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Access with Protection order

  • 16-11-2020 1:00pm
    #1
    bocflower
    Registered Users Posts: 2 ✭


    I need advise on how access is affected when there is a protection order in place. Last month I was given an interim protection order against my ex husband. He is refusing to collect our children from their home for access, because of what it says in the order about him being prohibited from "watching or be setting the place where the applicant and dependent persons reside". He is expecting to instead meet him elsewhere with the children when he has access. He states he will not be collecting the children from their home because of the protection order.
    My question is, does a protection order prevent him from collecting the children from their home?


Comments

  • #2
    Xterminator
    Registered Users Posts: 4,716 ✭✭✭Xterminator


    Unless protection order is amended to allow access, yes.

    if its that acrimonious perhaps meeting at a neutral ground is a good idea.


  • #3
    Dilbert75
    Registered Users Posts: 4,724 ✭✭✭Dilbert75


    One person I know has a 5y safety order against their ex, with some similar wording, and an access order governing access to kids. The order requires the kids' access to be supervised by one of two named people, with an agreed allowance during collection and return of the kids (due to space constraints in car). But they don't pull up at the house, rather just down the street and the kids go out. They don't approach the house. And that works ok because it's in an urban setting. If something similar won't work, then somewhere like outside a Garda station where there is CCTV might be suitable.

    EDIT: Given that you're already in the situation whereby you need a protection order, and presumably will proceed to applying for a safety order, you will probably be very familiar with the power games that abusive people often play. So forcing you out of the safety and security of your home for his convenience and to cause you discomfort and inconvenience may well be just that, rather than some abiding respect for the word of the protection order. After all, if they respected what was right, nobody would need a protection order.

    Presuming you are a woman, maybe a call to Women's Aid might be valuable to you. They can't give you legal opinion but can be helpful in understanding what usually happens in such situations.

    If you are lucky enough to have a solicitor, maybe consult them too. Failing that, Citizens Advice often have legal clinics where you can get advice.

    If you have any fear about your collective safety, then that is the priority.


  • #4
    Cork Trucker
    Closed Accounts Posts: 2,553 ✭✭✭Cork Trucker


    As someone with previous experience in this area no it does not affect the access order. If the access order states collection from your residence then that is where it happens unless the access order was varied by the court. Watching or besetting would come into it if he had no reason to be there, whereas when taking access he does. If it was a full on barring order then that's a different story


  • #5
    feelings
    Registered Users Posts: 473 ✭✭feelings


    It depends on the wording of the protection order. Did the po include "SAVE & EXIT" regarding access?


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