S.I. No. 152/1990 - Circuit Court Rules (No. 1), 1990.

1. I reside at

2. I am the mother of who was born on the day of , 19 .

3. I hereby consent to the appointment of

the father of the said infant, as guardian of the said infant;

OR

I beg to refer to my written consent to the appointment of , the father of the above named infant, as guardian of the said infant, upon which marked with the letter "A" I have signed my name prior to the making of this Declaration.

4. The above named applicant of

in the County of

was born on the

day of

, 19 .

Which said Declaration is made this day of

, 19 by His Honour Judge

sitting at The Courthouse,

in the County of .

SEALED with the Seal of this Court by

............................................................ ............................................................ ..

County Registrar, this day of ,19 .

Signed

............................................................ .........................................

(County Registrar)

To

(Applicant)

(Address)

FORM F

(Order 75 Rule 1)

APPLICATION FOR DIRECTION FOR THE TAKING OF A BLOOD SAMPLE

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

CIRCUIT

COUNTY OF

PART VII OF THE

STATUS OF CHILDREN ACT, 1987

.

Title of proceedings

BETWEEN

............................................................ ............................................................ ..

Plaintiff/Applicant

AND

............................................................ ............................................................ .

Defendant/Respondent

NOTICE OF MOTION

TAKE NOTICE that at o'clock on the day of , 19 , an application will be made to the Court sitting at on behalf of the above named Plaintiff/Applicant/Defendant/Respondent (delete as appropriate) for an Order directing that blood tests be carried out in respect of the persons whose names are set out below for the purpose of ascertaining the parentage of (name of person whose parentage is in dispute).

Name

Address

Age

...........................................................

...........................................................

..........................................................

...........................................................

...........................................................

..........................................................

...........................................................

...........................................................

...........................................................

Dated this day of

Signed

............................................................ .................................................

Applicant or Solicitor for Applicant

To the County Registrar,

And To

FORM G

(Order 75 Rule 4)

DIRECTION FOR THE CARRYING OUT OF BLOOD TESTS

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

CIRCUIT

COUNTY OF

PART VII OF THE

STATUS OF CHILDREN ACT, 1987

.

Title of proceedings

............................................................ ............................................................ .

BETWEEN

............................................................ ............................................................ ..

Plaintiff/Applicant

AND

............................................................ ............................................................ .

Defendant/Respondent

The parentage of being in question in these proceedings, the Court DIRECTS that blood tests be used for the purposeof assisting the court to determine whether or not being *a person named in an application for the use of bloodtests /*a party to the proceedings, and further DIRECTS that blood samples be taken *within from the date of this Direction/ *before the day of , 19 , from the following persons

*delete where appropriate.

............................................................ .........................

............................................................ .........................

............................................................ .........................

............................................................ .........................

*and further DIRECTS that the blood samples so taken shall be tested under the control of

*delete where appropriate

Which said Direction is given this day of , 19 by His Honour Judge , sitting at the Courthouse, in the County of

SEALED with the seal of this Court by

County Registrar, this day of

, 19 .

Signed: ............................................................ ............................................................ .....

(County Registrar)

FORM H

(Order 75 Rule 5)

NOTICE OF INTENTION TO CALL CERTAIN EVIDENCE

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

CIRCUIT

COUNTY OF

PART VII OF THE

STATUS OF CHILDREN ACT, 1987

.

Title of proceedings

............................................................ .......................................

BETWEEN: ............................................................ ........................................

Plaintiff/Applicant

AND

............................................................ ............................................................ .

Defendant/Respondent(s)

TAKE NOTICE that , a party to the above Proceedings, intends to call as a witness the following person to give evidence in relation to the within proceedings, namely (who was the person under whose control the blood samples were tested)* (who carried out work necessary for the purpose of enabling blood tests to be carried out,)* the report having been received on the day of 19 .

*Delete where appropriate.

[NOTE: This notice must be served within 14 days of the receipt of the report — s.40(5) of the

Status of Children Act, 1987

.]

