Destruction of personal property

kato_the_cat

My ex-partner has destroyed or disposed of all my personal belongings from the family home. If I go to the guards would they care or do anything ?

Xterminator

take him to small claims court if you like. it covers

a claim for minor damage to property (but excluding personal injuries)

they cover property damage. going to the guards might be worthwhile to get the case registered, get a report on file etc. It may have value. If he claims to was jointly owned then he could argue he was within his rights to dispose of it, legally.

hence court may be the better remedy open to you. costs very little and allows you your day in court before an impartial judge.

https://www.boards.ie/discussion/comment/121104851#Comment_121104851

Isn't the small claims court only for consumer or business claim?

3102derek

https://www.boards.ie/discussion/comment/121104851#Comment_121104851

Who said anything about it been a him. It could be a Her..

kato_the_cat

It's a her.. I thought it may be criminal damage ? The items are not jointly owned.

Touché

https://www.boards.ie/discussion/comment/121104904#Comment_121104904

https://www.boards.ie/discussion/comment/121105294#Comment_121105294

Touché. Another sexist prejudice highlighted. Report it to AGS. Inform your solicitor. Almost certainly nothing will be done about it and the judge will in no way punish her.

She can do much, much worse and not be punished by the judge in your case so count your blessings. She can drag out your divorce for years and she will not have to pay your costs no matter how much you have abided by the deadlines for submission, etc. You can be living in the family home under the threat of her making a false allegation about you for all those years, and in effect she will continue to control you because, you guessed it, "I believe her" and you will be immediately arrested as soon as she makes a false allegation. You, as the man, will be asked - or court ordered if you refuse - to leave the home you own for years while a criminal case is launched against you based on her... false allegation. You could not create a more dystopian legal system than what passes as family law in this State.

When you are cleared of the false allegations after 3 or 4 years of forced living outside the home and the family law divorce case can finally progress, the judge will see you've been paying rent outside the family home and decide that a new régime is now established with regard to parenting your children. That judge of this State will rule that you can continue to stay outside the family home as you've shown you can pay that rent, and you cannot have 50:50 parenting of your children because your presence will now upset the new routine which your ex created by removing you from the family home based on false allegations. Oh, and your malevolent, evil (in the truest meaning of that word) witch of an ex will decide - completely ignoring any court order - the access you can have to your own children, and you will have to pay maintenance for your children while living in some substandard dive, and quite possibly spousal maintenance to the person who destroyed your life. This will be court ordered until your children are 23, assuming they go to third level.

And when your control-freak ex refuses you access to your own children, and turns the children against you in parental alienation, and you see them whenever she allows you to (because, for instance, she wants to date and bring a guy back to the house you have to continue to pay the mortgage on), not a single judge in this State will imprison her even though she is breaching international agreements which the Irish State signed up to and indeed Irish law by refusing a father access to his children. There are so many levels of abject inhumanity perpetrated by the Irish State's continuation of the current savage family law system, and among the worst of them is the complete, universal refusal of judges to punish all these women for the utterly destructive evil of false allegations. Punish them not by jail, but by removing them, mothers, from the family home and giving full parenting and residency rights in the "family home" to the... father and publicly naming the women. Imagine that for a turn-up for the books! Overnight, false allegations in family law cases will be enormously reduced. As long as no punishment exists, they will proliferate and men will suffer due to judicial prejudice and this great lie of "There's no smoke without fire". These things do not just happen "other people". It could be your son, your nephew, your male friend, your male cousin, your father, your uncle, you.

All across Ireland, this is the legal reality for thousands of fathers. There is no taxpayer-funded lobby group to scream on behalf of all these men against the eternal victim propaganda of the taxpayer-funded women's rights industry. The more men who finally start speaking up about what has happened in their case - for which, of course, they can be jailed due to the 'in camera' secrecy laws of Irish family law - the more likely it is that this will change. But for as long as men keep quiet, the terror (in the truest meaning of that word) and abuses of the intentionally long Irish divorce process will continue and men will continue to be overwhelming the victims of this savage legal system which imposes immense injustice on Irish citizens because of their gender.

stargazer 68

https://www.boards.ie/discussion/comment/121106424#Comment_121106424

OP could be a woman too!

