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Court order for access from ex but no notification was received for court date!

dasistdoof · 2016-12-02 05:35:37

Myself and my ex have been separated for 4.5 years now. I'm taking him down the legal route to get maintenance/divorce but he is constantly stalling.... Anyway, I have always given him access to the children until April 2015 when the children once again came back after their time with him complaining how he always drinks…

02-12-2016 5:35am

#1

dasistdoof

Registered Users, Registered Users 2 Posts: 2 ✭

Join Date: December 2016

Posts: 1

Myself and my ex have been separated for 4.5 years now. I'm taking him down the legal route to get maintenance/divorce but he is constantly stalling....

Anyway, I have always given him access to the children until April 2015 when the children once again came back after their time with him complaining how he always drinks and takes them to pubs ( he used to have time with them at Easter, Stephens day till new year and a couple of weeks in Summer. All his choice of dates).

I spoke to my solicitor about my children's concerns and access was taken away for safety reasons (he also drove with them in the car after being in the pub and left them in an unlocked room above a pub that B&B whilst he drank till 2in the morning)

Although he is dragging my legal proceedings out he took me to court in July to get access. Due to the amount of cases that day we had to try and come to an agreement outside the courtroom so I asked what he wanted and he advised the dates as he always had. I agreed but on the provision he agreed that he didn't drink alcohol or take the children into pubs for the duration he has them. His reply was that he liked to drink with his meals (this was all done through the barristers). The case was adjourned.

Fast forward to now......I have received a court order stating he can have the kids Stephens day till Jan 1st. The court order is incorrect in itself as it shows me as the applicant and then further down says the applicant ( which shows as me) was represented by his barrister and the respondant ( which they have as him) didn't show up. Then it says the respondant is responsible to collect and drop off the children!

Firstly, does anyone know if someone (either the courts or his legal team) should have contacted either myself or my legal team to advise of the court date. The first any of us knew of it was when the court order turned up?

Secondly, should I contact the court to advise of the error on the court order re applicant/respondent?

Apparently the only way to appeal it is to go to the high court which I can't afford.

So far his stalling tactics on the maintenance/divorce has cost me €13000 which my parents have had to help me with ( I'm a stay at home mum)and we are still waiting for his fully vouched affidavit of means for my case progression. I don't have legal aid as I was originally declined by the legal aid board as he lives out of juresdiction. Apparently now that he has a solicitor here I can apply but the transfer over will hold up my case even more so I'm happy enough to plod on with the solicitor and pay a monthly amount to him to keep costs on track now

Thanks if you've read this far. Any advise, mainly on the first part would be greatly appreciated. My solicitor has written a letter of dissatisfaction to his but I just want to try and clear my head space.

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