Dated this day of 19

Signed

............................................................ .................................

Respondent/Notice Party/Solicitor for

Respondent/Notice Party.

To

(Address)

And to: The County Registrar,

(Address)

EXPLANATORY NOTE

These rules, which come into effect on 2 July 1990, set out the procedures and forms for use in the following types of proceeding

(

a

) Application by registered father to become guardian with mother's consent under section 6A of the

Guardianship of Infants Act 1964

(Note that where the applicant's name does not already appear on the births register as father of the child, or where the mother does not consent in writing to the application, the appropriate procedure for an application under section 6A is set out in the Circuit Court Rules (No. 6), 1982 (

S.I. no. 158 of 1982

);

(

b

) Application for a declaration of parentage under Part VI of the

Status of Children Act, 1987

;

(

c

) The use of blood tests in any civil proceedings where a person's parentage is in issue (these can include among others guardianship, maintenance, succession and declaration of parentage proceedings).

5. Where blood samples have been tested pursuant to section 40 of the Act, no party to the proceedings shall, unless the Court otherwise directs, be entitled to call as a witness the person under whose control the blood samples were tested or any person by whom anything necessary for the purpose of enabling these tests to be carried out was done, unless within fourteen days after receiving a copy of the report he serves a notice in Form H of the Schedule of Forms hereto or such modification thereof as may be appropriate on the other parties to the proceedings or on such of them as the Court may direct, of his intention to call that person as a witness.

SCHEDULE

FORM A

(Order 73 Rule 6)

Form of Application

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

CIRCUIT

COUNTY OF

In the Matter of Section 6A of the

Guardianship of Infants Act, 1964

.

APPLICATION BY FATHER TO BE APPOINTED GUARDIAN WITH

WRITTEN CONSENT OF MOTHER.

[NOTE: This form is for use where the applicant's name already appears on the Births Register as father of the child

and

the mother consents in writing to the applicant's appointment as guardian. If either of these two conditions is not met, it will be necessary to use the general procedure for applications under the Guardianship Act set out in the Circuit Court Rules (No. 6), 1982 (

S.I. No. 158 of 1982

).]

Name of Applicant

............................................................ ..............................

Address of Applicant

............................................................ ..............................

............................................................ ..............................

............................................................ ..............................

Name of Infant

............................................................ ..............................

Address of Infant

............................................................ ..............................

............................................................ ..............................

............................................................ ..............................

TAKE NOTICE that the applicant intends to apply to this Court sitting at in the County of on the day of , 19 for an Order pursuant to section 6A of the

Guardianship of Infants Act, 1964

, as inserted by

section 12

of the

Status of Children Act, 1987

, to be appointed as guardian of the above named infant.

The applicant will rely upon proof of the following matters in support of his application

6. On the issue of application, a copy thereof shall be filed and the County Registrar shall thereon enter the same and cause the same to be listed on the return date mentioned therein.

Service

7. Every application shall be served by sending a copy of the same by prepaid ordinary post addressed to the respondent (or party directed to be notified as aforesaid) at his last known place of residence, or alternatively, may be served personally on the respondent or such person to be notified or any person over the age of eighteen years. Service by post shall be deemed to have been effected on the second day following the day of posting. An affidavit of service of every application shall be sworn and shall be filed before the return date. Where it is difficult or impossible to serve any such respondent or other person within the jurisdiction, the Court or the County Registrar may make an Order for substituted service or for service outside the jurisdiction of the said application or notice thereof or for both substituted service and service outside the jurisdiction.

