District Court - Family Law Jurisdiction?

[CashAdv]

Hi, just wondered if someone could clarify this if possible?

Just had a district court Judge strike out access order over Jurisdiction problems.

Proceedings brought previously at the same court and the same Judge originally granted interim access order and case was adjourned.

Neither applicant or respondent resident in that county (but in a neighboring one)I was told proceedings were brought on basis that respondent works full time in the same county as the court (both solicitors had offices there also)
And as I mention the same Judge in the same case had granted an interim access order and adjourned. Then on the adjournment date struck the case out because of improper jurisdiction.

I'm told both solicitors accepted service and the Judge was the problem.

How can this be when he was satisfied before?
I am told that I now have no access order in place to see my son.
Is this correct? Or does the interim one still stand?
I was expecting to get increased access.... and am shocked at the goings on in the court. What can I do apart from re-apply in the local court?

which all takes time and with no access in place, so disappointing for both me and my son.

Any advice?

Can I appeal, etc? or fast track another application?

 

[CashAdv]

How can I re-apply as urgent to the proper district court by using the following;

District Court Rules

Order: 58
Custody and guardianship of infants : S.I. No. 125 of 1999



Rule 9

Service and lodgment of documents.

9. (1) A notice or court order required by this Order to be served shall be accompanied in the case of a notice of proceedings under section 6A of (inserted by the Act of 1997) of the Act, section 11 of the Act or section 11B (inserted by the Act of 1997) of the Act, in which a solicitor is acting for the applicant, by a certificate signed by the solicitor indicating, if it be the case, that the solicitor has complied with subsection (2) of section 20 of the Act of 1964 (as inserted by section 11 of the Act of 1997) in relation to the matter, and may be served upon the person to whom it is directed in accordance with the provisions of Order 10 of these Rules at least fourteen days or, in the case of proceedings certified as urgent under rule 2(2) hereof, at least two days, before the date of the sitting of the Court to which it is returnable.

(2) Save where service has been affected by the Clerk, the original of every such notice or order served shall, accompanied, in appropriate cases, by a copy of the certificate described in rule 9(1) hereof, together with a statutory declaration as to service thereof, be lodged with the Clerk at least two days before the date of the said sitting.


Rule 2

2. (1) Proceedings under the Act may be brought, heard or determined at any sitting of the Court for the court area where any party to the proceedings resides or carries on any profession, business or occupation.

(2) Where, however the Clerk, having consulted the Judge for the time being assigned to the district within which such area is situated, certifies on a notice of application or a summons that the proceedings are urgent, the said notice or summons may, subject to the provisions of rule 9 of this Order, be issued for, and the proceedings may be heard and determined at any sitting of the Court in that district.



Thanks

 

[CashAdv]

Is it OK just to write to the Clerk asking for proceedings to be marked urgent?
Any advice?

 

[CashAdv]

UPDATE:

I applied as normal, but put an extra "application for abridgment of time of service" on court headed paper. Then on the each application at the end I endorsed "I hereby register time of service to be ___ clear days"

Went to registar when district court was in session as asked to be brought before the Judge. "Moved papers" in front of the Judge. He asked a few questions, granted short service. I signed the Abridgment forms (I had 2 x copies of everything with me) and the judge signed the other two applications I brought (he signed in the applicant spot and also on the endorsement and he filled in 3 days in my case)

Served documents and on we went...