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 Unfortunately, the information they dispense is often incorrect, incomplete and/or outdated.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!