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Gardai won't execute Maintenance Arrest Warrant

My wife’s ex has been sentenced to two fourteen-day periods in prison due to non-payment of child maintenance. The Garda station has received the paperwork over six weeks ago but he hasn’t been arrested yet. What can she do?

My wife’s ex has been sentenced to two fourteen-day periods in prison due to non-payment of child maintenance.  The Garda station has received the paperwork over six weeks ago but he hasn’t been arrested yet.  What can she do?

Ask for a personal meeting with the Superintendent.  Tell him that the Solicitor on the radio said you are entitled to this.  If you get your meeting with the Superintendent explain the seriousness of the situation and ask for a commitment that the warrant be executed within a certain period of time.

Interestingly enough, it is not so much a legal problem as a political problem (in the broad meaning of the word political)  so if you don’t get any satisfaction you should go and see your TD or talk to the Garda Ombudsman’s office. www.gardaombudsman.ie

Legally however, unless the Gardai delayed for more than a year or so, they might be able to make the excuse that there were more urgent matters waiting for their attention. 

 

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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