Family Law: I Cant Get A Hearing

Panic E

Hi all. I am a single father from Leitrim but living in Sligo and I have been trying to get a court hearing going since last year regarding some access.

I've been in court 3 times since but my ex hasn't even shown up once, and each time I have been assured by my solicitor that access will be granted.

On the third date, instead of giving us access the judge recused himself. Now after six months of waiting for a hearing, I no longer have a court date.

The judge advised me in court that a new judge would hear my case over the easter (at the latest). He said the courts would contact me to arrange it.

Only they haven't, I couldn't get anyone on the phone this past week for an update. I've already exhausted all other avenues prior, it's been stressful.

Is this the usual manner in which court proceedings are conducted? Six months seems an awfully long time trying to get a hearing, don't you think?

Me and my family are trying to see my child but my ex won't comply with the order or communicate, we still have his Christmas presents here even.

hullaballoo

Please do not post personal information here. Also, legal advice cannot be given here. In this case, however, it seems that some practical advice surrounding courts lists and availability could be useful.

AndonHandon

What has your solicitor been doing? I would ring him up and, that failing, send him/her a letter.

goz83

Get a new solicitor . That's ridiculous carry on.

Panic E

Court lists and availability? Anything at all, it would be helpful.

My solicitor has not done anything to move things forward for us.

I've been trying to get her on the phone the past number of weeks.

There is no answer from the Sligo court service, I ring it twice daily.

conorh91

Six months would be a long time (a very very long time) in a family law matter in the lower courts, if there were no hearing date.

You are getting dates for what is intended, I presume, to be a hearing.

You simply aren't getting the substantive hearing because of non-appearance and another unusual event (recusal of a Judge).

This is obviously frustrating, but the Court is probably trying to balance your best interests with that of your ex-partner and, most importantly of all, the child.

Panic E

It is a very long time. I can't say what they probably are or aren't doing, except ignoring me

I spoke with the court office last month and they took my details but never returned my calls

My solicitor sent me a letter this week saying 'unfortunately we still have no notice of a court date'

Pat Mustard

You are very unlikely to get accurate information on your local family law court lists on online message boards.

If the court staff are refusing to deal with you at this stage, you should ring your solicitor. It's his job to explain matters to you. Ask him why the delay has been so long and ask him what can be done to fix the next possible court date and resolve the situation.

If you are not happy with your solicitor, hire a new solicitor. However, it isn't clear to me that your situation is his fault.

Panic E

Pat Mustard wrote: »

If the court staff are refusing to deal with you at this stage

Sorry, but I didn't say anything like that and neither should it be implied.

I spoke to the court service here once, asking them about a court date. They took my details and promised to call me back.

They didn't, and I have been unable to contact them since. Wether that is refusing to deal with someone or not providing a service is for you to decide…

Pat Mustard wrote: »

If you are not happy with your solicitor, hire a new solicitor. However, it isn't clear to me that your situation is his fault.

Fair point, almost. Who's fault is it that I cannot get a court date? Or more specifically, why is that? It's an open question.

There doesn't appear to be any due process. Who here would choose to be chasing a court date for for family law matters let alone an elusive one?

Look, I'm sorry for asking but this is the first time I have ever tried to access the service. I thought some here may have been in a similar circumstance...

Pat Mustard

We do not know why the judge recused himself, we do not know when another judge will be able to hear the case and we do not know why the courts service has not arranged a new date. This is information that the court staff must answer. This is all localised at the relevant court district and even the most experienced district court practitioner could not answer your questions without having the information relevant to your case and the particular court involved.

You need to put your questions to your solicitor, have him deal with the court staff and have him come back to you with the answers to your questions.

Panic E

The judge recused himself on the grounds that he knows our families. I don't know about the rest, there is nothing unusual about the case other than that.

Thats the problem, my solicitor is saying she hasn't heard anything from the courts and there is nobody at the court office to answer the phones at any time.

It's ridiculous at this stage and outrageous. It's as if the system doesn't exist, for all intents and purposes it doesn't. Is there a higher office I can complain?

Uno my Uno.

OP If you can't find satisfaction through your solicitor you should either get an explanation from them that you are happy with or get a new Solicitor.

I'm not familiar with the Family courts offices in your part of the country but I occasionally have dealings with the family court staff here in Dublin. they regularly display great patience and give great amounts of help to people trying to navigate the famuily court system. I am sure the Court staff in your part of the country are very much the same, perhaps you could arrange to pay a visit to the relevant family court office?

Panic E

I can't really arrange to pay them a visit when they don't pick up the phone. No matter where I ring from.

Well, I spoke to the court service in Dublin and I would have to agree. very pleasant. As for the one in Sligo though…

I actually asked to be put through from the Dublin office and guess what? They actually answered the phone for once!

schemingbohemia

Panic E wrote: »

I can't really arrange to pay them a visit when they don't pick up the phone. No matter where I ring from.

Well, I spoke to the court service in Dublin and I would have to agree. very pleasant. As for the one in Sligo though…

I actually asked to be put through from the Dublin office and guess what? They actually answered the phone for once!

Don't arrange to pay a visit, just visit if you can take time to do so.

Miaireland

Send them a letter with registered post. It could be a simple as your case not being moved onto someone elses list.

Ash.J.Williams

Panic E wrote: »

Hi all. I am a single father from Leitrim but living in Sligo and I have been trying to get a court hearing going since last year regarding some access.

I've been in court 3 times since but my ex hasn't even shown up once, and each time I have been assured by my solicitor that access will be granted.

On the third date, instead of giving us access the judge recused himself. Now after six months of waiting for a hearing, I no longer have a court date.

The judge advised me in court that a new judge would hear my case over the easter (at the latest). He said the courts would contact me to arrange it.

Only they haven't, I couldn't get anyone on the phone this past week for an update. I've already exhausted all other avenues prior, it's been stressful.

Is this the usual manner in which court proceedings are conducted? Six months seems an awfully long time trying to get a hearing, don't you think?

Me and my family are trying to see my child but my ex won't comply with the order or communicate, we still have his Christmas presents here even.

man.....what's the story with your solicitior??? this is an outrage.

Ash.J.Williams

seriously .....find a reputable family law solicitor and start again. It will be quicker than chasing everyone else. The courts close for summer too i think.

Panic E

Ash.J.Williams wrote: »

man.....what's the story with your solicitior??? this is an outrage.

By all accounts it does seem to be my solicitor who is the problem. I am going to make a complaint about her.


I have a legal aid cert and read about changing solicitor. It seems that may only delay the process further though.