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Court access agreement

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  • 04-08-2015 11:14pm
    #1
    1992baby
    Registered Users Posts: 4 ✭


    I have a 20month old with an on off partner. We have tried to come to a mutual agreement regarding access and maintenance to no avail. He has bought her a pair of runners in nine months while working the last four months while still recieving the dole. He agreed to come down once a week as I live 50mies from him. He would come down one week and no contact me for two months, this is s continuous cycle. He has a child from a previous relationship who he gives weekly maintenance to his mother and takes him three days a week. I have told him to take me to court so we can establish a set access agreement.


    My question is if he breaks the agreement we make in court can I revoke access for good. Thanks in advance ☺️


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    #2
    Orion
    Closed Accounts Posts: 12,807 ✭✭✭✭Orion


    Access and maintenance are separate things. If he breaks a maintenance agreement it can be stopped at source by the court. You don't need him to take you to court. You can apply yourself for court ordered maintenance and access.


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    #3
    Orion
    Closed Accounts Posts: 12,807 ✭✭✭✭Orion


    The court will also only revoke access if it's in the best interests of the child


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    #4
    1992baby
    Registered Users Posts: 4 ✭1992baby


    I don't want to take him to court as I feel it is his responsibility. Would it be in the best interest of the child in the sense of him walking in and out every few months and letting her down? Thanks guys ☺️


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    #5
    January
    Closed Accounts Posts: 23,865 ✭✭✭✭January


    1992baby wrote: »
    I don't want to take him to court as I feel it is his responsibility. Would it be in the best interest of the child in the sense of him walking in and out every few months and letting her down? Thanks guys ☺️

    No that wouldn't wash in court they believe intermittent access is better than none at all unless the father is a danger to the child and even then they'll look at supervised access before no access at all.


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    #6
    lifeandtimes
    Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    Orion wrote: »
    Access and maintenance are separate things. If he breaks a maintenance agreement it can be stopped at source by the court. You don't need him to take you to court. You can apply yourself for court ordered maintenance and access.

    Not true,the mother of child cannot place an application for access for the child, only the father can...the argument is you cant force somebody to spend time with the child, however if an application is made by the father and a court order is issued, the mother(or guardian as it may be) can apply to vary this after 3 or 6 months cant remember exactly.

    Either party can make an application for maintenance and again both can vary once its been ordered again after the allocated time


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    #7
    Orion
    Closed Accounts Posts: 12,807 ✭✭✭✭Orion


    lifeandtimes wrote: »
    Not true,the mother of child cannot place an application for access for the child, only the father can...the argument is you cant force somebody to spend time with the child, however if an application is made by the father and a court order is issued, the mother(or guardian as it may be) can apply to vary this after 3 or 6 months cant remember exactly.

    Either party can make an application for maintenance and again both can vary once its been ordered again after the allocated time

    Fair point - I was talking about maintenance not access. You're absolutely right.


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    #8
    dscm
    Registered Users Posts: 12 ✭dscm


    Get advice from a solicitor and get an application for maintanance into court. If he sees the child at all he should be paying something. I have a friend where the father of the child had not attendeded access that has been ordered through court and had to be brought back to court three times and by that stage the judge said not to come back to his court looking for access as he had given him enough chances? I suppose different Judges different outcomes.


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