Failure to Appear for Joint Guardianship Case.

Davidian_ie

Have a court date set for the morning but over the course of the weekend, the mother of my child has told me she is not going to turn up.

Where does this leave me? Will they set another date after they summon her to court? Or will the judge still listen to my request for Guardianship?

Advice greatly appreciated.

James Jones

Did she give a reason?
The Judge will either adjourn the hearing or ask why she won't appear. He will then either adjourn based on the reason for non-attendance or grant Guardianship. There is no real way of knowing, as each judge is different,the hearings are held in secret, there are no records kept of the hearings and so there is no way of knowing.
Just go along and hope for the best.
Good Luck!!!

Big Bag of Chips

What ever you do, make sure YOU turn up. She may be bluffing? I'm assuming by the fact you are going to court for guardianship that she doesn't want to give it too easily?

So maybe she is telling you she won't show up. Hoping you won't show up. And then she can tell the judge how useless you really are.

Go. If there's no good reason for not being granted it, there is a very good chance you will be given it in her absence. And her "no show" won't reflect very favourably on her. The courts are busy. Judges don't like time wasters or people taking the mick.

Davidian_ie

Basically saying that she has to go to work and is trying to claim that I should have dealt with her solicitor, rather than giving her the paperwork for the court case. The bottom line is she has no respect for the way the court/system operates here(She is not Irish). Believes it all has to be on her terms, hence why I have to go to court. Dread the thought of it being adjourned because I just want what is best for my child and to ensure that I know where he is at all times.Hate things being dragged out for the sake of being awkward.

Kildrought

I just want what is best for my child and to ensure that I know where he is at all times

What's best for your child is for you to be the best father you can be. Go ahead with the court date; the odds are that you will be granted guardianship, but it may not give you what you expect, it certainly won't ensure that you know where he is at all times!

James Jones

Davidian_ie wrote: »

Basically saying that she has to go to work and is trying to claim that I should have dealt with her solicitor, rather than giving her the paperwork for the court case.

That's actually quite reasonable. The judge will probably agree and so the case will be adjourned but you must attend anyway.

Davidian_ie wrote: »

The bottom line is she has no respect for the way the court/system operates here(She is not Irish).

For this reason alone, it is VITAL that you pursue Guardianship. Until you made the application, she could have left the country with your child and you would have had no recourse. The application was enough to give the court jurisdiction over the child. Your application will most likely be eventually granted and if not, you can appeal to the Circuit Court but she won't be able to leave the country with your child until the Court process is exhausted.

Davidian_ie wrote: »

Believes it all has to be on her terms

It is, except for the right for her to remove the child from the country. In all other aspects of the life of a child, Guardianship is ignored. Just check out any consent form that the HSE have, or the enrollment form for any school your child might attend. But don't worry about all that. Get Guardianship simply to prevent legal abduction and then set yourself up for Equality Tribunal cases when your consent is not sought.

It can be a nice little earner!!!;)

Davidian_ie

Thanks for taking time out to offer me advice, really appreciate it. Just feel a little deflated that it is possible that this will drag on for more time.

I have been living with the fear of her taking flight, for the past couple of months. Last week she texted me to say she was going to the UK with my child. I was aware that she was not entitled to do so when a Court date was set, so she left my child with her Mother. Seems strange that she can go on vacation and that I don't automatically get full time care for my own child during that time. She has been off work on annual leave and choses the morning of the case to return to work. Surely she could have worked her dates to accomodate the court date.

Will be lucky to get an hour of sleep tonight. Anyway thanks again for the advice.

trishasaffron

Good luck

Cavehill Red

Davidian_ie wrote: »

Thanks for taking time out to offer me advice, really appreciate it. Just feel a little deflated that it is possible that this will drag on for more time.

I have been living with the fear of her taking flight, for the past couple of months. Last week she texted me to say she was going to the UK with my child. I was aware that she was not entitled to do so when a Court date was set, so she left my child with her Mother. Seems strange that she can go on vacation and that I don't automatically get full time care for my own child during that time. She has been off work on annual leave and choses the morning of the case to return to work. Surely she could have worked her dates to accomodate the court date.

Will be lucky to get an hour of sleep tonight. Anyway thanks again for the advice.

I'd advise considering an application for joint or sole custody also. Perhaps talk to Parental Equality about your situation. They have extensive experience in these matters.

James Jones

Davidian_ie wrote: »

Seems strange that she can go on vacation and that I don't automatically get full time care for my own child during that time.

Even if you get Guardianship, or eventually Joint Custody, she could still do this.

Davidian_ie wrote: »

She has been off work on annual leave and choses the morning of the case to return to work.

Did you give her adequate notice by registered post? If so, make sure to tell the Judge and have documentary evidence with you.

Cavehill Red wrote: »

I'd advise considering an application for joint or sole custody also. Perhaps talk to Parental Equality about your situation. They have extensive experience in these matters.

There is a problem with that website at the moment but keep the link.

Davidian_ie

Just to update, all went well and Guardianship was granted. Her failure to appear worked in my favour, as the judge was unimpressed that she failed to show. Thanks for all the advice, appreciated.

James Jones

Well Done!!!;)

Just don't expect too much from Guardianship. The main thing is that you have done is that you have prevented your ex from taking your child out of the country.
Be aware that most other matters relating to Guardianship will be ignored. My own case HERE should show you what to expect but, as I said earlier, this could lead to Equality Tribunal cases for you. Print off a copy of THESE GUIDELINES (introduced after my complaint but ignored) and use them as a basis for any situation you are not involved in as Guardian such as HERE.

By the way, you should send your ex a copy of the Court Order, as well as the local HSE Community Health Center. You are probably aware of the "In Camera" rule which means that Family Law court orders are secrect but they CAN be shown a number of Prescribed Persons found on S.I. No. 338 of 2005.

NB: I was going to tell you to send a copy to the G.P. but doctors are not listed as "Prescribed Persons". I'll try to sort that out and keep you posted.

cynder

Been reading through and am delighted for you....