S.I. No. 42/1998 - District Court (Family Law) Rules, 1998.

1. In this Order -

"the Act" means the

Family Home Protection Act, 1976

(No. 27 of 1976).

Venue

2. (1) Proceedings under the Act may be brought, heard or determined at any sitting of the Court for the court area in which the family home, as defined in section 2 of the Act, is situate.

(2) Where however the Clerk, having consulted the Judge for the time being assigned to the court district within which such court area is situate, 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 hereof, be issued for, and the proceedings may be heard and determined at any sitting of the Court for that district.

Hearing to be otherwise than in public

3. Proceedings under or referred to in the Act in which each spouse is a party (whether by joinder or otherwise) shall be heard otherwise than in public and only officers of the Court, the parties and their legal representatives, witnesses (subject to the provisions of Order 8, rule 2 of these Rules) and such other persons as the Judge in his or her discretion shall allow, shall be permitted to be present at the hearing.

Application under sec. 9(1)

4. An application by a spouse under section 9(1) of the Act for an order prohibiting the disposition or removal of household chattels in the family home shall be preceded by the issue and service upon the respondent spouse of a notice in the Form 60.1 Schedule C. The order of the Court granting the application shall be in the Form 60.2 Schedule C, a copy of which shall be served upon the respondent spouse.

Application under sec. 9(2)

5. An application by a spouse under section 9(2) of the Act for an order permitting the disposition or removal of household chattels in the family home shall be preceded by the issue and service upon the respondent spouse of a notice in the Form 60.3 Schedule C. The order of the Court granting the application shall be in the Form 60.4 Schedule C, a copy of which shall be served upon the respondent spouse.

Summons under sec. 9(4)

6. Where complaint is made by a spouse to a Judge under section 9(4) of the Act that the other spouse has contravened the provisions of section 9(2) of the Act, the summons which may be issued and served upon the other spouse shall be in the Form 60.5 Schedule C. The relevant provisions of Order 15 of these Rules shall apply in such case.

Application under sec. 9(5)

7. An application by a spouse under section 9(5) of the Act for an order that the respondent spouse provide household chattels for the applicant spouse or a sum of money in lieu thereof shall be preceded by the issue and service upon the respondent spouse of a notice in the Form 60.6 Schedule C. The order of the Court granting the application shall be in the Form 60.7 Schedule C, a copy of which shall be served upon the respondent spouse.

Summons under sec. 15

8. Where complaint is made to a Judge under section 15 of the Act that a person knowingly gave information which was false or misleading in any material particular, the summons which may be issued and served upon that person shall be in the Form 60.8 Schedule C. The relevant provisions of Order 15 of these Rules shall apply in such case.

Service and lodgment of documents

9. (1) A notice or summons required by this Order to be served may be served in accordance with the provisions of Order 10 of these Rules and every such notice shall be served 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 effected by the Clerk, the original of every such notice or summons served shall, 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.

Joinder of parties

10. The provisions of Order 42 (Third Party Procedure) of these Rules shall, with necessary modifications, apply to the proceedings mentioned in section 11 of the Act.

Declaring a conveyance void

11. (1) An application to the Court under section 3 of the Act to have a conveyance declared void shall be in the Form 60.9, Schedule C.

(2) The order of the Court thereon shall be in the Form 60.10, Schedule C.

Lis Pendens

(3) A person who instituted proceedings to have a conveyance declared void by reason of subsection (1) of section 3 of the Act shall, as soon as may be, cause relevant particulars of the proceedings to be entered as a

lis pendens

under and in accordance with the Judgments (Ireland) Act, 1844.

Dispensing with consent

12. (1) An application under subsection (1) of section 4 of the Act to dispense with the consent required under section 3 of that Act, of a spouse to the conveyance of the family home shall be in the Form 60.11, Schedule C.

(2) The order of the Court thereon shall be in the Form 60.12, Schedule C.

