Any family law sol out there

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only deadly Posts: 491
Hi There Please advise me on whether I have a case or my ex jiust a prick and I have to deal with it !! My ex took me to court 3 years ago for joint guardianship on our 6 yaer old son I signed it no bother frankly I jsut didnt want hassle as the break up was nasty My sons Dad is useless he takes him 2 days a week every tue and Fri but you are guaranteed at least one of them he will be late My son in summer camp and his dad was late again I got the phone call. At my sons parent teaching meeting his teachers constantly say it to me about his dad been late and how my son gets upset and that breaks my heart He used to take him Friday nights however as he was always late dropping him back he was missing matches and birthday parties and getting upset so stopped that much to his dads delight Other childrens mothers look out for his dad just so my son ok and not left behind which is so embarrassing My son has been in GAA and hurley for 2 years not once has his father seen him play or train . My son asked his dad would he come and watch him and his dad said no its way too early and that same weekend my son played very bad and the coach took me aside . I have tried to tell his dad but sure e has every excuse taxis and traffic and that his football is to early and he works late he doesnt woek a friday night and is in on sat at 3 so there no excuse . Sorry to ramble but I have put up with this for 2 years and I am fed up and just need advice on what to do or whether i have a right to take guardianship off him.
bbbride Posts: 664
Would say its worth a try, he isnt capable of looking after him when he is with him, and you have the teacher to testify to this. You cant have him being late for school or summer camp.
sun flowers Posts: 3421
not a solicitor.. but have had my fair share of family law... I dont think guardinship could be taken off him because he is late bringing him back... please someone correct me if i'm wrong.... its a no win situation because I'm sure if you say anything you come up against a brick wall... if you dont get an answer here give a family law sol a ring and see what can be done... ie.. a letter of warning... its affecting the child at the end of the day... have you said this to him...
emma1980 Posts: 2219
like sunflowers ive had my fair share of family courts etc. firstly...joint guardianship is very hard to take away from a parent. Secondly...legally and if you want to get into the ins and outs, its not worth the paper its written on. YOU are the childs day to day provider etc. ive had the EXACT same problems as you have and I brought him back to court to make out another access agreement. basically, aproach ur X first, explain your son needs more stability etc and that you want to draw up another agreement re access. If he says no,go into the family court, go in front of the judge and expalin your situation. he will then give a date and your X will be summonsed to court to discuss the matter. get a new agreement written u..make sure ur X sticks to it, and if he continuously breaks it, bring him back to court again. Anyone who is in the situation will understand, this really boils my blood. fathers bring us to court playing the HERO, but when it comes to been a father, taking responsibility for the child they havent a clue. Good luck, i really hope it all works out!! O-O
emma1980 Posts: 2219
just another thing...teachers very rarely get involved in this kind of thing... i begged my daughters to school to help me and they wudnt.... O-O
blinginhappy Posts: 1356
Hi, Emma1980 is 100% correct and I'd recommend you consider her advice. You have custody and that is the most important thing, I don't see guardianship being taken away from him on what you've told us but its access thats at issue. The courts say that child welfare is the paramount consideration and even though your ex is late and undependable in the long run they would prob see his access as being animportant part of his welfare in that it is prob better for him to know his dad than not know him at all. You sound like you've been v reasonable and are supportive of access but that you've had enough of his attitude toward it and I wouldn't blame you. Try and arrange an amicable access agreement and if that isn't going to happen then go and see your solicitor and get one drawn up and if necessary get it brought before the court. Hope it works out for your sons sake :thnk
birdie Posts: 954
God I get so angry when I hear of situations like the one you're in, only deadly, but from what I know of family law I reckon it's impossible to revoke guardianship except in extreme citcumstances, ie if the parent in question is a danger to the child. I really hope you manage to sort things out, this will sound terrible but in some ways I'm glad my daughter has no relationship with her father (his choice, not mine!) because it must be awful for both the child and for yourself to be dealing with your ex's unreliability. Again, I hope for both your sakes things improve soon
emma1980 Posts: 2219
the important thing to remember and the point you need to get across is that you are not looking to take access away from your X, that all you want is some sort of stability in his life when it comes to spending time with his father. I had my X back in the family courts 3 times over this, in the end the judge fined him 3k for been such an ***hole. and imagine he brought me to court for SOLE custody!!! complete and utter t****r