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Enforcement Order

  • 02-04-2017 3:37pm
    #1
    boardsuser1
    Closed Accounts Posts: 6,186 ✭✭✭


    Does anyone have any experience of these?

    I have court ordered access with my child.

    Due to a disagreement with the mother she has prevented me taking up access with the child.

    I have reported the matter to The Gardai and it has been logged on the pulse system.

    I am not seeking legal advice as I will be phoning my solicitor tomorrow morning.

    Thanks in advance.


Comments

  • #2
    Jawgap
    Closed Accounts Posts: 20,296 ✭✭✭✭Jawgap


    KC161 wrote: »
    Does anyone have any experience of these?

    I have court ordered access with my child.

    Due to a disagreement with the mother she has prevented me taking up access with the child.

    I have reported the matter to The Gardai and it has been logged on the pulse system.

    I am not seeking legal advice as I will be phoning my solicitor tomorrow morning.

    Thanks in advance.

    Yes, I have.

    Best thing you can do is talk to your solicitor.

    Also, fwiw, record the details and anything associated with the denial of access - dates, times phone calls etc

    Don't step outside the terms of the access - if access is Friday to Sunday.....don't do anything like call to see your child on Monday, or show up unexpectedly at her school.

    Stay calm - don't rise to any provocation. Remember with kids it's the long game that's important - before you know it they'll be in their mid to late teens and making their own decisions and stuff you do now will most definitely be remembered.

    Finally, your solicitor can fill you in on the realities of having an access order enforced - it's not easy despite what the law might say.

    Good luck.


  • #3
    boardsuser1
    Closed Accounts Posts: 6,186 ✭✭✭boardsuser1


    Jawgap wrote: »
    Yes, I have.

    Best thing you can do is talk to your solicitor.

    Also, fwiw, record the details and anything associated with the denial of access - dates, times phone calls etc

    Don't step outside the terms of the access - if access is Friday to Sunday.....don't do anything like call to see your child on Monday, or show up unexpectedly at her school.

    Stay calm - don't rise to any provocation. Remember with kids it's the long game that's important - before you know it they'll be in their mid to late teens and making their own decisions and stuff you do now will most definitely be remembered.

    Finally, your solicitor can fill you in on the realities of having an access order enforced - it's not easy despite what the law might say.

    Good luck.

    The original access order was for Monday and Saturday.

    There was a clsuse that we could change the arrangement if consent was on both sides.

    It was changed to Tuesday and Sunday.

    I intend on turning up on Tuesday.

    This is an attempt to get the access order thrown out on her behalf.

    Thanks for the advice you have provided.

    Very helpful.


  • #4
    lifeandtimes
    Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    KC161 wrote: »
    The original access order was for Monday and Saturday.

    There was a clsuse that we could change the arrangement if consent was on both sides.

    It was changed to Tuesday and Sunday.

    I intend on turning up on Tuesday.

    This is an attempt to get the access order thrown out on her behalf.

    Thanks for the advice you have provided.

    Very helpful.

    Do you have proof this was changed by agreement?

    If so that's good, if not you've no leg to stand on if you showed up on a Tuesday and it was denied judge will say you were supposed to be there on monday

    However if the agreement is there in writting until you show up on Tuesday to collect your child no order has been breached.

    If access has already been denied then you must go the family courts and lodge a breach of access and you will have a court hearing within 21 days.

    You follow the order,show up when your supposed too and if it's still denied lodge it with courts


  • #5
    boardsuser1
    Closed Accounts Posts: 6,186 ✭✭✭boardsuser1


    This woman really has my head fried.

    I'm still getting my access even when i need to change the times due to work.

    That is the good bit.

    Now for the latest bit.

    The mother won't tell me who the child's doctor is and i am in limbo in obtaining those details.

    An hour ago, she rang me asking to take the child immediately, today is not my access day but i was willing to gladly take her anyway.

    But because there is a 2 hour window where i wasn't able to please her she said 'it's grand i have my family'

    That is with no notice whatsoever.

    This is the interesting bit, i am now in a position where my child is being cared for by her family and i do not know where she is.

    I am not seeking legal advice as i am already after trying that route on the previous issue.

    Today's issue i don't know what to do about it.

    If anyone has an opinion that might contravene the charter please send me a PM.


  • #6
    aujopimur
    Registered Users, Registered Users 2 Posts: 3,953 ✭✭✭aujopimur


    Do not use phone calls, text only, this way you will have a record of everything said.


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  • #7
    boardsuser1
    Closed Accounts Posts: 6,186 ✭✭✭boardsuser1


    aujopimur wrote: »
    Do not use phone calls, text only, this way you will have a record of everything said.

    Yeah, that's what I'm doing. I used to have Viber as a means of contact but she kept deleting messages before I could screenshot them.

    Now when I send a message she rings me in reply as a result.

    As regards her shenanigans today I told her in text I'll be seeking legal advice on the issue.

    I got no call back to that.


  • #8
    ohindeed!
    Closed Accounts Posts: 6 ✭ohindeed!


    Please please think twice about going down the legal route. The court system is awful and stressful and you can get every order in the book, but the other party can still ignore it and you will just have to go back to court again. If you can at all talk to a mediator or counsellor and try and get some advice from someone who is not involved emotionally for some guidance that might help you. And the costs are not just financial.


  • #9
    boardsuser1
    Closed Accounts Posts: 6,186 ✭✭✭boardsuser1


    ohindeed! wrote: »
    Please please think twice about going down the legal route. The court system is awful and stressful and you can get every order in the book, but the other party can still ignore it and you will just have to go back to court again. If you can at all talk to a mediator or counsellor and try and get some advice from someone who is not involved emotionally for some guidance that might help you. And the costs are not just financial.

    In the court system over 10 years now, she drew first blood but says I did it. Court records show otherwise.

    Mediation wouldn't work.

    I know everyone looks at their own case as being the worst ever but my own is beyond toxic at this stage.


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