(3) On granting an application under section 4 of the Act to dispense with the consent required under section 3 of that Act, the Court may order pursuant to section 33 of the Trustee Act, 1893 that a person be appointed to execute the conveyance of the interest in question and the order of the Court thereon shall be in the Form 60.13, Schedule C.

Consent by the Court

13. (1) Where the spouse whose consent is required under subsection (1) of section 3 of the Act is incapable of consenting by reason of unsoundness of mind or other mental disability or has not after reasonable inquiries been found, application may be made to the Court in the Form 60.14, Schedule C, under subsection (4) of section 4 of that Act for the Court to give the consent on behalf of that spouse.

(2) The order of the Court thereon shall be in the Form 60.15, Schedule C.

Protection of Family Home

14. (1) An application to the Court for an order under subsection (1) of section 5 of the Act for the protection of the family home in the interest of the applicant spouse of a dependent child shall be in the Form 60.16, Schedule C.

(2) The order of the Court thereon shall be in the Form 60.17, Schedule C.

Conduct leading to loss of Family Home

15. (1) An application to the Court for an order under subsection (2) of section 5 of the Act to compensate the applicant spouse and any dependent child of the family for loss occasioned by the conduct of the other spouse shall be in the Form 60.18, Schedule C.

(2) The order of the Court thereon shall be in the Form 60.19, Schedule C.

Schedule C

O.60, r.11

No. 60.9

AN CHUIRT DUICHE THE DISTRICT COURT

FAMILY HOME PROTECTION ACT, 1976

section 3

APPLICATION TO HAVE CONVEYANCE DECLARED VOID

*District Court Area of .............................

*District No.

*Dublin Metropolitan District

............................................................ ................................................ Applicant

............................................................ ................................................ Respondent

WHEREAS

the respondent who resides at ............................................................ .......

............................................................ ............................................................ ............. being the spouse of the applicant who resides at ........................................................ in .............................................., has purported to convey an interest in the family home situate at............................................................ ............................................. in the Court Area and District aforesaid to a person other than the applicant spouse;

TAKE NOTICE

that an application will be made at the sitting of the District Court to be held at ........................................ on the ........ day of......................... 19....... at ...... a.m./p.m. to have the conveyance declared void.

Dated this........... day of......................... 19......

Signed......................................................

Applicant/Solicitor for Applicant

To......................................................

of..................................................

the above-named respondent.

*Delete inapplicable words

Schedule C

O.60 r.11

No. 60.10

AN CHUIRT DUICHE THE DISTRICT COURT

FAMILY HOME PROTECTION ACT, 1976

section 3

ORDER DECLARING A CONVEYANCE VOID

*District Court Area of .............................

*District No.

*Dublin Metropolitan District

............................................................ ................................................Applicant

............................................................ ................................................Respondent

UPON THE APPLICATION of the above-named applicant spouse, who resides at ............................................................ .......... for an order under section 3 of the above-mentioned Act against the respondent spouse who resides at ............................. and who has purported to convey an interest in the family home situate at ......................................................... in the Court *area and District aforesaid, coming by notice duly served before the Court on this date, and

IT APPEARING to the Court that the rateable valuation of the land to which the application relates does not exceed£20.00, and

HAVING HEARD what was urged on behalf of the applicant and the respondent

IT IS ORDERED that the conveyance be declared void.

Dated this ........... day of.......................... 19.......

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

Judge of the District Court

*Delete inapplicable words

Schedule C

O.60 r.12

No. 60.11

AN CHUIRT DUICHE THE DISTRICT COURT

FAMILY HOME PROTECTION ACT, 1976

section 4(1)

APPLICATION TO DISPENSE WITH CONSENT OF SPOUSE TO CONVEYANCE OF FAMILY HOME

*District Court Area of .............................

*District No.

