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Case progression family court - process / what to expect? t

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  • 21-06-2022 11:46pm
    #1
    Registered Users Posts: 19


    Can someone (with experience hopefully) please outline what generally occurs during a case progression hearing with registrar at family court. Just wanting to know what to expect and prepare for same.



Comments

  • Posts: 0 [Deleted User]


    From my experience the legal representatives for both parties meet to discuss the issues and see what can be resolved prior to a court date. The main issues will be the Affidavit of means and Affidavit of welfare for the children. That will be custody and access etc.



  • Registered Users Posts: 19 Two Hill


    Will there actually be negotiations at the case progression or is to just a formal run through a questionnaire highlighting what is still not agreed? Will negotiations be recommended by court registrar?



  • Registered Users Posts: 19 Two Hill


    Will there actually be negotiations at the case progression or is to just a formal run through a questionnaire highlighting what is still not agreed? Will negotiations be recommended by court registrar?



  • Posts: 1,344 ✭✭✭ [Deleted User]


    No negotiations/ it's a " where are we at" call-over. Normally, neither side need to be ( or are) present.



  • Registered Users Posts: 19 Two Hill


    OK thanks... That's frustrating..... So a formal review with solicitors to summarize where status is or not...... We already know that. Would prefer if it was progressive towards a solution.... Seems to be little negotiations within the formal process.



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  • Posts: 1,344 ✭✭✭ [Deleted User]


    " frustrating" is certainly a word for it...... but 'case progression' is a big forward really....in the first decade after the introduction of divorce ( 96- 2005) cases could & would stagnate for years prior to being set down for hearing. The registrar will see that all the criteria have been met ( residency, lived apart, no prospect of reconciliation, proper provision) to send the case forward for hearing / date. Obviously, if all matters have been agreed by both parties you'd be looking for a date on the " consent" list which will have a much shorter / sooner timeline.



  • Registered Users Posts: 19 Two Hill


    Thanks Ken..... I did guess that it be check point only..... I'm finding the lack of negotiating thus far a very big frustration..... How are things to be on a consent list if there is no negotiation by solicitors...... Am I just to wade in and start negotiating with my ex myself?........ Or is there a step after case progression where negotiating takes place? Any experience on this is very helpful.



  • Posts: 1,344 ✭✭✭ [Deleted User]


    See, every day somewhere in Ireland someone ( male or female) walks into a solicitors office & says ' i want a divorce & we've decided everything.... property/ pensions / cars etc'. The solicitor knocks up a civil bill & a " consent agreement"- the registrar puts it into the " consent list"....a matter of weeks later the judge grants a decree of divorce with the 'agreement' attached...... & that's it.../ over.

    Now these are the divorces that judges & registrars love...... not so good for the lawyers from a financial perspective but ' cest la vie'.

    Now, looking at the MAJORITY of cases which are ( in some cases fiercely) contested.......there is a multitude of items that need resolving/ deciding.... IT IS BEST if these can be addressed by the opposing spouses/ perhaps by mediation. Mediated divorce agreements can be fantastic but they're only worthwhile if entered into with full transparency & a "buy in" from both sides. I'm not prying ( & DON'T want info re your case) but I assume your solicitor has mentioned/ mooted mediation at some stage??? From experience, long-term, the couple's who had mediated agreements( consent agreements) have the best/ more amicable post divorce relationships. Anyhow, I've distressed here..... the simple answer to your query is " YES, negotiations can/ will & SHOUD be taking place right up to the moment the door is opened for the divorce hearing".......but...but..... any unresolved issues will then be up to the judge.....& believe it or not, that's is NOT what you or your spouse want



  • Posts: 1,344 ✭✭✭ [Deleted User]


    " DIGRESSED" ..... bloody predictive text



  • Registered Users Posts: 19 Two Hill


    Thanks Ken....... Situation for me is my other half formally refused my offers of mediation (once via her solicitor and once via my approach via mediation board)...... Since then it has been quite stalematey...... We are awaiting a section 47 report to conclude (taking forever)..... about to summons for case progression...... But wonder is there any point if we still don't have section 47?.......... My real desire is to get to meaningful negotiations..... But I am unsure when negotiating occurs if not at case progression.... If at all?...... Any advices welcome.

    Post edited by Two Hill on


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  • Posts: 1,344 ✭✭✭ [Deleted User]


    Unfortunately, without the section47 it will be ' stalematey' ..... these reports are always slow but covid pushed everything back.



  • Registered Users Posts: 19 Two Hill


    Thanks Ken, hoping to have section 47 very shortly.. Am I right in assessing it then worth initiating negotiations myself rather than wait for it through the process? It seems the process has little to no negotiation until the 11th hour - if I'm reading it correctly. Appreciate your experience of these matters. Many thanks.



  • Posts: 0 [Deleted User]


    "any unresolved issues will then be up to the judge.....& believe it or not, that's is NOT what you or your spouse want".

    Why? If one's ex refuses to concede anything in mediation because, in a nutshell, she fully expects that by virtue of her gender a judge will grant her the house and all the custody and maintenance she requests, mediation is, for her, essentially a box-ticking exercise so as not to be punished by a judge for refusing to try it out first.

    I suspect all across Ireland there are women who similarly know the courts will side with them and therefore have no interest in conceding anything in mediation. I fail to see any stick being used by the courts against the women who approach mediation with this attitude. Men are damned either way.



  • Posts: 1,344 ✭✭✭ [Deleted User]


    No, unfortunately, there'll be zero traction until sec47 is completed/ read.....how could there be????



  • Registered Users Posts: 19 Two Hill


    Thanks Ken. Well - would I be as well delaying a case progression until we are in receipt of and have read / digested the section 47?



  • Posts: 0 [Deleted User]


    How are you finding the S47? going through it my self. Like said earlier the divorce cannot be settled untill the S47 is produced and custody/access is sorted.



  • Registered Users Posts: 19 Two Hill


    Make sure you tell truth and have all aired.. Be positive and children focused with their concerns first and foremost.... Leave the bitching to others.... Tell the truth and be the nice guy that I'm sure you are.... Tis the honest way and all you can really do. Try and push for a time frame to complete as it is remarkably slow at present.



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