebody from the panel.

Stainlessstill

Thank you for your helpful Advice.

Stainlessstill

Jst to let ye all Know that the Judge can Stop you from seeing your Child While Court proceedings are on going. Excuses are putting the Mother and Child in Danger and Risk further concerns for Mother and Gards who are Home whrekcking ***** Who are only looking for a pat on the Back and a promotion with a Kidnapping Case. They will Object the hole why threw the Court's to Stop you from seeing your Child and say cos you Never Showed remorse or Cooperated with the authorities Who the Jude Says they Have a Right to ask and Know Where your Child is. Even if you tell them the Child is in Safe Hands. They will Not care and will Not let you go until the child is back with the mother and you go to prison until you get Bail!

Little CuChulainn

Stainlessstill wrote: »

Jst to let ye all Know that the Judge can Stop you from seeing your Child While Court proceedings are on going. Excuses are putting the Mother and Child in Danger and Risk further concerns for Mother and Gards who are Home whrekcking ***** Who are only looking for a pat on the Back and a promotion with a Kidnapping Case. They will Object the hole why threw the Court's to Stop you from seeing your Child and say cos you Never Showed remorse or Cooperated with the authorities Who the Jude Says they Have a Right to ask and Know Where your Child is. Even if you tell them the Child is in Safe Hands. They will Not care and will Not let you go until the child is back with the mother and you go to prison until you get Bail!

Judge didn't appreciate your domestic violence record I take it?

Stainlessstill

You Still Won't see your Child until you Go Back to The family Law Court you ask for Access again. Witch can be waiting 3_6 Long Hard Months! But it maybe Supervised access with Social Workers for 16Weeks until they believe the Child is Safe in your Hands and you are a Good father even if not a good patner. You still have a right to be a father and see your Child.

the world wonders

• Yes, a father does have the right to see his child
• However the child also has rights -- among them the right to a relationship with their mother, and the right to a home life free of violence and abuse
• it is possible for these rights to come into conflict, especially in a situation like you have described above
• any such conflict will be resolved by a judge, who is legally obliged to decide based on the best interests of the child, not the rights of parents

Stainlessstill

Little CuChulainn wrote: »

Judge didn't appreciate your domestic violence record I take it?

There was No Domestic Violence Smart ass. I am a Loving father who wanted to spend time with My child. So I took her for a few hours and was punished for it.

Stheno

Stainlessstill wrote: »

There No Domestic Violence Smart ass. I am a Loving father who wanted to spend time with My child. So I took her for a few hours and was punished for it.

Did you have permission to take her?

mirrorwall14

Stainlessstill wrote: »

There No Domestic Violence Smart ass. I am a Loving father who wanted to spend time with My child. So I took her for a few hours and was punished for it.

Sorry you 'took her'?? What on earth do you mean? Without the mothers consent? Without her knowledge? Of course the judge frowned on it!

Pro Hoc Vice

Stainlessstill wrote: »

You don't say.

I'm looking for Helpful Advice and a Second Opinion. Maybe from someone with Experience in the matter.

And no one even with years of experience in family law could answer this question with and degree of certainty. A father may be guilty of many crimes including abduction and violence and still be given access, on the other hand a father may have no convictions but yet not be allowed access. The Courts overriding duty is not to the mother nor to the father but to the child, the best interests of the child must be at the forefront of everyones mind.

January

You abducted your own child and can't see why a judge would have a problem letting you have unsupervised access? Did you get a knock to the head or something?

If your child was being withheld from you then you should have pursued the mother through the courts like you are now.

Grow up and stop blaming the garda and judge for your mistake.

Little CuChulainn

Stainlessstill wrote: »

There was No Domestic Violence Smart ass.

Just going by your op

Stainlessstill wrote: »

Doses a unmarried father Still have a Right to see his Child after Domestic violence Charges or Convictions?

Penny Tration

Stainlessstill wrote: »

There was No Domestic Violence Smart ass. I am a Loving father who wanted to spend time with My child. So I took her for a few hours and was punished for it.

You 'took' her, and were charged (if not convicted) of abusing your ex partner. Why in the name of god would anybody allow yoy unsupervised access? What happens the next time you want to see the kid? Take her again? Hit the mother?

Sounds like the right call was made.

If you want what's best for the child, follow the law.

Peregrinus

The paramount consideration is always going to be, what's in the best interests of the child?

So there is no hard-and-fast rule that says a conviction for this or that is, or is not, a bar to an access order, or even a custody order. But the facts and circumstances that gave rise to a decision are likely to be highly relevant to a consideration of what is in the best interests of the child. You don't tell us much about the underlying facts and circumstances, so we can't say how they will play out in an application for access. They are unlikely to help your position, though.

Arbiter of Good Taste

Stainlessstill wrote: »

There was No Domestic Violence Smart ass. I am a Loving father who wanted to spend time with My child. So I took her for a few hours and was punished for it.

You have too short a fuse. Maybe you should be working on that.