Irish Family Law

This is my story. A victim of the FAMILY LAW INDUSTRY.

A story of injustice, discrimination, malice and defamation. The Family Law industry is administered with precision, predetermined decisions veiled in secrecy - IN CAMERA. An Industry self regulated which lends by nature to protect those within the industry. This is what happens when people of good intentions do nothing.

My sincere thanks and appreciation to all my friends, associates including but not limited to Enda Kenny TD, Dan Boyle TD, Joe Higgans TD, Cllr Mick Barry and the many journalists. Your supreme efforts on my behalf have been thwarted so far by the highest powers in the state but I am confident your continued efforts and support will ensure justice.

gerard.linehan@gmail.com

Linehan v Linehan M11S 1997 – 2007

· I married my English wife in 1980 in England under a Civil and Church Service. We returned to my home in Ireland where she lived periodically for the next seventeen years, there were three children of the marriage. Over the seventeen years I had bought and sold two houses, in 1995 I purchased a site on the Model Farm Road and built a home with my own hands. In July 1997 my English wife fed up with the backward hamlet as she frequently described Cork, packed her bags and parentally kidnapped my three children returning to her home in England.

Taking six months paid sick leave from the HSE (Southern Health Board) while also in the employment of the NHS she funded her flight and relocation. It would appear my wife was in receipt of sick leave from the HSE (Southern Health Board) whilst living in England.

· I proceeded under the provision of the Hague Convention to have my wife forced to return with my three children to Ireland. Whereupon a named Judge within the Circuit Family Court permitted the children to be removed again back to England against my wishes and without my consent. The system of Family Law in Ireland permitted and provided for my wife to leave Ireland and parentally abducted my three children without my knowledge or consent and against my wishes.

· In this jurisdiction, I applied for and was successful in being granted a Church Annulment.

· In this jurisdiction, I applied for a Civil Annulment in the Circuit Family Court my wife sought a Judicial Separation in the same court, whereupon the same named judge proceeded to hear my wife’s application and failed to hear my Nullity Application which was before him and first in time. This same named judge made an Order of Judicial Separation in favour of my wife in circumstances where despite evidence before the Court and did not consider matters laid out in the Nullity Application.

· In granting a Judicial Separation the same named Judge made an order that my home on the Model Farm Road built and paid for by myself alone and used by me as my business base should be sold. An application was made by named solicitors acting for my wife that a firm of auctioneers related to the named Judge be appointed to sell the property and further, the named solicitor had carriage of sale.

· My brother a renowned Irish Solicitor and Author also fell foul of the Judiciary and my wife’s solicitor ·

This named Judge put Ancillary Orders in place that were described by various members of the legal profession as ludicrous, unprecedented and bizarre.

· In fighting these Orders I was drawn further into the corrupt inconsistency and injustices within the Family Law industry.

· Important documents were withheld from me despite numerous requests of court staff. It seems at all and every opportunity I was being obstructed.

· I was on the Orders of this same Named Circuit Family Court Judge forced to cover not only my own legal costs but those of my ex wife. On one occasion I was told by this same named Judge that if I wanted to fight in this arena I would have to pay for the pleasure. – I was denied fair hearing guaranteed by our constitution I am convinced that on many occasions the outcome of Court proceedings has been previously decided within the Family Law Courts.

· I have been denied copies of court orders by court staff, I was forced to resort to tape recording my meetings with Court staff with there knowledge, to no avail.

· I have been denied legal representation.

· I have had personal mail missing or interfered with.

· I have been promised by Ministerial and Court officials of sustentative reports that five years later have never materialised.

· Parliamentary questions as to the manner in which my Family Law case has been dealt with were blocked by An Ceann Caoirle (the Chairperson who conducts proceedings within Dail Eireann)

· I sough and was requested a meeting with the department of Justice which to date has proved inclusive.

· Three impartial solicitors in reviewing this case came to the same conclusions that there would appear to have been a concerted effort within the Family Law Industry to do me down.

· Despite numerous requests of the Department of Justice no effort has been made to ascertain the well being of my three children.

· A Second Named Judge within the Circuit Family Court

(a) This named Judge Issued an arrest warrant ignoring correct procedure and directed I be arrested and this was done on the sworn evidence of a named solicitor.
(b) This named Judge again on the sworn evidence of a named solicitor colluded IN CAMERA engineering situations to the detriment of my partner her son and I.
(c) This named Judge demanded payment of €1000 to be paid to the named solicitor which was not a fine.
(d) This named Judge abused my partner and her son In Camera.
(e) This named Judge Issued a second arrest warrant without justification or cause on the unsworn statement of the said named solicitor and a named barrister.
(f) This named Judge Issued an arrest warrant on no other evidence than the unsworn incorrect evidence of the said named solicitor and said named barrister.
(g) This named Judge issued orders that were not in accordance with law.
(h) This named Judge contrary to the Judicial Code of Ethics took a personal dislike and distain for me, a consequence of this was his reporting to court that he was aware of my movements during my business day
(i) After being imprisoned for contempt of court by this named judge I was subsequently brought before him to purge that contempt. Being not deemed not to have expressed sorrow for my contempt by this named judge, he re imprisoned me.


