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Court Undertaken

  • 04-06-2015 12:38pm
    #1
    SOS1
    Registered Users, Registered Users 2 Posts: 22 ✭


    Hi all... Could someone please shine some light on this court undertaken. My wife has today received a court undertaken where she is no longer permitted to enter the family home.
    My question is "Do I receive a copy of this Undertaken" (I represented myself and failed to ask if I did so.) This copy would be crucial to move forward regarding applying for child benefit and transferring rent......... Kind Regards


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,773 Admin ✭✭✭✭✭hullaballoo


    Was your wife represented?


  • #3
    SOS1
    Registered Users, Registered Users 2 Posts: 22 ✭SOS1


    hullaballoo wrote: »
    Was your wife represented?

    Yes she was....


  • #4
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,773 Admin ✭✭✭✭✭hullaballoo


    In that case, it is likely that what happened was that she provided an undertaking to do (or not to do) something. There would have been an indication of the duration of the undertaking, e.g., until the next hearing date if it was adjourned or until some other point.

    An undertaking is nothing more than a formal promise to do or refrain from doing something. It emanates from one of the parties and not from the Court. It is not a Court Order, so there is no written document that arises from it other than perhaps the courts minutes but you will not be able to access those minutes. If you want to know what the exact terms of the undertaking are, your only real option is to ring your wife's solicitors and try to find out what happened. They are not strictly obliged to speak to you but if they are reasonable, they should at least let you know what took place. If they have previously written to you after being in Court, they may do so here as well.

    Sorry that's all anyone can tell you on the basis of what you've posted. I wouldn't even attempt to extrapolate what the terms of the undertaking might be because it cannot be what you have said but that is what you have understood it to mean.


  • #5
    SOS1
    Registered Users, Registered Users 2 Posts: 22 ✭SOS1


    hullaballoo wrote: »
    In that case, it is likely that what happened was that she provided an undertaking to do (or not to do) something. There would have been an indication of the duration of the undertaking, e.g., until the next hearing date if it was adjourned or until some other point.

    An undertaking is nothing more than a formal promise to do or refrain from doing something. It emanates from one of the parties and not from the Court. It is not a Court Order, so there is no written document that arises from it other than perhaps the courts minutes but you will not be able to access those minutes. If you want to know what the exact terms of the undertaking are, your only real option is to ring your wife's solicitors and try to find out what happened. They are not strictly obliged to speak to you but if they are reasonable, they should at least let you know what took place. If they have previously written to you after being in Court, they may do so here as well.

    Sorry that's all anyone can tell you on the basis of what you've posted. I wouldn't even attempt to extrapolate what the terms of the undertaking might be because it cannot be what you have said but that is what you have understood it to mean.

    The undertaken was down to an interim barring order.And the undertaken has to be abided by the letter of that barring order. There is no other hearing date and she can never return to the home again. If she does break the undertaken she will be in breach of court and can be imprisoned according to the Judge. (That was my take on it anyways.... ) Kind Regards


  • #6
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    An undertaking is just a promise made to a court. A judge will take a breach of this undertaking as an insight into the character of the person who breaches it. It may also give a court cause for reconsidering a judgement. Other than that it's pretty ineffective. If an undertaking has been made instead of a full barring order being issued then that's bad luck. The Gardaí can not intervene on the grounds of a breached undertaking, only the court can.


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  • #7
    SOS1
    Registered Users, Registered Users 2 Posts: 22 ✭SOS1


    Little CuChulainn wrote: »
    An undertaking is just a promise made to a court. A judge will take a breach of this undertaking as an insight into the character of the person who breaches it. It may also give a court cause for reconsidering a judgement. Other than that it's pretty ineffective. If an undertaking has been made instead of a full barring order being issued then that's bad luck. The Gardaí can not intervene on the grounds of a breached undertaking, only the court can.

    Thanks for your insight it has been very helpful


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