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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10115
Experience:  Barrister 17 years experience
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My ex partner is taking me back to court an access order. My

Customer Question

hi there, my ex partner is taking me back to court for breaching an access order. My daughter is nearly 13 and wants to play with her friends and doesn't want to over to her father. she has said that he doesn't be there as he has his own business and is left with his partner and might see him for an hour or two for the duration she is there. Can this order of every second weekend stay over be reinstated, would her wishes be taken into consideration
Submitted: 6 months ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 6 months ago.

1. Dear Tracy, of course a child's wishes will be taken into consideration when the judge hears an application to reinstate and access order. However, be aware that what the court will do here is ask the father whether he is going to be present when his daughter is subject to the access order or whether he will be leaving his daughter with his partner. Normally, upon an undertaking given by the father, that he will personally be there when his daughter comes for access, the court will re-instate access. The reason a court will do this, is that it will want that there be some contact between the father and the child. Courts always favour access. However, if the father refuses to give an undertaking that he will personally be present when the daughter comes for access, the court will refuse to re-instate the access order. However, I have never seen a father not give an undertaking to be personally present, when the situation is explained to them. So, I would advise you to simply allow the case go to court and let the father give an undertaking that he will be personally present. However, you should put forward the case on behalf of your daughter, so she gets what she wants from her father.

Expert:  Buachaill replied 6 months ago.

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