Family court

loubian

I'm in court next week for access, guardianship and maintenance and I don't know what to expect. Can anyone who has been through this let me know what usually happens? I've had an awful unsupportive solicitor so don't know what to expect at all!

wolfpawnat

First of all, even if it is free legal aid, ditch the useless solicitor. You shouldn't have to ask this all online, they should have counselled you at length long before now.

In the areas you asked about,

Guardianship, unless there is a viable reason (violence, etc) the court will more than likely grant guardianship. It does not force you to put his name on A's birth certificate, nor does it mean he gets any major legal rights, just that he can go to the hospital with her and sign consent forms and the like.

Access Again, unless there is a good reason not to, they will grant it to him. You will both be asked what suits ye, take into account you going back to work and where you both live and transport, and where it will take place and for how long. Just because he wants 4 days a week for 4 hours each at his house does not mean he will get it, nor does it mean you'll get what you want either, it will be negotiated. You need a good solicitor that will listen to you and put any and all of your requests and concerns across.

Maintanence Bring receipts for what A costs, food, creams, doc appointments, clothes, transport to doctors, children's allowance, bank statements, EVERYTHING. And a letter or print offs of emails (your email address markered out) from local creches regarding costs of care while you work if you are going that route. Tell them what you think you need, you may not get it, especially considering his work circumstances, but make it clear you need something to help raise her. He will have to provide the same and the judge will decide then based on both your statement of means, what should be paid.

As for the length of time you will be in there, it depends on negotiations between both parties, it can take near an hour in some cases, 5 minutes in others. Both solicitors will get to talk about what they expect and the judge (if they are half way decent) will only be concerned with A's needs. Always get that point across, everything is for A.

Good luck.

HotHHead

Just to add to the above, re guadianship, if he was violent towards you, he will still get guardianship, the majority of fathers will get this and if there are o major issues or concerns you have, I would just consent to it. Guardianship, will give him a say in education, medical and religion. Also guardianship has nothing to do with name on birthcert a father can do this on his own without permssion from the mother, even if he hasnt been awarded guardianship..

Access the same goes as above, it doesnt matter how he treated you this is about father an child. There may be no issues like violence etc but just covering it.

Agree with above, give a higher amount than you actually want/need as you will rearly get what you ask for. Have back up, receipts etc that coinside with your affadavit of means..

Your solicitor sounds useless, good luck and let us know how you get on..

Klingon Hamlet

Wherever possible --- and I don't know your circumstances --- but wherever possible, agree on things before you go into the court room. This will make the actual hearing as relaxed and painless as possible --- and it will help build up trust between you as you have both come to an agreement without an authority intervening or overriding your powers as parents.

I would also seek the assistance of a mediator---Dolphin House in Dublin provide a free one---if you find you cannot agree on things. Judges are under pressure to resolve things quickly wherever possible whereas you now have the time to go over things before you face the judge---agree together or get a mediator to help and if everything is agreed the judge will happily sign it off and make it a court order.

Hope this helps. Good luck.

V.W.L 11

can anyone advise on their experiences of the family law appeal court??? up next week and dreading it