5 Biggest Mistakes Men make in Family court

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1. FAILING TO RESPOND:

This is the biggest mistake of all!

Men commonly fail to respond to legal actions. They simply don’t do anything at all. They rationalize that the mother of their child/children will likely drop the action or they will be able to work out an agreement outside of court.

THIS WILL NOT HAPPEN, WAKE UP!

The reality here is that women almost always follow through with court proceedings, or at least their solicitors who get money for the job will. In Ireland, 42% of all divorce judgments are by default. Failing to respond to a family law legal proceeding will result in a “default judgment” being entered against you. This means that everything the mother of your child/children has requested in court will be granted. The Court can even make additional orders it deems necessary and proper.

If you are served with papers, always respond!

If, after responding, you are able to obtain an out of Court settlement or the mother of your child/children reconsiders and drops the court action, great.

However, always respond!

Failing to do so can, and likely will, result in severe and far reaching consequences from which you may never recover. The Family Law Court system is a very unforgiving system. If you fail to respond to any Family Law legal action in which you are a party, you may lose forever certain rights related to your case.

 

2. INCORRECT LEGAL ADVICE:

Everyone has a family member or friend that has been through a family law court action.
Once these well-intentioned individuals learn that you are facing family law legal problems they are quick to give you advice. Unfortunately, the information they dispense is often incorrect, incomplete and/or outdated. (In some instances illegal).

Family laws and legal guidelines used by the Court change frequently. Wherefore, here
is no substitute for accurate legal information that specifically pertains to your case. Acting on bad legal advice can be worse than not doing anything. Take the time to learn the facts.

You can be sure the mother of your child/children has or will!

YOU MUST LEARN THE LAW EVEN TO KNOW HOW TO INSTRUCT
YOUR LEGAL TEAM

 

3. SIGNS BAD SETTLEMENT AGREEMENT:

Men that have failed to obtain the proper information and assistance often sign a bad settlement agreement. Remember that the Court doesn’t care what agreements two sides of a legal action make. Their only concern is that both parties are in agreement. The rule of thumb here is; don’t sign an agreement if it’s not what you want. Changing an agreement / order on any family law issue is very difficult and in some cases impossible.

 

4. DOESN’T PERFORM AGREEMENTS:

The message here is simple. Don’t sign an agreement you don’t like. If, after having been properly advised, you like the agreement being offered, sign it! But, if you are not comfortable with the order, don’t sign it! More importantly, don’t sign anything that you do not intend to perform. The court has little patience with those who don’t perform orders (particularly men).


Non-compliance with court orders can severely prejudice your case and can even result in contempt of court charges in which jail time can be imposed.

 

5. BECOMES FRUSTRATED, GIVES UP:

It’s no secret that the Family Court continues to be biased in favour of women. Although this bias has subsided in recent years, it still exists. Admittedly, there is nothing more frustrating than watching a Judge or mediator allow a woman to ramble on and on about her position and yet not give the man even a moment to respond in support of his position. Despite the prevalent bias men should never get so frustrated that they lose their composure. Patience is a great virtue in Family Court.

Don’t forget that a family law case stays open until you die or there are no longer any issues to be resolved. Therefore, your involvement in the case is not limited to just the present court date or most recent filing. You may face court again in the future.

DON’T GET DISCOURAGED AND NEVER JUST GIVE UP!

Welcome

As chairman of Parental Equality I welcome you to our website.

Parental Equality is celebrating nearly a generation of work in support of shared parenting issues. The generation  since 1992 has seen enormous changes in Ireland:

  • Divorce has been legalised
  • Some 40% of births are outside marriage
  • Family law activity has increased substantively to where it now accounts for 20% of all civil legal actions
  • A huge industry of professionals now earn their living from the fallout of family breakdown.

 

  • The “no Brainer solution” of Shared Parenting is still being resisted and deliberately avoided by the statutory services, educational and the judiciary while the politicians bluster and pussyfoot while failing to act decisively in promoting and supporting shared parenting and joint custody with legislation and practical supports

Parental Equality has been at the leading edge of promoting change in the family law system and in challenging the culture of ‘Sole custody to the Mother, with subservient and controlled access to the Father’. This discriminatory approach to parental roles isolates and demonises men in general, so much so that some 50% of fathers lose contact with their children after relationship breakdown. In driving fathers away from their children it has led to:

  • Colonies of single parent families, led almost exclusively by mothers, where children have very little experience of enriched relationships with their loving fathers.
  • The Irish State acting as a substitute father to tens of thousands of children, with spiralling costs to the exchequer (and thus the taxpayer)
  • Elevated levels of male depression, male suicide and societal violence and infanticide.