*Dublin Metropolitan District

............................................................ ................................................ Applicant

............................................................ ................................................ Respondent

WHEREAS the applicant who resides at ............................................................ ........... ............................................................ ............................................................ ........ being the spouse of the respondent who resides at ............................................................ ....... in .............................................., proposes to convey an interest in the family home situate at............................................................ ............................................. in the Court *Area and District aforesaid to a person other than the respondent spouse;

AND WHEREAS the respondent spouse omits or refuses to give the consent required by subsection (1) of section 3 of the above-mentioned Act to the said conveyance;

TAKE NOTICE that an application will be made at the sitting of the District Court to be held at ........................................ on the ........ day of......................... 19 ....... at ..... a.m./p.m. to dispense with the consent.

Dated this...........day of.......................... 19......

Signed.......................................................

Applicant/Solicitor for Applicant

To.......................................................

of...................................................

the above-named respondent.

*Delete inapplicable words

Schedule C

O.60 r.12

No. 60.12

AN CHUIRT DUICHE THE DISTRICT COURT

FAMILY HOME PROTECTION ACT, 1976

section 4(1)

ORDER DISPENSING WITH CONSENT OF SPOUSE TO CONVEYANCE OF FAMILY HOME

*District Court Area of .............................

*District No.

*Dublin Metropolitan District

............................................................ ................................................ Applicant

............................................................ ................................................ Respondent

UPON THE APPLICATION of the above-named applicant spouse, who resides at ............................................................ .......... and who proposes to convey an interest in the family home at ............................................................ .......... in the Court *Area and District aforesaid to a person other than the respondent spouse, for an order under section 4(1) of the above-mentioned Act against the respondent spouse who resides at .......................... dispensing with the respondent spouse's consent to the said conveyance coming by notice duly served before the Court on this date, and

IT APPEARING to the Court that the rateable valuation of the land to which the application relates does not exceed£20.00, and

HAVING HEARD what was urged on behalf of the applicant and the respondent

IT IS ORDERED that the consent of the respondent spouse to the conveyance be and is hereby dispensed with.

Dated this ........... day of.......................... 19.......

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

Judge of the District Court

*Delete inapplicable words

Schedule C

O.60 r.12

No. 60.13

AN CHUIRT DUICHE THE DISTRICT COURT

FAMILY HOME PROTECTION ACT, 1976

section 4(1)

ORDER APPOINTING A PERSON TO EXECUTE CONSENT TO CONVEYANCE OF FAMILY HOME

*District Court Area of .............................

*District No.

*Dublin Metropolitan District

............................................................ ................................................ Applicant

............................................................ ................................................ Respondent

UPON THE APPLICATION of the above-named applicant spouse, who resides at ............................................................ .......... and who proposes to convey an interest in the family home at ............................................................ ..........in the Court *Area and District aforesaid to a person other than the respondent spouse, for an order under section 4(1) of the above-mentioned Act against the respondent spouse who resides at ......................... dispensing with the respondent spouse's consent to the said conveyance coming by notice duly served before the Court on this date, and

IT APPEARING to the Court that the rateable valuation of the land to which the application relates does not exceed£20.00,

IT IS ORDERED that the consent of the respondent spouse to the conveyance be and is hereby dispensed with, and, pursuant to section 33 of the Trustee Act, 1893 ......................... of.............................. be appointed to convey in the name of the respondent spouse ALL THAT AND THOSE the premises and hereditaments known as ............................. in the County of .................... to.......................... for all the estate, rights, title and interest of the said ................................. therein so as to assure the said property to the said .......................

Dated this .......... day of.......... 19..........

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

Judge of the District Court

*Delete inapplicable words

Schedule C

O.60 r.13

No. 60.14

AN CHUIRT DUICHE THE DISTRICT COURT

FAMILY HOME PROTECTION ACT, 1976

section 4(4)

APPLICATION FOR AN ORDER GIVING CONSENT ON BEHALF OF SPOUSE TO CONVEYANCE OF FAMILY HOME

*District Court Area of .............................

*District No.

