Serving a summons - access to grandchild

mirwillbeback

Hi all,

Looking for advice.

Our grandchild is in care with her other grandparents (informal arrangement) due to the mother and father being on drugs. Tusla have been involved but nothing short of woeful, I’m afraid to say.

We went to a family law solicitor to put in a case for regular access. A summons was sent by post but refused. Despite her only seeing her child once since May 23rd last year, it seems she still has all the power in the eyes of the law, so we need to go through her.

Is there any way we can serve these papers ourselves or through an agency so that we can get a day in court? We’ve never been involved with solicitors before so really unsure of process.

Any help is really appreciated.

Thanks

Paul

Contact Treoir - they will be able to give you practical advice on how to proceed, and its free. Tel 016700120 or

www.treoir.ie - Grandparents.

comment

mirwillbeback wrote: »

Hi all,

Looking for advice.

Our grandchild is in care with her other grandparents (informal arrangement) due to the mother and father being on drugs. Tusla have been involved but nothing short of woeful, I’m afraid to say.

We went to a family law solicitor to put in a case for regular access. A summons was sent by post but refused. Despite her only seeing her child once since May 23rd last year, it seems she still has all the power in the eyes of the law, so we need to go through her.

Is there any way we can serve these papers ourselves or through an agency so that we can get a day in court? We’ve never been involved with solicitors before so really unsure of process.

Any help is really appreciated.

Thanks

Paul

Yes you can hand deliver them (personally serve) to her. Your solicitor will explain the process.

mirwillbeback

Thanks to both of you

ohnonotgmail

There are companies that will personally serve a summons on your behalf. Your solicitor should know who they are.

Claw Hammer

comment wrote: »

Yes you can hand deliver them (personally serve) to her. Your solicitor will explain the process.

A litigant should not serve their own summons.

nuac

Mod
Your solicitor will advise

Lenar3556

Claw Hammer wrote: »

A litigant should not serve their own summons.

I wasn’t aware of any rule to this effect? Can’t see why it would particularly matter who served it, unless perhaps a question of credibility in the event of a doubt surrounding the service?

But agree OP should take legal advice on this matter, and carefully consider the implications of any actions they may take.

Lenar3556

mirwillbeback wrote: »

Hi all,

Looking for advice.

Our grandchild is in care with her other grandparents (informal arrangement) due to the mother and father being on drugs. Tusla have been involved but nothing short of woeful, I’m afraid to say.

We went to a family law solicitor to put in a case for regular access. A summons was sent by post but refused. Despite her only seeing her child once since May 23rd last year, it seems she still has all the power in the eyes of the law, so we need to go through her.

Is there any way we can serve these papers ourselves or through an agency so that we can get a day in court? We’ve never been involved with solicitors before so really unsure of process.

Any help is really appreciated.

Thanks

Paul

I would suggest follow the advice of your solicitor, or appoint a new one if you are not happy with how it is being handled.

Bear in mind that this is a sensitive matter, and the courts will be concerned with what is in the best interests of the child - much more so than the wishes of grandparents.

You need to be seen in a high regard, and tearing around serving papers yourself might not do this.

Evasion of service is common, and while annoying, you have to follow due process. Once the court is satisfied that reasonable attempts have been made, they will ultimately order alternative service, such as by ordinary certified post, email, or even social media if it came to it!

Claw Hammer

Lenar3556 wrote: »

I wasn’t aware of any rule to this effect? Can’t see why it would particularly matter who served it, unless perhaps a question of credibility in the event of a doubt surrounding the service?

But agree OP should take legal advice on this matter, and carefully consider the implications of any actions they may take.

If you look for an order and the other side is not there, the court will have to be satisfied as to service. The litigant clearly has an interest in swearing up to prove service so the court will want evidence from an independent person as to service.
A prosecuting guard is not allowed serve his own summons to reduce the likelihood of a malicious guard having someone convicted without serving at all.