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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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Has a father (separated from his partner) the right to demand

Customer Question

Has a father (separated from his partner) the right to demand midweek access
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Nicola-mod replied 2 years ago.
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Expert:  Nicola-mod replied 2 years ago.
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Customer: replied 2 years ago.
Would the family law consider every other weekend 2nights enough access for a father to have longer of course during the holidays and special occasions and events my daughter has today been granted a protection order from the courts it's not domestic violence but harassment and bullying the father is working and has been known to take the child in to the factory (he did have midweek access up to 2 weeks ago because the child was very tired the next day for school
Customer: replied 2 years ago.
Yes I will wait thank you
Expert:  Nicola-mod replied 2 years ago.
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Expert:  Buachaill replied 2 years ago.
1. At the outset, it sounds as if your daughter is dealing with a very difficult situation. The father of the child sounds unpleasant and this insistence of midweek visits appears a continuation of the campaign of harassment which her former partner has been waging. At the outset you need to realise that a father has no right to insist on midweek access. Similarly, midweek access will not be granted if, as here, the father is working and is bringing the child into a factory or other place of work with him. This is simply inappropriate. I would advise your daughter to defend an application for midweek access on the basis that weekend access is sufficient. In law, any access simply has to be reasonable. Additionally, your daughter should make clear that this insistence on midweek access is not in the child's best interests and is a continuation of the campaign of harassment for which the Safety Order was necessary. My own view is that this man's application for midweek access will be rejected. So your daughter should stand her ground and defend the application. Courts have very little sympathy for men who make a nuisance of themselves. Harassing a woman and insisting on your "rights" has no place in the legal process. It is also probably better for all that there is some distance placed between the parents of the child until relations improve and the judge will see that.
Buachaill, Barrister
Satisfied Customers: 10527
Experience: Barrister 17 years experience
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Customer: replied 2 years ago.
Thank you very much for your response to my last question as stated my daughter got her temporary protection order since that order was issued and served on her ex partner he turned up at their daughters school for a parent/teacher meeting my daughter saw his car there so left immediately. Today she received a notification from the court (the case for access is due to be heard on 10th November) that his parents have applied for guardianship of the child to give them rights of access. He lives with his parents!! So they see Mia as often as he does. We know that this is continuing the harrassment in retaliation for my daughter taking out the protection order and refusing mid week access during school term what can she do regarding this and can grandparent demand weekly visits which we are sure is what they all intend
Expert:  Buachaill replied 2 years ago.
2. Your daughter should consider entering the case dealing with the Protection Order for the same day as the Access hearing, as it appears as if the parents of this fellow are colluding with him in ensuring the harassment continues. Courts take a very dim view of such behaviour so your daughter should emphasise his bad behaviour when access is being considered. However, she should realise that some access will b e given. A father will not be prevented from having access to his children. However, she should resist strenuously any attempt by his parents to obtain guardianship. It is extremely rare that grandparents be given guardianship rights. You should also consider applying for guardianship rights yourself to show how preposterous the parents application is.

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