I have been served a falsified court summons to the family court, is this a criminal offence?

RyanFord

Hi folks, first time ever posting here but could really do with some legal advice. I have received a summons to court a few months ago, from an ex partner, we also have a child together. We have been through the family court before, basically to confirm agreements, in relation to access and financials. Recently I received a summons by registered post, to the family court, for the courts guidance on a trivial matter I was previously being pressurized into agreeing to. A few weeks later I contacted the applicant and asked whether we could discuss the matter through mediation or have discussion between our legal reps rather than going to court, the offer was declined.

I was still, at this point under the assumption I was due to appear in the family court in a matter of days. Four days before the hearing date I was contacted by the applicant informing me there was a problem in the court office and the case wasn't proceeding on the date stated on the summons. I asked whether a new date had been set, no reply was received.

Several days later I contacted the court office by email to ask whether a new date had been scheduled. They asked if I had a previous case number which I provided. They asked whether I had received court documentation in relation to this matter. I responded that yes I had received a summons from the applicant by registered post. They then informed me that no recent application had been received by the court office in relation to our case number and as such there was no future appearance scheduled.

I need to know whether this constitutes a criminal or civil offence, it is driving me mad as I'm almost convinced the summons was malicious, and created to force me into compliance rather than attend court (which is on the other side of the country from me).

If so, what would you advise?

JVince

It absolutely is a criminal offence. It's fraudulent.

I'd bring it to your local Garda station. But maybe chat with your solicitor first - it might be a worthwhile bargaining chip

whomitconcerns

Talk to your lawyer. No one will give you legal advice here

RyanFord

Helpful, in its way.

Sigma101

@whomitconcerns is correct. For legal advice contact a solicitor. My non-legal view is that you're better to find a way to de-escalate. You say that the issue is trivial, so you should be able to resolve it between you. You have a child together so you need to sort it as amicably as possible and move on with your lives.

Peregrinus

If this was a fake summons intended to put pressure on you to make a deal rather than go to court how come, when you suggested doing a deal rather than going to court, the offer was turned down?

Something has gone wrong here, but it's not absolutely certain that it's the faking of a summons. There's a slim possiblity that there's been a stuff-up or error of some kind in the courts record system or, perhaps more likely, in the clerk's accessing of that system when he was dealing with your query. If so, the summons may have been properly issued but the court clerk couldn't or didn't see that.

I'm not saying that's very likely. I wouldn't even suggest it as a possibility, except that it would explain the anomaly I have pointed to.

If they did fake a summons, yeah, that is a very, very serious matter, not only for your ex but (perhaps even more so) for any solicitor who is representing her. But, precisely because it is such a very serious matter, you should be slow to allege it unless you are absolutely certain that it is true.

As Sigma1 points out, if you do raise this it will massively heighten temperature and pressure on all sides, and it will likely impede efforts to resolve any issues between you and your ex in a quick or friendly fashion. So you need to decide what your priorities are here. Definitely discuss this with your solicitor and, if you don't have a solicitor involved in this, I'm afraid now is the time to involve one.

phildub

Was the summons served by a legal rep or the applicant? In some court districts you serve the document first and then send to court with declaration of service. Perhaps she forgot to send the summons to court and hence why it wasn't listed and they have no record. I don't see what the purpose of faking the document is, if they have no intention of resolving outside court.

You mention legal reps, if you are both represented the legal documents should be served on your solicitor in the first instance