Author Topic: when I go over my Irish Solicitors head and go to the central authorities (Read 4222 times)

StrngConviction · « **on:** July 01, 2011, 11:17:28 PM »

The Irish CA asks for an Article 15 declaration and i provided it at a great cost mentally and financially but my Solicitor says it wont be profferred to the court since they have come to an agreement ( lol ,my solicitors agreed without informing me , representation ?) they agreed to 13 questions and agreed to certain facts that were so bias an American Judge would hold the representation in contempt) in order to render an affidavit of law declaring the extent of my custody and access rights, to determine how process of an application for ammendment should have been served , and if the service was served; was it done in accordance to the law?
In rebuttal I went to the sherriffs Dept Ordered to serve the application and acquired an affidavit swearing under Oath that the sheriffs dept never recieved or aerved civil process on me and in fact have NOTHING concerning Me in their civil files. I than coupled that with the exhibit "the abductor" preaented and relys on as proof of cuatody , her application for ammendment of our divorce that contains a Judges Order to have the above mentioned sheriffs office personally serve me and the return service form attached to the summons and application that the "law enforcement officer" has to fill out with the time and place of aervice and the signature of the person that served it and where to return the service and the ME. Rule of Civil Procedure that the court is bound by.
Now that i have them in a corner with all the facts , orders and affidavits in support of my stance that Pulaski County never recieved nor served ANY civil process on me EVER ! My Solicitor now tells me they want me to agree to aend my whole file to the attorney !!!!!! Irrelevant statements , opinion forming statements and many confusing testimony and non relevant history that could Only confuse and undermine what the court has Ordered from the Missouri Attorney .... An "Independant " affidavit of Missouri law .
anyone have suggestions?

SageDad · « **Reply #1 on:** July 04, 2011, 01:28:55 AM »

Get an attorney that represents you and not your Irish wife.

It's pretty clear, to me at least, that they are not on your side.

Ask the OCI for a list of private attorneys in Ireland that have handled Hague cases.

If they refuse to provide you with such a list (they wouldn't give one to me but I know they've given them to other parents in these forums) you may try getting such a list from the British Central Authority who routinely deals with Ireland.

You can also ask the NCMEC for a similar list of attorneys. They told me they weren't allowed to give me one either (though I believe, in their case, they are following the rules that State gives them) but I also know of another LBP (mother) who got one of my attorneys contact details in a list from the NCMEC.

Even if you decide not to hire a private attorney many some are willing to provide a free consultation where you can get some good advice from people who know the local laws and, hopefully, know how the Convention works in their country. Also, almost any good attorney is willing to work out a payment plan. Oftentimes it is the crap attorneys who want their payment in full up front.

There are always some attorneys willing to handle these cases pro-bono, but most of them only work for mothers. Actually, now that I think about it, I can't think of any father getting an attorney to take his case pro-bono.. ever, but there's a first time for everything and many of us are out there breaking new ground and blazing new trails in trying to bring our children home.

Some important questions you should be able to answer:

Where did your solicitor come from? Does she work for the Central Authority, or is she just some public defender assigned to the local family court that has been assigned your case? Has she ever handled a Hague case? Who appointed her?

Have you tried contacting the Irish Central Authority directly yourself? If not, you should, and discuss with them the concerns and problems you are having with your representation and see what they suggest. Perhaps they can assign someone different.

StrngConviction · « **Reply #2 on:** July 04, 2011, 07:43:18 AM »

Yes they are an.Irish Central Authority run Legal Aid Board :/
I called and told the Irish CA i thought they were being bias and wanted her changed or taken off but my CA told me if I do its her common knowledge that i wont have any . Makes sense though , if i think pne woman i biased in am all woman run family law firm i might argue it again .
I truly wish I could afford the attorney . Im a disabled man transitioning thru college to learn another career . Had to move out of my new(2005) home and buy a little mobile home just to afford the many attorneys needed here in the USA .....
I am a pretty smart cookieand will try to wing this by filing affidavits by myself in support and theu the CAs to insure a paper trail in case i need to appeal .
I am going to ask a few attorneys in Ireland as you asked , they can only say no lol

StrngConviction · « **Reply #3 on:** July 04, 2011, 12:43:21 PM »

Since this has put me in a financial burden that I can not afford to hire an attorney and since I have made t quite clear a few times during panic and anxiety attacks that frequent me during their blunt and outward expressed lack of representation due to whatever their reasoning is , I pleaded to their paternal instincts and to not let the facts from the federal and state law enforcementand courts and court clerks be over shadowed and lost in the respondants confusing rhetoric that is not supported . I further begged her to understand my stance as a father and dylans mental need to have both parents in his life as I provided him and that in no way will they ever find evidence that suggests I was anythong but a doting Father trying to nurture his relationship with his Mother even after her previous attempts to retain and keep Dylan out of my life , and the only reason she had the opportunity to suggest and do what she is attempting to do at these childrens mental expense .