Frequently Asked Questions

Frequently Asked Questions

Frequently Asked Questions

Family Law solicitor refers to all legal matters regulating family relationships. These matters are complicated and the necessary process will differ on an individual basis.

At CMCG solicitors we understand that all family law matters can be emotionally challenging and we aim to make this process as easy as possible for everyone involved. In an attempt to avoid confusion and simplify the process, our experts have provided useful information on a number of frequently asked questions relating to family law to help answer any queries you may have.

What is included in Family Law?

Despite the common misconception that family law exclusively deals with divorce proceedings, the term actually refers to the body of laws surrounding all family matters. This includes but is not limited to divorce, separation, child maintenance, child custody, access, domestic violence and relocation.

These multifaceted issues are extremely  complicated and often require the aid of a family solicitor to ensure the correct guidelines are met and a fair outcome is reached by everyone involved. These guidelines cover a range of issues and predominantly serve to resolve any disputes, protect weaker family members both physically (in instances of abuse), economically and secure the fair distribution of capital assets when necessary.

Family Solicitors operates to help ensure that all family disputes are resolved and the fairest possible outcome is reached for everyone involved.

What happens in a family law court?

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Attendance in a family law court is seen as a last resort and is only required when all other means of conflict resolution have been exhausted. For many people, attending a family law court can be daunting as it is their first real encounter with the legal system. To make this process as easy as possible, all court cases regarding family law matters are held in camera.

This means all proceedings are held in private before a judge and aside from both parties, the only people permitted to attend are their legal team. Not only are the press and public denied access, but sharing anything discussed in court is prohibited and failure to comply will result in heavy sanctions.

How to prepare for your court case:

1.    Know the exact location of the courthouse and plan your route in advance to ensure you arrive in plenty of time.

2.    If necessary make child care arrangements.

3.    Gather all necessary documents. These include your court application which may come in the form of a civil bill, summons, application or notice of motion, a valid form of identification and a document that supports your case e.g. affidavit means, affidavit of welfare etc. Your best family solicitor will guide you through this process.

4.    Arrange a time and place to meet your best family solicitor on the day of the court case.

What to expect on the day of the court case:

1.    It is likely that there will be multiple family law cases scheduled on the same day. In many instances, the court will arrange a Callover where all parties are called into the courtroom and the judge will determine if each case is ready to proceed to the next stage. This however has changed since covid whereby parties are now given allocated time slots and it is unclear how long this will continue for.

2.    If your case has been deemed ready to proceed, you will be directed to a waiting area where you will wait for your case to be called. It is worth noting that cases may overrun and you may be waiting a considerable amount of time.

3.    Once called, immediately make your way to the courtroom.

4.    The judge will then hear the cases put forward by both parties and take the necessary action.

Although this is a daunting process, your best family solicitor will be with you every step of the way ensuring that you are prepared and aware of all possible outcomes.

What to do if your ex partner/spouse will not allow you to see your child?

In the event of a divorce or separation in Ireland, it is likely that the non-custodial parent  is granted a right to access and both parties are required to work together to create a schedule which enables this parent access to their child at given times. There are instances however, where the process has caused conflict and resulted in the custodial parent preventing the other from access to their child which can cause great emotional stress for everyone involved. However, there are a series of steps you can take to overcome this issue. Contact the best family solicitor in Ireland.

Communicate with your ex-partner

It is recommended that initially you attempt to calmly communicate with your ex-partner in an attempt to reach a fair solution. In some instances, the custodial parent may be preventing access due to the child’s reluctance. Despite this, the right to visitation is only permitted when the court deems it to be in the child’s best interest. It is therefore the role of the custodial parent to encourage and ensure the child does see their other parent, irrespective of the child’s wishes. 

Application for access

Depending on the circumstances, either parent can apply to the court for an order for access if they are not happy with the current arrangements. Applications can be made to the Circuit Court or High Court.

Request to clarify specific terms

In some instances, issues with access may derive from a misunderstanding on the initial terms of the agreement reached between the parties. This is particularly common if vague terms such as dinner time were implemented.  Issues like this are easily resolved either by agreement between the parties, through correspondence between solicitors or by a court order that specifies a specific time.

Application to vary access

It is possible that the initial access schedule set out in court is no longer convenient for all parties involved due to other unforeseen commitments. In this instance, an application to vary access can be submitted to the court to change the arrangements.

Court Enforcement

If the custodial parent is still refusing access to the child, the right to access can be enforced in court and your ex-partner/spouse will be held accountable for their actions. Contact Best Family Solicitor Today.

On what grounds can a parent cease access?

Most cases it is a parent’s right to have access to their child in some capacity. It is very rare that a court denies a parent access to their child and will only do so if they feel it is within the child’s best interests.

At CMCG solicitors we understand that family law issues are both complicated and emotionally draining. With over 18 years’ experience our experts aim to make this process as easy as possible for and a favorable outcome is reached for all parties involved. Contact the best family solicitor in Ireland.

To book an initial one-hour consultation to help identify any issues and assess the best options available for you, contact us on:

Email: | Phone Number: +353 1 224 8585

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  • March 04, 2022
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