mans ex denying access to children

spygirl

quick question for an assignment so go easy on me please.

woman rings former partner to tell him no access to children as she had a verbal fight with his new partner that got out of hand.
Claims she went to court today and got (A) Protection order (B) removal of custody rights pending a date for hearing.
Q1 He doesn't believe her but is now afraid to go pick up his children incase she is telling the truth and he gets arrested.
Q2 is there any way he can check the validity of what she is saying
Q3 How long before he might be served with a summons/copy of the order.

For an assignment/essay would love some help please

eviltwin

spygirl wrote: »

quick question for an assignment so go easy on me please.

woman rings former partner to tell him no access to children as she had a verbal fight with his new partner that got out of hand.
Claims she went to court today and got (A) Protection order (B) removal of custody rights pending a date for hearing.
Q1 He doesn't believe her but is now afraid to go pick up his children incase she is telling the truth and he gets arrested.
Q2 is there any way he can check the validity of what she is saying
Q3 How long before he might be served with a summons/copy of the order.

For an assignment/essay would love some help please

I could be wrong but his rights wouldn't be taken away without proof of risk to the kids and he would have a right to state his case in court. The PO isn't effective until he receives a copy of the order.

spygirl

Is that definite even if it was an ex parte hearing?

superstepmom2b

spygirl wrote: »

Is that definite even if it was an ex parte hearing?

He'll never know unless he receives something in writing. If it were me I'd call to the local garda station to her. Explain the situation. Say he's going up to see what's going on. Someone may go with him and/or be aware of it if they do call.

Or I'd call her parents or brother or sister if he is on good terms with them and see if they will call to the house with him.

Neyite

Mod:

OP, since your query is to do with court orders, I've moved your thread to Legal Discussion.

Big Bag of Chips

First thing is to ring the relevant court clerk.

Second thing is to appeal immediately because a disagreement between his ex and his current partner has absolutely no bearing on his relationship with his children. And a judge would not/should not have granted a protection order against him, or amended any custody agreement or access order if the disagreement was between the 2 women.

schemingbohemia

Surely the first thing is to do the research yourself rather than having the answer handed to you on a plate, how are you going to cope with exams when we're not there to answer for you?

Little CuChulainn

Ring the courts and ask. Or ask the ex to provide a copy. Legally, there's very little grounds for either of those to be granted against him, especially the removal of custody rights, but I've found that judges tend to do whatever they want in family law so you never know what was granted.

schemingbohemia

Little CuChulainn wrote: »

Ring the courts and ask. Or ask the ex to provide a copy. Legally, there's very little grounds for either of those to be granted against him, especially the removal of custody rights, but I've found that judges tend to do whatever they want in family law so you never know what was granted.

It's hypothetical, for a course essay/assignment. I really think the courts have better things to be doing than answering calls to help people do their homework!

spygirl

Thanks for the assistance folks. Since family law based not a huge amount of precedent to go on so your answers were very valuable. Various acts don't mention GF's. Also, as a side note and response to a comment, Dolphin house oddly enough were only to delighted to help with the question. Imagine that, nice when you meet people like that.

goz83

spygirl wrote: »

Thanks for the assistance folks. Since family law based not a huge amount of precedent to go on so your answers were very valuable. Various acts don't mention GF's. Also, as a side note and response to a comment, Dolphin house oddly enough were only to delighted to help with the question. Imagine that, nice when you meet people like that.

I dont think lil chu chu was telling you to ring the courts, but was actually answering the question. The man in the hypothetical situation would be advised to ring the courts and ask.

Hippo

If you google 'family law matters Ireland you'll find links to a couple of pdf form reports the Courts Service compiled in I think 2007 and 2009, detailing (anonymously) family court matters and decisions. They're excellent, and though a bit old now still reflect pretty accurately how the District Court deals with a huge range of family matters.

You'll have to google it as I can't get the link to work...

AndonHandon

From FLAC;

"the respondent must be notified as soon as possible of the order made, even orally, by the applicant or the Gardaí, and is then served with a copy of the order as a matter of urgency. A Protection Order only takes effect after the respondent has been notified."

As stated above, considering the verbal fight was with the man's partner and not the man means that the woman has told a lie in that she is fearful of the man instead of the man's partner. This will reflect badly on her at the hearing for the safety/barring order. The man needs to contact the woman to ask for a copy of the order or else contact the court office/Gardaí.

Little CuChulainn

Depending on the circumstances, it could be possible for the mother to get an order against the ex's new partner on behalf of the kids. The op doesn't actually state who the applicant and respondent are. Alternatively, if the out of hand argument involved the new partner communicating some threat or nefarious intent on the part of the ex, a judge may find that sufficient to grant the order against him. Those are the only legal grounds I could think of by which an order may be obtained without perjury being committed or the judge ignoring the legislation.

Big Bag of Chips

Little CuChulainn wrote: »

it could be possible for the mother to get an order against the ex's new partner on behalf of the kids.

Then the order would be for the partner, not the father. He could still have his access without his new partner present.

There is no mention of the father being involved directly or indirectly in the argument, so any order should be against the partner, nothing at all to do with the father and his access.

It's either a badly written question or is deliberately set to make you think. The scenario given is of no relevance to the relationship between the father and his children. If he broke up with his new partner, would his access to his children still be denied?

Hippo

Big Bag of Chips wrote: »

Then the order would be for the partner, not the father. He could still have his access without his new partner present.

There is no mention of the father being involved directly or indirectly in the argument, so any order should be against the partner, nothing at all to do with the father and his access.

It's either a badly written question or is deliberately set to make you think. The scenario given is of no relevance to the relationship between the father and his children. If he broke up with his new partner, would his access to his children still be denied?

Exactly, I can't see how a court would make protection order against an individual based on an argument with their partner.