Dial Hard

https://www.boards.ie/discussion/comment/121106424#Comment_121106424

Dude, your shtick is getting really, really old at this stage and it's not even remotely helpful, despite what you seem to think. People posting here need practical advice, not your personal crusade.

kato_the_cat

Everything @Touché says is true. The original post regards property however he is right and I am living the playbook. I have not seen my children for two years. If I try to speak to them and tell them I love them, the Gardai are called and told I am harassing them in the street.

Dial Hard

https://www.boards.ie/discussion/comment/121106553#Comment_121106553

If that's the case then you badly need a better solicitor and not the advice of randomers on the internet who clearly have an agenda.

https://www.boards.ie/discussion/comment/121106470#Comment_121106470

That was, obviously, very practical advice: be aware that she has the judiciary, Garda and all forces of the State on her side entirely because of her gender. By default, her gender makes her the "victim". It doesn't matter so much what the OP does, or doesn't do, because at the end of the day the judiciary will weigh against him because of his gender and dollops of the "I believe her" prejudice.

Every single man in Ireland should be made aware of what is happening to good men in the family courts, and in particular how false allegations come as sure as night follows day. Avoid marriage/a legal contract with a woman (gay marriage, ironically, should be safer) until the judiciary and Irish family law is radically overhauled. I wonder were women in the early days who campaigned against the abuse of women dismissed by you as also having an "agenda"?

And, as if to prove my point about how the judiciary actively encourage false allegations, this story last night sums it up: https://www.irishexaminer.com/news/arid-41225728.html?fbclid=IwAR1npM8bY4MjPomF_eHaysnM3NuS4s3zS78mhzCgjw_QoUdFZbCP0RkVdIk

"At the Family Law Court, Judge Alec Gabbett said that a Tusla report handed into court recommended that the girl’s father have sole custody of the girl because of the risk of ongoing emotional abuse of the child while remaining with the mother.

Judge Gabbett said this was because of the unfounded allegation made by the woman against her ex-partner which were designed, according to the report, to frustrate his access to their child.

Judge Gabbett stated: “Put simply, Tusla is saying that the mother has engineered a situation where her child has been subjected to medical examination, psychological examination, Garda interviews, and the allegations were all unfounded. "This has happened on at least three occasions in order to frustrate the father’s access to his child.” 

The nature of the allegations against the father was not specified in court, but Judge Gabbett described them as being “of an extremely serious nature”.... Solicitor for the father, Pamela Clancy, said that dealing with the allegations "has been hell for my client”.

Judge Gabbett said that the mother can “mend her hand” and allow access to the girl with her father on a 50/50 basis'

So, despite years of false allegations laid against a father and denial of access to his children at enormous emotional and financial cost to him, rather than removing access from the mother and granting it and the family home to the father, as well as imposing financial penalties on her, the judge gives her a second chance to "mend her ways". Once again, the Irish judiciary send a message loud and clear to women: there are no penalties for laying false allegations against men, even when you are found out so continue on!

How long before a TD has the balls to speak up about what is happening to men in the family law courts? The very existence of a false allegation has an enormous silencing effect so everybody backs off based on the "no smoke without fire" mentality. This makes it a particularly malevolent tactic so when discovered, the judges should crucify the people who create so much pain, not encourage them.

RIRI

OP the Gards can’t help regarding your property but your solicitor should. Of course it will cost you but that’s the sh!t show that is Irish family law unfortunately. If your solicitor isn’t proactive in this it’s time to find another one. It’s an awful situation to be in, I wish you all the best.

Not to derail your thread BUT… I’ve said this before & I’ll say it again, whichever gender does not engage, frustrates the process, alienates the children etc etc faces no repercussions by the court- regardless of gender. This behaviour is not the sole preserve of women. I know of several cases where it is the men acting this way & are getting away with it.

feelings

I tried to get my ex to pay for the items she dumped and/or destroyed. Had the judge tell me I should have taken my belongings from my own house if I wanted them. Dismissed the claim without even listening or looking at my evidence.