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Can a father apply for access in a court district that his child does not reside in?

  • 20-04-2015 4:08pm
    #1
    Closed Accounts Posts: 2,021 ✭✭✭


    Hi everyone

    Just a quick question

    Can a father apply for child access in his local court district even though his child resides in a different court or does he have to apply in the one his child resides in?


Comments

  • Banned (with Prison Access) Posts: 1,587 ✭✭✭Pocoyo


    Hi everyone

    Just a quick question

    Can a father apply for child access in his local court district even though his child resides in a different court or does he have to apply in the one his child resides in?

    Yes as long as the court covers the area you as a father reside in....how do i know??

    .........I have done it. ;)


  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    Pocoyo wrote: »
    Yes as long as the court covers the area you as a father reside in....how do i know??

    .........I have done it. ;)

    THanks for that. ..and does that stand even if there's another case regarding the child. .such as a maintenance order in the child's district court?


  • Banned (with Prison Access) Posts: 1,587 ✭✭✭Pocoyo


    THanks for that. ..and does that stand even if there's another case regarding the child. .such as a maintenance order in the child's district court?

    No you are the father your child is entitled to see you,I wish mothers would understand that the issue is not your or hers entitlement but the kids.


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


    Link:
    Venue.
    2. (1) Proceedings under the Act may be brought, heard or determined at any sitting of the Court for the court area where any party to the proceedings resides or carries on any profession, business or occupation.

    (2) Where, however the Clerk, having consulted the Judge for the time being assigned to the district within which such area is situated, certifies on a notice of application or a summons that the proceedings are urgent, the said notice or summons may, subject to the provisions of rule 9 of this Order, be issued for, and the proceedings may be heard and determined at any sitting of the Court in that district.


  • Registered Users, Registered Users 2 Posts: 344 ✭✭Panic E


    Hi everyone

    Just a quick question

    Can a father apply for child access in his local court district even though his child resides in a different court or does he have to apply in the one his child resides in?


    I was verbally berated by the judge at my sitting for applying in the district where I am living- Sligo, and not where my ex partner resides- Leitrim

    He then adjourned my case and re-scheduled it to the Leitrim district, for some reason. At that sitting, he chose not to hear the case and recused himself

    I was of the belief I hadn't done anything wrong by applying? I'm waiting 6 months to get a hearing now, and the court office won't tell me what's happening


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  • Banned (with Prison Access) Posts: 1,587 ✭✭✭Pocoyo


    Panic E wrote: »
    I was verbally berated by the judge at my sitting for applying in the district where I am living- Sligo, and not where my ex partner resides- Leitrim

    He then adjourned my case and re-scheduled it to the Leitrim district, for some reason. At that sitting, he chose not to hear the case and recused himself

    I was of the belief I hadn't done anything wrong by applying? I'm waiting 6 months to get a hearing now, and the court office won't tell me what's happening

    The judge had no right to do that. You should seek legal advice on this issue. Id be fuming if the judge this to me. Talk to a solicitor and try and put some manners on that judge.

    Where there any other reasons behind his decision?? did sligo cover your district?? Maybe unknowingly you were outside of sligo's district?

    The OP should apply to the courts in his district his ex cant complain to have the case moved to her area and if she does not show the judge will rule in the attendants favour.


  • Registered Users, Registered Users 2 Posts: 344 ✭✭Panic E


    Pocoyo wrote: »
    The judge had no right to do that. You should seek legal advice on this issue. Id be fuming if the judge this to me. Talk to a solicitor and try and put some manners on that judge.

    Where there any other reasons behind his decision?? did sligo cover your district?? Maybe unknowingly you were outside of sligo's district?

    The OP should apply to the courts in his district his ex cant complain to have the case moved to her area and if she does not show the judge will rule in the attendants favour.


    I don't know if he had a right to or not, according to this thread he didn't. Yet thats what he did. It's weird...

    Was there a reason behind him moving it to another district, or the recusal? He gave spurious reasons for both...


  • Banned (with Prison Access) Posts: 1,587 ✭✭✭Pocoyo


    Panic E wrote: »
    I don't know if he had a right to or not, according to this thread he didn't. Yet thats what he did. It's weird...

    Was there a reason behind him moving it to another district, or the recusal? He gave spurious reasons for both...

    Maybe he was just a sexist idiot and should be held to account.


  • Registered Users, Registered Users 2 Posts: 344 ✭✭Panic E


    All I know is that in over 6 months of stressing over this family law case

    I'm no further along than when I made the application. Behind in fact.


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