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Legal Eagle
Legal Eagle, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 209
Experience:  Solicitor
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We are very worried that my husbands two girls are been

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Hi, We are very worried that my husbands two girls are been neglected due to their mum alcohol consumption. this is not a new concern but as I have moved home and it is much harder for me to now be available in short time as it was before, in addition, there is a shortage of food according, to the elder child who says some days she only has cereal and no Lunch for school ,the younger one is provided with lunch free in her primary school, also girls dislike and fear a male who also is living in there family home as he intrudes by going in to there bedroom unannounced, AS a result of my last reporting to garda she has retaliated by summoning me to court on compleatly list of lies and vexatious charges plus maintenance which I have been ordered to pay . I already cloth and see to all the children need insofar as poss but will not give money to there mother because it will inevitably be spent on alcohol, but I supply groceries every week and have paid for electricity and given her smaller sums of money when she has requested a loan, but I stopped giving her money or having any dealings with her personally, after she assaulted both my children's a grandmother and my wife at My daughter s Celebration of Conformation which I had invited all of the family including her . although it was My wife who had purchased the clothing and footwear and prepared them for the event ,
JA: What steps have you taken? Have you filed any papers in family court?
Customer: was summoned to family court last week and judge only heard the case for Maintenance AND HAD NO INTEREST IN HEARING ANYTHING I WAS TRYING TO SAY I ADMIT I was extremely nervous as I felt i had no choice but dismiss my solicitor as she refused to take instruction from me
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I LIVE IN WESTMEATH BUT FAMILY COURT WAS IN NAVAN WHERE TWO OF MY GIRS LIVE
JA: Anything else you want the Lawyer to know before I connect you?
Customer: yes I DID NOT LEAVE MY FAMILY AND HOME BY CHOICE I WAS ILL IT WAS SUGGESTED BY HER MY PARTNER AT THE TIME THAT IT WOULD BE GOOD FOR ME TO GO STAY WITH MY DAD FOR A FEW DAYS , AND WHEN i GOT BACK SHE HAD THE LOCKS CHANGED and i was left homeless she also sold my tools

My apologies, you refer to both your husband and your wife, please could you clarify? I assume you are writing on the part of the husband who is the father of the two girls?

 

Customer: replied 3 days ago.
so sorry yes iI AM

Okay, I see that you have reported her to the gardai, you need to report her to Tusla also, in writing and verbally and by pos and email (Tusla are very slow to act and need to be pushed into action). Unfortunately, a maintenance order is an order of the Court and must be complied complied with, you have no choice in this unfortunately unless she consents to groceries etc in lieu.

by post*

Customer: replied 3 days ago.
we have been told that he may apply to it varied which he has done also have been talking to tusla and mailing them

Indeed you can apply to have it varied at any time but would need to demonstrate the reasons why it should be varied. Until it is varied, the old order must be complied with. Did you appeal the initial maintenance order?

Customer: replied 3 days ago.
no solicitor s never said anything doing that and if he complies with the order he will be able to travel 300 miles e. week to see and pick his children up; he is on long term illness of just over 200 eur per week the order is for 105 euro.so impossible situation
Okay, well has the order been appealed yet?
And would you be so kind as to let me know why you gave me a negative rating? I am trying to help you and am giving you advice as a Family Law soliciter with 12 years of experience.
Customer: replied 2 days ago.
sorry but that was how you came across to me, It felt to me that you were not interested
But I am answering all of your questions and giving you legal advice to help you. I’m not here to give you false information but advice that comes from the benefit of years in the field. If you aren’t happy with an order, you need to appeal it immediately. I have also advised that you need to get Tusla on board because unless you do, there is almost no judge in Ireland that will take the children away from her so you need extra support.
If indeed the order is impossible to comply with, then he must apply to vary it if it is too late to appeal.
Customer: replied 2 days ago.
as i have said more than once we have been in contact with Tusla constantly but they say they have to prioritise and can not give us any idea when the will get to check out our worries a parent who drinks alcohol before a
necessity is not fit unless she agree s to have treatment.
I agree but unless you can get someone to back you up, it it difficult to get a Court to remove custody. Would the school or a family doctor be able to support you?
Legal Eagle and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 2 day ago.
thank you I believe that may be possible also, ,I thought if a mediation service,, would perhaps be of more benefit to mother if her behaviour around her alcohol problems was addressed and some changes necessary regarding the Man who lives in the
If you think she is lucid enough for that to help, mediation is always helpful to air feelings, but bear in mind that it is confidential and not legally binding. Alcoholism is incredibly difficult to deal with. Does she even acknowledge that she might have a problem?
Customer: replied 2 day ago.
she has said i helps her deal with the children because she is in a better mood after a few cans ,sorry SOMTHING i need to deal with her e at moment however i will com pack to tip you and please accept my apology for my reaction yesterday
It honestly sounds like an incredibly frustrating situation, perhaps in mediation you can point out to her that it is causing damage and that you are worried about neglect. I would still see if the school and doctor could help too. I am sorry you felt that I did not care enough, it is difficult to reach a balance of complete honesty from a professional advice point of view and the personal nature of family problems. I genuinely hope that I have been helpful.