The verdict on government Family Social Policy is clear: it has added to the problem rather than contributed to a solution.

 

What We Want; What Our Children Need

At Parental Equality we believe that the default solution after relationship breakdown should be shared Joint Custody with equal social, tax, educational and welfare supports for both mothers and fathers. Parental Equality has living, working models to prove that treating mothers and fathers with parity of esteem as parents creates a WIN-WIN-WIN-WIN-WIN outcome:

  • Children win by retaining and developing deeply loving and engaged relationships with both their mothers and fathers. Because they are not forced to take sides they gain greater security in their upbringing.
  • Mothers win because they are not left as sole custodians and effective sole guardians of their children’s welfare. By sharing the parenting experience mothers share with fathers the same opportunities for personal and career development. Their level of stress is reduced, as they do not have to pursue fathers for maintenance, which mothers often say re-enlivens the bitterness and arguments, and prevents them from moving on.
    Gone too is culturally enforced martyrdom of single motherhood, and the stigmas which are sometimes attached with sole parenting. Moreover, if single mothers meet other single fathers, it is likely that those fathers have themselves an involved commitment with their own children. Any new relationship is more likely to be based on an equality of expectation and resources.
  • Fathers win by having parity of esteem as parents. Instead of trying to deal with the emotional trauma of being treated as second-class parents, subservient to the whims of the mother and often repositioning their expectation of themselves and their engagement with their children, fathers can plan to rebalance their career and family life commitments for the benefit of themselves and their children. By having equal access to state child benefits, equal and positive support from the statutory services in dealing with the whole range of parenting issues, fathers will experience a release of loving energy which recognition of their role will bring and this energy will be positively available for their children. This removes the longer term trauma of future reconnections with their father and his families.
  • Extended families - grandparents, uncles, aunts and cousins – will all win. No longer the embarrassment of children and their grandparents and cousins etc, when they meet in the street, in school, etc. The present discrimination in favour of maternal grandparents and extended families, while isolating the father’s side of the family, will no longer be necessary. Grandparents who are generally completely innocent and often unaware of the parent’s conflicts and who end up cut off as a result of family separations can now be assured of secure long term relationships with their grandchildren. In this space grandparents can provide the wisdom and ease of age, the vital linkages through the family genealogy, and a comforting ear for the problems of growing children.
  • Society wins by the maintenance of the familial and communal bonds that shared parenting brings with it. Families are best able to impart communal values and to maintain a sense of good behaviour and to look out for their own, instead of abdicating to the state the day-to-day responsibility for their children. With a reduction in the exchequer spending on maintenance, the consequent reduction in spending on adversarial court hearings and costs of social workers reports, etc, taxpayer monies can then be directed into productive family support, which can benefit children and their parents.

In short, building a shared parenting culture is about improving the Quality of Life for all of our citizens.

Overcoming Prejudice and Vested Interests

Some, because of their baggage, blindness or prejudice, or because they want to gain financially from the hurt of others, do not want change even when it’s for the better. They will continue to say that joint custody and shared parenting cannot work. To those I say: ‘Get out of the way of those who are actually doing it successfully’.

 

Working for Change

The landscape against which support groups such as Parental Equality operates is also greatly changed:

  • Technology has been a central driver in change. Mobile phones are now standard. Being on the Web as you are now is increasingly the norm. The Freedom of Information Act allows a citizen to have access to information which was at best a black art in the past.
  • In the past voluntary groups were composed of well-meaning, unpaid, caring people who did their best with very little funds, and no one expected miracles from such groups. Today there is a huge shift towards a professional voluntary sector, with over 70% of workers in this area being paid. This process has raised the expectation of callers to the various services. Callers expect helplines to be available 24/7/365, and they expect a range of supports without having to contribute for these supports.

Parental Equality is largely unfunded. We get some small grant aid that does not support even the maintenance of this website. Current state funding is concentrated on those groups within the Golden Circle of political correctness. For most of our work we rely of the incredible level of commitment of a small band of do-ers who have risen above their own personal problems and reached out to help others. On your behalf I thank all the Parental Equality volunteers and wish for them and their children good health and happiness.

If you would like to be involved in building solutions for our children’s futures, then I encourage you to become involved with us in Parental Equality. Whatever your skills there is something you can contribute and remember:Parental Equality needs you and can only develop with your participation. So let’s hear from you.

Regards

Joseph A Egan

Chairman,

Parental Equality.EU