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Family Law: Breach of access order

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  • 05-11-2019 11:04am
    #1
    ubs69
    Registered Users Posts: 309 ✭✭


    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


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    #2
    SaltSweatSugar
    Registered Users Posts: 414 ✭✭SaltSweatSugar


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


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    #3
    nuac
    Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


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


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    #4
    ubs69
    Registered Users Posts: 309 ✭✭ubs69


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


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    #5
    Lmklad
    Registered Users Posts: 433 ✭✭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


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    #6
    nuac
    Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    Mod
    Title amended for clarity


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    #7
    ubs69
    Registered Users Posts: 309 ✭✭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


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    #8
    maccydoodies
    Registered Users Posts: 368 ✭✭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.


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    #9
    ubs69
    Registered Users Posts: 309 ✭✭ubs69


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


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    #10
    randomrb
    Registered Users Posts: 351 ✭✭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


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    #11
    ubs69
    Registered Users Posts: 309 ✭✭ubs69


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


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    #12
    Steviewinger
    Registered Users Posts: 74 ✭✭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.


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    #13
    Cork Trucker
    Closed Accounts Posts: 2,553 ✭✭✭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.


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    #14
    rondog
    Registered Users Posts: 594 ✭✭✭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.


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    #15
    Cork Trucker
    Closed Accounts Posts: 2,553 ✭✭✭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


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    #16
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,559 Mod ✭✭✭✭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.


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    #17
    ubs69
    Registered Users Posts: 309 ✭✭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


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    #18
    Cork Trucker
    Closed Accounts Posts: 2,553 ✭✭✭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.


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    #19
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    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!



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