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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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There is a pending court case in ireland on the 28 th of

Customer Question

there is a pending court case in ireland on the 28 th of september i have just moved over to england to be closer to my mother ,and the father of my children is still pursuing the case against me for custody and access will i have to travel back, to irerland for the hearing as my 2 girls are now settled in a school and are doing well .I was visited by the father on the day of my leaving giving me his blessing and apparently has now changed his mind .I would like some advice as finances are very tight.
Submitted: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 months ago.

1. Dear Marina, I would advise you to either attend the court case yourself or better still, get an Irish solicitor from the locality in Ireland where the case is happening, to attend on your behalf. This is because of the risk that the court will make an adverse order against you in the case in Ireland. Be aware that your solicitor or yourself, should be making the case that the Irish court has no jurisdiction over the children as they are now resident in England. So, you should seek to dispose of the case at the initial stage by arguing that the court does not have jurisdiction to hear the case. This is because there is an EU wide convention which gives jurisdiction to the courts of the place where the children are resident, which is England.

Expert:  Buachaill replied 10 months ago.

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