Answer

8. If the respondent or any person served with notice of the said application or any person who has been made a party to the said proceedings wishes to dispute, wholly or in part, the claim of the applicant or any of the information set out on the application, he shall, within ten days of the service on him of the application or within such further time as the Court may allow, serve upon the applicant or his solicitor an answer in Form D in the Schedule of Forms hereto or such modification thereof as may be appropriate. A true copy of such answer shall be filed at the office and served on every other party to the said proceedings within two days after the service thereof upon the applicant or his solicitor. If default is made in serving and/or filing any answer, then the Court may on application made on notice to the party in default give judgment on the application or direct that the application proceed on the footing that the matters set out in the application be deemed to be admitted by the party in default, upon the Court being satisfied that the said party in default was served with notice of the said application at least four clear days prior to the hearing thereof.

Directions, etc

9. On the return date fixed therefor, or on any adjourned date, the court may give such direction or directions as it may deem expedient relating to the said application and to the hearing thereof, including but not limited to the giving of particulars, the provision of information, the sending of papers to the Attorney General, the adding of the Attorney General or any other person as a party to the proceedings, the notification of the application to any person, and any other matter in relation to which applications or directions are provided by Part VI of the

Status of Children Act, 1987

.

Hearing

10. Save where the Court otherwise directs, every application under this Order shall be heard an oral evidence. On the hearing of every application the Court may direct that the whole or any part of the proceedings shall be heard otherwise than in public, and an application for a direction under this Rule shall be so heard unless the Court otherwise directs.

Subsidiary applications

11. Every application made pursuant to section 35 (

v

) (for a direction that papers be sent to the Attorney General) or section 35 (vii) (ordering that a person be added as a party to the proceedings) of the

Status of Children Act, 1987

, and every application for judgement pursuant to Rule 8 shall, without prejudice to the power of the Court to act of its own motion, be made by application on notice to such parties as are affected thereby, which notice shall be served at least four clear days before the hearing of such application. Service by post shall be deemed to have been affected on the second day following the day of posting.

Declaration

12. Any declaration made under this Order shall be made in Form E in the Schedule of Forms hereto or such modification thereof as may be appropriate. A copy of every declaration made under this Order shall be furnished by the County Registrar to An tArd-Chláraitheoir within ten days of the making of such declaration.

ORDER 75.

BLOOD TESTS WHERE PARENTAGE IS IN ISSUE

Part VII of the

Status of Children Act, 1987

Form

S.I. No. 152 of 1990.

CIRCUIT COURT RULES (No. 1), 1990.

(

Status of Children Act, 1987

)

We the Circuit Court Rules Committee constituted pursuant to the provisions of

section 69

of the

Courts of Justice Act, 1936

, and

section 12

of the

Courts of Justice Act, 1947

, by virtue of the powers conferred on us by

section 66

of the

Courts of Justice Act, 1924

, and

section 70

of the

Courts of Justice Act, 1936

(as applied by section 48 of the Courts (Supplementary Provisions) Act, 1961) and section 6A of the

Guardianship of Infants Act, 1964

(as inserted by

section 12

of the

Status of Children Act, 1987

) and Part VI of the

Status of Children Act, 1987

, and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the following Rules of Court.

Dated the 14th day of May, 1990.

T.F. ROE (Chairman of the Circuit Court Rules Committee)

K.T. FEENEY

JOHN MCMENAMIN

GORDON HOLMES

G.M. CLARKE

MICHAEL MORIARTY

MICHAEL T. NEARY (Secretary)

I concur in the making of the above Rules of Court.

Dated this 19th day of June, 1990.

RAPHAEL P. BURKE,

Minister for Justice.

S.I. No. 152 of 1990.

CIRCUIT COURT RULES (No. 1), 1990.

(

Status of Children Act, 1987

)

These Rules, which may be cited as the Circuit Court Rules (No. 1) 1990, shall come into operation on the 2nd day of July 1990.

The Order referred to in these Rules shall be added to and construed together with those Orders contained in the Circuit Court Rules, 1950, as amended.

ORDER 73

APPLICATION BY REGISTERED FATHER TO BECOME GUARDIAN WITH MOTHER'S CONSENT

Section 6A of the

Guardianship of Infants Act, 1964

(as inserted by

section 12

of the

Status of Children Act, 1987

)

Explanatory