· An Garda Siochana appear to have been acting as agents for the Family Law Courts in so far as

(a) False allegations made by my wife’s solicitor were vehemently acted on.
(b) Great resources were put in place to intimidate me, my partner and her son.
(c) Two vehicles were stolen from my property one a Classic Fire Engine easily identified by native cork people as the big yellow Fire Engine on the Model Farm Road. This Fire Engine was stolen by a man pursuant to instruction from a Garda.
(d) The Garda did not employ correct procedures in dealing with me, my partner or her son. I firmly believe these procedures were adopted as an instrument for the Family Law Industry.


· A Named Solicitor well recognised by THE FAMILY LAW INDUSTRY as being one of its top earners.
(a) This named solicitor employed her family and family connections to engage her unethical conduct.
(b) This named solicitor uses her professional connections to inhibit my quest for justice.
(c) This named solicitor stalked my partner and her son pursuing them to a distraught state of wellbeing.
(d) This named solicitor gave unsworn testimony on several occasions within court proceedings which she knew to be untrue.
(e) This named solicitor was instrumental in the sale of my unregistered home (Land Folio 54862F) for half its market value on the foot of a Court order illegally and unlawfully obtained. Court Officials both in Cork and Dublin refused to allow me register a Lis Pendants against my property while awaiting the outcome of Judicial Review proceedings. My home five years later still lies idle. A memorial to injustice.
(f) This named solicitor harbouring a deep seethed dislike for my brother and I orchestrated a web of legal and judicial misconduct.


Conclusion
The denial of justice by those who appoint judges, along with their political colleagues and the civil servants who are complicit in the injustices that I have been subjected to is a national scandal. It is all the more scandalous when you consider that any citizen of this country who has the misfortune to find himself or herself embroiled in the legal system and the judicial machinery of the Irish State could easily be subject to what I have experienced.
Can we do anything about the judges?

The following is an extract from a letter published by the Irish Independent on May 23, 2001, written by my brother a solicitor.
“Judges are generally selected from a small pool of barristers. They tend to be politically affiliated and retain their allegiance after appointment – issues such as tenure and promotion may depend on it. Judges have enormous power. They routinely deal with issues affecting liberty, status, property, family finance and reputation. The exercise of judicial power is hedged-round with precepts that immunise the judges from accountability. For instance, firstly, the doctrine of separation of powers is in practice taken to mean that other branches of government will not investigate their conduct – or misconduct –. Secondly, the judiciary can silence criticism by invoking the law of contempt. Thirdly, judges normally decide alone, as trial by jury is reserved for only a limited class of cases.
Fourth, in family law cases, proceedings are normally held behind closed doors, so that scrutiny by the public and the media is impossible. Fifth, judges enjoy the protection of the law of defamation in the normal way. Sixth, the law on privilege gives them a protection in the exercise of their offices that is not generally available. Seventh, the interpretations of both facts and law that make up a decision normally involve considerable discretion, and many decisions cannot therefore be readily proved wrong”.

“the least democratic branch of government is the judiciary and that there is no realistic comeback against judicial misconduct., until a system of electing judges is introduced, more effective methods of identifying and sanctioning judicial misconduct must be found. The Fianna Fail legislation would not do this. Rather, it would render the sanction of impeachment less likely than it already is”.

I am seeking to highlight the anomalies within our Judicial System.

I am seeking to highlight the concept of separation of powers and the lack of transparency therin.
Judges need to be elected by the people for the people and psychological assessments put in place.
The inept solicitors of today are the judges of tomorrow – a frightening thought.

I am seeking to have the legal profession regulated making it accessible to everyone – outlining services supplied within the profession and a set fee put in place.
I am seeking to have men who have suffered under the Family Law Industry recognised as a marginalised group.

I am seeking greater recognition of the father in Family Law proceedings.
I am seeking to have funding put in place to address the impact of the Family Law Industry on the family unit.

I am seeking to highlight the perceived bias against fathers in the family law industry.
I am seeking to have Independent bodies put in place to investigate individual cases of perceived injustice.
I am seeking the reformation of the IN CAMERA rule
I am seeking to have the veil of secrecy lifted from our courts.


John F. Kennedy used words to the effect that: People see a system as it is while others see it as it could be. I see a system as it could be and say why not.

Gerard Linehan

gerard.linehan@gmail.com