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Abuse of process in Irish Family Law

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  • 27-11-2019 1:36am
    #1
    SFTA
    Registered Users Posts: 1 ✭


    Good evening,

    My partner has been involved in a bitter and turbulent separation along with her kids. This legal battle has persisted for a couple of years now.

    Basically, her ex husband has been harassing her via his solicitor and court proceedings, by persistently manufacturing false statements/allegations over and over with the goal of sustaining his only form of attack over her and her kids indefinitely. It is also a strategy to drain her of economic stability by forcing her to reply via her solicitor and attending court dates.

    In my irish law research this is considered to be a "vexatious litigation/frivolous and or isaac wunder order. My partner has a solicitor but her solicitor insists on telling her that these orders i just mentioned are not applicable to family law.

    I find it very hard to believe/accept that an ex partner can utilize the legal system through persistent and only fabricated allegations to sustain his attack indefinitely on his ex wife to abuse her emotionally/psychologically and economically until he feels like it and she has no choice but to accept it and be drained of her economic stability and mental health.

    What I'm looking to discover from this question and to present to her solicitor so she may take action, is

    1. can she indeed take legal action against his abuse of process and if so, how so?

    2. if she indeed cannot defend against fabricated allegations to abuse her in mentioned ways indefinitely, what would be the closest or most appropriate approach to take legally to terminate this problem?

    Sources of information are not a must but would be helpful. Thank you extensively for your help!

    Mod
    Sorry, cannot give legal advice here. Will leave open for general discussion subject to forum rules
    Tagged:


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    #2
    ohnonotgmail
    Registered Users Posts: 40,437 ✭✭✭✭ohnonotgmail


    Not a solicitor but the first case here might be relevant.

    https://scoirl.wordpress.com/tag/isaac-wunder-order/

    Basically it is possible to obtain an Isaac Wunder order in family law cases but it is rare
    Charleton J (here) stated that, as final orders are less common in family proceedings, it is necessarily rare that the courts would issue an Isaac Wunder Order in such proceedings. However, this case had crossed that line.


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