Family Law: Breach of access order

ubs69

Hi , is it possible to bring a criminal case for breach of access. Garda say no it's civil matter, others say it's criminal seems it's in limbo , has anyone ever done it , is really like to bring a case

SaltSweatSugar

Is it court ordered? Your best bet is to talk to a solicitor. Gardai are right it is a civil matter.

nuac

Mod
Talk to the solicitor who acted for you in the proceedings.
Leaving open for general discussion subject to forum rules

ubs69

Just wondering if anyone brought proceedings, I'm representing myself , no need for solicitor, just a general discussion

Lmklad

If access is granted by a court order the “offended” party is the Court. If you are representing yourself you will need to show to the judge how the order was breached and it is up to the judge to decide if there is to be any sanction.

ubs69 wrote: »

Just wondering if anyone brought proceedings, I'm representing myself , no need for solicitor, just a general discussion

nuac

Mod
Title amended for clarity

ubs69

Yes it Is court ordered ,, 10 times it's been breached , by no show , no explanation , just suits herself when and which kids you get ,, like she decides what you get , no one else will tell her what to do

maccydoodies

If its breached after 3 instances and you can prove it go back to DC where it was ordered and ask for a breach of access summons and go from there. Judges don't like to see orders of the court not being adhered to. The wording of the summons is complainant/defendant so its a criminal matter arising from not complying with a court order. Go to a solicitor.

ubs69

Id rather stay away from solicitor, they only fuel the flame , thanks for reply ,

randomrb

It needs to go before the judge again if there has been a breach and he may make more specific orders. If there is still an issue the judge decides whether it can become a criminal matter you don't

ubs69

Order was made in circuit court, returning to district court with access enforcement application , see how that goes

Steviewinger

A single father lay litigant , wishing to bring enforcement order against an ex. I despair. I can guarantee you will get no peace from this.

Cork Trucker

I’ve been going through this exact issue for many many years,in my experience the court won’t take action against the mother, my access has been stopped for years at a time due to the litigation process. The courts are a useful tool but not always.

rondog

Theres equality for women and the LGBTQ community but fathers always seem to be second rate citizens when it comes to their own children.

OP bring everything you have to court and keep bringing it to court ,have a record of the mother taking the p1ss so you have ammunition showing she in unreliable and difficult.

Cork Trucker

rondog wrote: »

Theres equality for women and the LGBTQ community but fathers always seem to be second rate citizens when it comes to their own children.

OP bring everything you have to court and keep bringing it to court ,have a record of the mother taking the p1ss so you have ammunition showing she in unreliable and difficult.

The LGBT community are being bestowed with rights to children who are not biologically theirs while men are campaigning for decades for the same to children who are biologically theirs

Robbo

Just a gentle reminder that this isn't AH or it's successor-in-title and we expect a reasonably well informed discussion on legal matters, not poorly reasoned bar stool natter.

ubs69

rondog wrote: »

Theres equality for women and the LGBTQ community but fathers always seem to be second rate citizens when it comes to their own children.

OP bring everything you have to court and keep bringing it to court ,have a record of the mother taking the p1ss so you have ammunition showing she in unreliable and difficult.

,, I will I've got 14 breaches reported to guards , just hope they look at them , it's kinda a roll of the dice who you get , , I was in court with 8 women , and me , seven if them seen straight thru her actions , but at the end of the day it's up to the mother if you can see your kids

Cork Trucker

ubs69 wrote: »

,, I will I've got 14 breaches reported to guards , just hope they look at them , it's kinda a roll of the dice who you get , , I was in court with 8 women , and me , seven if them seen straight thru her actions , but at the end of the day it's up to the mother if you can see your kids

Did you ever find some gardai would advise you that it's pointless in them recording it on the PULSE system? I've recorded dozens of breaches and it was pointless in the end. Historically i have been hammered in the District Court by a female judge only to get her orders overturned on appeal every time. Alienation is another factor you may have to put up with.

https://www.boards.ie/discussion/2058028314/family-law-breach-of-access-order

I appreciate this thread is 4 years old but it must be made clear that the garda's implication that breach of access is not a criminal matter is factually incorrect. Breach of access is a criminal law matter in Irish law.

"Breach of an access order granted by the District Court is also a criminal offence (Section 5 of the Courts (No 2) Act 1986)" [https://www.legalaidboard.ie/en/about-the-board/coronavirus-covid-19/access-and-custody-during-the-covid-19-crisis.html]

Fight back, fathers. And start telling people sbout the false allegations and lies. Fight back!