MEN AND FAMILY LAW

The judge had to decide how much maintenance a mother and the father had to pay to look after their 7-year-old son. The mother earns €60,000 a year, the father earns €20,000 a year. The judge accepted that the earnings figures were correct. 

 

 

When all the evidence had concluded, the mother said could she say something about my client. The judge said she could. She then embarked on five minutes of what I could only describe as abuse of my client, who was totally taken aback at the comments that were being made about him. I interrupted her and asked the judge why this lady was being allowed to make these defamatory comments about my client when the case was over. The judge said that my client needed to know how his ex partner felt about him. I asked would my client be entitled to respond to the allegations and the judge said that would not be necessary. 

 

 

She then made an order that my client pay approximately 80% of the sum needed to maintain their son. When I subsequently complained to the judge about the manner in which the case had been dealt with, she invited my client to take the witness stand and answer any of the allegations being made against him. The offer was put to him in such a way that he had no choice but to give evidence, but the judge was clearly absolutely furious that her handling of the case was being questioned in this manner. 

 

 

I have said this before and I will say it again. Men and in particular unmarried fathers, do not get a fair deal when it comes to very many maintenance and matters relating to custody and access, particularly in the District Court. The lesson here is that if you are instructing a solicitor to deal with a District Court family law case, you must in my view instruct an experienced solicitor, who is prepared to stand up to the judge and tell the judge that he or she is not entitled to make certain orders if that is the case.

 

 

In conclusion, if you are bringing a family law case in the District Court, make sure:-

 

• You have a strong, fearless and experienced solicitor on your side.
• You have all details concerning your income listed in the District Court Statement of Means form.
• Be sure that evidence of income is vouched i.e. wage slips and P60s, mortgage statements etc.
• Make sure you get all of this information from the other side in advance of the hearing.

 

Finally, it is not critical that the judge likes you but it is critical that the judge does not dislike you. Do not argue with anybody while you are giving evidence. Always answer the question. Most important of all however, stand your ground.