Child maintenance to Poland - court order

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Id have to try and disappear to test it out.

Could a court in Poland force him to attend - do jurisdictions outside of Ireland have the right to force someone to attend (if its not a criminal matter).

From what I recall from the Lynn reporting (coming from papers for what that's worth), the Gardai couldn't start extradition proceedings as it wasn't a criminal matter.
 
rmelly - I would have thought that to be the case.

Despite a civil summons being issued from Poland through an Irish district court, if it isnt a criminal matter I couldnt see how OP could be forced to attend.

On the subject of disappearing acts - I was merely commenting on the context of the first post (and comparing to my own life), after 6 months any liason of mine would probably only know me, not any family, maybe one or two friends, and not regular haunts. Up to quite recently I just rented. I dont have an internet presence on bebo or any social networking site. So maybe itd be easier for me to disappear than others :)
 
rmelly - I would have thought that to be the case.

Despite a civil summons being issued from Poland through an Irish district court, if it isnt a criminal matter I couldnt see how OP could be forced to attend.
The OP can't be forced to attend, but do you really want a hearing to go on that has major implications for you without you being there?
 
The OP can't be forced to attend, but do you really want a hearing to go on that has major implications for you without you being there?

But ultimately if its a civil matter and OP cannot be extradited, then what difference does it make?
Court can say what they want, if OP never pays its not a criminal matter. So he can never be extradited to Poland for it.

Or does non payment of maintenance constitute a criminal offence?
 
I wonder could AmoebaAsasin make an application in an Irish Court for the variation of the original maintenance order based on cost of living in Poland and the fact that due to the child being taken out of the country he may never have any input into this little childs life?
 
I wonder could AmoebaAsasin make an application in an Irish Court for the variation of the original maintenance order based on cost of living in Poland and the fact that due to the child being taken out of the country he may never have any input into this little childs life?

Thats exactly what Im wondering, she seems to be using the courts in Poland against him, perhaps he can do similar by using Irish courts - but if the answer to my last post is that no one can be extradited or forced to do anything then it would seem to be a moot point.
 
But ultimately if its a civil matter and OP cannot be extradited, then what difference does it make?
Court can say what they want, if OP never pays its not a criminal matter. So he can never be extradited to Poland for it.

Or does non payment of maintenance constitute a criminal offence?
If recognised in Ireland, it has the same effect as an Irish order, and non-payment of the maintenance provided could be enforced here.

I wonder could AmoebaAsasin make an application in an Irish Court for the variation of the original maintenance order based on cost of living in Poland and the fact that due to the child being taken out of the country he may never have any input into this little childs life?
The Irish courts won't touch it if the Polish court has jurisdiction (which it has as the child resides there, and it was the first court to hear the case)
 
tick tock, not sure of your situation but do you know what gets me is what about the children's rights.

People break up every day of the week and use children as tools in their petty fights and arguments.

Mothers can be stupid, Fathers can be stupid. The poor child is caught in the middle and I wish to God that this country would recognise this and decide to listen to the childs point of view when they reach a certain age. They are not stupid or insensitive and they are dragged into so many break ups, they should be allowed have their say :mad: yes it makes me mad.

Children should have a say!
 
While you say E300 is high by Polish standards perhaps the Courts or at least the lawyers are looking at the fact that your income is earned in Ireland at Irish rates therefore your ability to pay is considerably higher than if you worked in Poland.
In Ireland while you would be obliged to pay maintenance you would have no rights of access or custody but as this a Polish born child perhaps those laws are different and may be worth looking at should you decide to take up that option at a later date.
As this lady seems very determined to get the best deal for her child maybe you should not close all the doors against yourself just yet. When the anger dies down you may have regrets
 
Sorry if I'm not answering your question but as a single mother I can't help but make the following points:
It is completely unfair that you have not been able to be a part of your childs life, I'm sorry that things turned out this way. As the childs father, you do have rights and can go to court for visitation rights or even shared custody. This is your son, of course you can be a part of his life if you want to.
No matter what happens you will always be his biological father and play a crucial role in his life, even if absent: he wil grow up wondering about you, asking questions about his daddy and probably want to meet you at some stage if he thinks you are alive.
I'm in no way trying to make you feel guilty, I just want to give you his side of the story and make you aware of all your options.
If you want nothing more to do with him then that's perfectely ok but if you decide that maybe you would like to be a part of your little boys life then you can use the polish courts to negotiate access/part custody to your son. It's only fair.
Good luck!
 
Weighing up the fact she presumably has no family / support system in Ireland, then Poland is probably the best place for her and the child - and no, his family is not a substitute from her perspective. Unfortunately this causes problems for the OP, but he could always visit - how much are flights to Poland?
 
Just a question .... what would happen if the OP decided to stop all payments?
If it a civil and not a criminal matter could a Polish court force him to attend?
 
Just a question .... what would happen if the OP decided to stop all payments?
If it a civil and not a criminal matter could a Polish court force him to attend?

According to the OP:

If recognised in Ireland, it has the same effect as an Irish order, and non-payment of the maintenance provided could be enforced here.

Employers can be compelled to make deductions from payroll for Irish maintenance, sounds like the same would apply.
 
If the OP is self employed it can be a different matter. Deductions cant be made, endless summons and then perhaps warrant. Then, in an Irish Court, only arrears of the previous 26 weeks have to be accounted for!

AmoebaAsasin, is your name on the childs birth cert?
 
you are being taken to the cleaners.i lived over the border from poland.(czech rep)10min drive actually.1st of all,she would have free hospital care and get benifit in poland.2nd of all.....did you do a test to make sure you are the father and 3rd of all.poland is way cheaper than czech rep.plus,she can have 24 month mothers leave to take care of the baby.in czech its 3,300kc per month(about 120euro)loan parent there thaey get around 150 euro per month.

you need to sort this out.the cost of living in poland is 3 times less than ireland.
 
I think the OP is being taken for a ride here.

Disappearing is an easy option. Change name, new passport disappear abroad.
 
OP do you not want your child to be brought up in a financially secure environment with all the best that you and your ex can afford? Really I cannot understand all the comments about the ex's behaviour, it take two and we only know one side of the story. What's important is what is best for the child. We are talking about 69 Euro a week. Is this a fortune in Poland. I cannot believe you are adding up the cost of it for years to come as though you are giving a fortune to your ex. This money is for your child.
 
I think the OP is in a very hard situation. To me it sounds like if the child was to be in this country then he and his partner would quite happily pay the €300 and have regular access. I would think that this situation must be extremely heartbreaking because of the way things have been handled by the ex. I do not for one minute blame him, it will be like sending money for a complete stranger yet knowing that this little stranger is a part of him. Its not like he can try to forget when every month that money is being sent, it will be a constant reminder that he has a child who he supports financially but has no part in his life. I know it would break my heart.
 
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