Violation of access order

Jeankins

My ex persistently flouts the access order in place, just stupid things but persistent. Kids should be home by 7pm, but he's not back until after 8. Access within their home county, access ends up two counties across. Sleepovers within their home city, they end up an hours drive away. When I try to speak to him, I'm torn to shreds and told to grow up. Most recently, ive been called a petulant twat and an attention seeking toddler. Access is never denied, I never break the court order, I'm constantly under threat of legal action if he even suspects that I might be considering blocking access but I'm not dumb, I know the penalties for non compliance. Is it worth my time pursuing this? Do I have to drag solicitors back in or can I just report it to the district court? Anyone else know anything about this situation?

Edit: History of mental health issues, suicidal thoughts, he's not resident in the country and there are fears he may remove them from Ireland. Yes it's a bit of a big deal

Little CuChulainn

Keep a record of all breaches and contact in relation to access. Bring notes to solicitor. Discuss options.

MarkAnthony

Is it really that big a deal?

patsypantaloni

MarkAnthony wrote: »

Is it really that big a deal?

Possibility of removal from the country seems like a big deal to me. OP I'd suggest you speak to your solicitor to try to address this assp

MarkAnthony

patsypantaloni wrote: »

Possibility of removal from the country seems like a big deal to me. OP I'd suggest you speak to your solicitor to try to address this assp

Indeed, but that was a subsequent edit.

I'm not sure if the guy has been deemed fit to have the kids on his own, how keeping them in one town/county prevents him driving to Dublin/Cork at a moments notice and removing them from the country.

In regards to what county they're in - is it that big a deal? Is an hour that big an issue? If it is, fair enough, go back to court.

Payton

You need to get it on record, eg if he is to have the kids back at 7pm and doesn't arrive until after 8pm I'd be down to the local garda station with your court order requesting it to be logged on the pulse system and do it every time he's late. With enough evidence to prove to the court that he has no respect for the court order you'd like the access to be varied. And like wise were a parent is refused access once it's logged on the pulse system it's proof and the judge can ask the garda who is present in court to retrieve the pulse records.
You can make the application yourself through the courts with as much evidence as possible, express your concerns to the court about his irrational behavior and your fears yet you respect your ex as the father of your children and your seeking the order to be varied to your terms.

livedadream

MarkAnthony wrote: »

In regards to what county they're in - is it that big a deal? Is an hour that big an issue? If it is, fair enough, go back to court.

if you were in cork and gave your kids to someone and the Court had told them to stay in Cork and they ended up in Limerick would be happy about.

play by the rules its that simple and this person isnt.

its a fine line in alot of these cases,

oh i was taking them to see the ferry, oh we got on the ferry oh yeah im not coming back...

she has a genuine concern and its obviously a big deal to her.

MarkAnthony

livedadream wrote: »

if you were in cork and gave your kids to someone and the Court had told them to stay in Cork and they ended up in Limerick would be happy about.

play by the rules its that simple and this person isnt.

its a fine line in alot of these cases,

oh i was taking them to see the ferry, oh we got on the ferry oh yeah im not coming back...

she has a genuine concern and its obviously a big deal to her.

If a parent has been deemed fit to have the children I'd do my very best to accommodate the other parent. In far too many cases when one drills down to the 'thinking of the kids' it comes down to a petty swipe at the other. Yes, absolutely the court order should be adhered to, however if it's of no practical benefit why make an issue out of it?

The entire country is the size of a postage stamp. If the order was for Cork and the parent was taking them to Donegal, okay I take the point. If it's Cork and Limerick, meh. If it's Limerick and not Cork or Wexford because of the Transport links, again I can understand the concern but if someone is going to take the kids to Timbuktu how does keeping them in Limerick help if they're not under constant surveillance?

If it's a big deal, fair enough, posting on the interwebz is not the way to deal with big deals, contact a professional. If you need the interwebz to tell you that, fair enough - contact a professional.