Community Development Mental Health and Family Law workshops for men will start on Tuesday 9 of March and will run for 8 weeks. They will take place in Sandy Road Education Centre. 

The aim of the workshops is to create awareness of mental health, build confidence and encourage men to work within a group environment and to participate in teamwork while informing men about Family Law and its application. 

Due to the demands on the services of ‘Families Fathers and Friends’ it has come to note that men have little knowledge of Family Law. Therefore when the painting classes have finished the Charity will be holding classes on all aspects of Family law.

 The Charity maybe contacted by emailing info@fathers.ie or calling 091 752355.

It is hoped that these classes will be held on a continuous basis. At a future date it is intended that these classes will be upgraded to FETAC accreditation courses.

 Please contact Rachel on 085 1232548 or email her at rachelnithuathail@gmail.com

 Table Quiz

A table quiz is being held in Bodkins Bar, Merlin Park on 11 March at 8pm to help raise much needed funds for Families, Fathers and Friends.

 Quiz master on the night is renowned local media Personality Jon Richards who is a presenter with Galway Bay fm and has a multitude of nominations for the best regional DJ.

Tables of 4 cost €40 with prizes on offer for first, second and third places. There will also be a raffle on the night with a multitude of prizes donated by local businesses.

 For further information please contact Damien on 087 9600172.

 Parachute Jump

People from all walks of life from Galway city and county and adrenalin junkies will take part in a parachute jump in aid of ‘Families, Fathers and Friends’.

 The event will take place on Good Friday, 2 of April 2010. The participants, while holding the seat of their pants, will leap from a plane at 10,000 feet and free fall half the distance before parachuting the rest of the way to earth with the hope of landing safely. 

The participants further seek to bring awareness of this professional service to the public and its benefits to the public in general.

 To help this very worthy cause please contact Rachel on 085 1232548 or email her at rachelnithuathail@gmail.com.

 Supported by ‘The National Lottery’ and ‘Family Support Agency’

1. Irish Family Law Hearings
2. European Family Law
3. Joint Legal Guardianship
4. Legal Separation and Divorce
5. Role of the District Court in Family Law
6. Role of the Circuit Court in Family Law
7. Maintenance Payments
8. Legal Representation
9. Domestic Violence
10. Hints & Tips

1. Irish Family Law Hearings

All Family Court hearings are heard “in camera’. This means that family law proceedings are not open to the public and only the parties to the case and their representatives and Court staff are permitted to be present. The proceedings cannot be reported or disclosed outside of the Court room.

2. European Family Law

The European Convention of Human Rights was incorporated into Irish Law by the European Convention on Human Rights Act, 2003. European Family Law also applies in Ireland. Under European Law, co-habitees who have lived together for a reasonable period of time have the same rights as a married couple.

3. Rights of Joint Legal Guardianship: Married and Unmarried Fathers

Unmarried fathers do not have any automatic legal rights towards their children. The right to joint legal guardianship can be obtained with the consent of the mother or through application made to the local District Family Court.

Married fathers do not have to make an application for joint legal guardianship because this is conferred by virtue of marriage and they are legally entitled to joint legal guardianship.

4. Legal Separation, Judicial Separation and Divorce

The process of separation will involve legal separation or judicial separation and maybe followed by divorce. Alternatively, divorce may be sought where the parties have lived apart for four years. Finality of family separation proceedings can only be reached by obtaining a divorce and signing a deed of waiver.

Family law is an interlocutory process, which means it is ongoing. Divorce does not bring finality to the proceedings unless a deed of waiver is signed. By signing a deed of waiver, the parties agree that neither spouse will have any future claims against the other. Any verbal or other agreement made between two parties concerning family matters, such as child maintenance, custody, access and division of assets, has no standing in law without being in the form of a court order. The only agreement enforceable in law is ‘a court order’.

5. District Court

The maximum maintenance order for children is to the amount of €150.00 per child per week. The maximum maintenance order for a spouse is to the amount of €500.00 per week.

You do not necessarily need legal representation in the District Court if you deem yourself competent to present your case. You may, of course, hire a solicitor to represent you and this is an option that should always be considered.

Applicants and respondents are entitled to seek a written judgment but this must be requested in advance of the court hearing. When applying for a court hearing it is advisable to enquire as to the notice required for seeking a written judgment.

The District Court deals with issues of child maintenance, access and custody issues, and the processing of barring and protection orders.

6. Circuit Court

Proceedings are held in the Circuit Court where all issues of joint assets (everything the parties own), matters concerning children, and matters concerning the finality of relationships are decided upon.

Proceeding which involve joint assets of a combined value exceeding a certain, higher threshold are heard in the High Court. The services of a solicitor and barrister are required for representation in the Circuit Court.

A request should be made for a transcript of court proceedings. This is advisable to enable the parties to understand and rely on what was said and done during the hearing. If an appeal is lodged in the High Court, the transcript constitutes a case history which saves time and expense.

7. Maintenance Payments

Maintenance orders must be paid. In order to seek a variance in the payment due to a change in economic circumstances, an application must be made to the court and “under no circumstances must you unilaterally stop making the payments as stated in a court order”.

Orders can only be amended in a court of law and any alterations made without authority of court will be of no effect. Appeals are always made to a higher court. These monies will keep accumulating whatever your personal reasons for non payment. Any breach of court orders must be reported to an Garda Síochána and their enforcement sought through the courts.

8. Legal Representation

Remember to shop around for a solicitor who specialises in family law. They give you legal advice and represent your interest in all legal matters. Make your instructions clear at the very beginning and what you require of them.

Solicitors are obliged to provide a breakdown of their fee structures before taking on your case. They are also obliged by law to inform you of the availability of mediation prior to engaging in court proceedings. They must also inform you of the option of Collaborative Law, where the emphasis is on discussion and agreement between the parties.

Barristers are employed in Circuit Court hearings and higher courts to argue your case. You may ask your solicitor in advance the estimated cost of hiring a barrister.

9. Domestic Violence

The Domestic Violence Act 2003 has important provisions for upholding the rights of victims, male and female, who experience violence in the home.

If you are threatened or feel threatened, report the matter to an Garda Síochána immediately and have the incident entered into the Incident Report Book. The Gardaí have a dedicated team to deal with incidences of domestic violence.

In case of actual physical harm, call them, report to your GP, call on family and friends, take pictures and keep documentary proof. Do not retaliate with verbal or physical abuse. The Act gives judges enough powers to issue a protection order if there is a presumption or perception of perceived violence. This includes psychological, emotional and physical abuse.

10. Whatever Happens . . .

Keep a diary of all events however trivial they may seem at the time, taking note of time, date, place, and the nature and extent of the abuse experienced. If you feel that your rights are being diminished, or the services on offer are not up to scratch, let your local and national political representatives know.

If you leave family home voluntarily, you may not re-enter without the consent of your spouse. You may also be deemed to have abandoned your family, which may reflect poorly in court. Therefore, try to ensure a legal Separation Agreement is in place prior to leaving your home.

Seek legal advice at the first instance of perceived or actual threats.

Supported by ‘The National Lottery’ and ‘Family Suppport Agency’

We hope it will lead to long-overdue policy and legislative reform, which strikes a balance between the rights of fathers and mothers, in the interests of the child.

The Commission’s press release is here and the full text of the report here.