*Dublin Metropolitan District

............................................................ ................................................ Applicant

............................................................ ................................................ Respondent

*Delete where inapplicable

WHEREAS the applicant who resides at ............................................................ ......... being the spouse of the respondent who resides at ....................................................... in .............................................., proposes to convey an interest in the family home situate at ............................................................ ............................................. in the Court *Area and District aforesaid to a person other than the respondent spouse;

AND WHEREAS the respondent spouse is incapable, by reason of unsoundness of mind or other mental disability, of giving the consent required by subsection (1) of section 3 of the above-mentioned Act to the said conveyance; *(or has not after reasonable inquiries been found);

TAKE NOTICE that an application will be made at the sitting of the District Court to be held at ......................................................... on the ........ day of......................... 19....... at..... a.m./p.m. for an order of the Court giving consent on behalf of the respondent spouse.

Dated this ........... day of......................... 19......

Signed......................................................

Applicant/Solicitor for Applicant

To......................................................

of..................................................

the above-named respondent.

*Delete inapplicable words

Schedule C

O.60 r.13

No. 60.15

AN CHUIRT DUICHE THE DISTRICT COURT

FAMILY HOME PROTECTION ACT, 1976

section 4(4)

ORDER CONSENTING TO CONVEYANCE OF FAMILY HOME

*District Court Area of .............................

*District No.

*Dublin Metropolitan District

............................................................ ................................................ Applicant

............................................................ ................................................ Respondent

UPON THE APPLICATION of the above-named applicant spouse, who resides at ............................................................ .......... and who proposes to convey an interest in the family home at ............................................................ .......... in the Court *Area and District aforesaid to a person other than the respondent spouse, for an order of the Court under section 4(4) of the above-mentioned Act giving the consent required under subsection (1) of section 3 of the above-mentioned Act on behalf of the said respondent spouse, coming by notice *(duly served) before the Court on this date, and

IT APPEARING to the Court that the rateable valuation of the land to which the application relates does not exceed£20.00;

AND IT FURTHER APPEARING that the respondent spouse whose consent is required under subsection (1) of section 3 of the above-mentioned Act is incapable of consenting by reason of unsoundness of mind or other mental disability or *(has not after reasonable inquiries been found) and that it is reasonable to do so;

IT IS ORDERED pursuant to subsection (4) of section 4 of the above-mentioned Act that the consent of the respondent spouse required under subsection (3) of section 3 of the above-mentioned Act to the proposed conveyance be and is hereby granted on behalf of the respondent spouse.

Dated this ........... day of.......................... 19.......

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

Judge of the District Court

*Delete inapplicable words

Schedule C

O.60 r.14

No. 60.16

AN CHUIRT DUICHE THE DISTRICT COURT

FAMILY HOME PROTECTION ACT, 1976

section 5(1)

APPLICATION FOR AN ORDER FOR THE PROTECTION OF FAMILY HOME IN THE INTEREST OF THE SPOUSE OR DEPENDENT CHILD

*District Court Area of .............................

*District No.

*Dublin Metropolitan District

............................................................ ................................................ Applicant

............................................................ ................................................ Respondent

WHEREAS the applicant who resides at ............................................................ .......... is the spouse of the respondent who resides at ............................................................ .. who is engaging in such conduct as may lead to the loss of an interest in the family home situate at............................................................ .......................................................... in the Court *Area and District aforesaid or may render it unsuitable for habitation as a family home with the intention of depriving the applicant spouse *or any dependent child of the family of his/her residence in the family home;

TAKE NOTICE that an application will be made to the sitting of the District Court to be held at ........................................ on the ....... day of........................................ 19...... at .......... a.m./p.m. for such order as the Court thinks proper directed to the respondent spouse or to any other person for the protection of the family home in the interest of the applicant spouse *or any such dependent child.

Dated this........... day of.......................... 19.......

Signed......................................................

Applicant/Solicitor for Applicant

To......................................................

of..................................................

the above-named respondent

To..................................................

of.............................................

*Delete inapplicable words

Schedule C

O.60 r.14

No. 60.17

AN CHUIRT DUICHE THE DISTRICT COURT

FAMILY HOME PROTECTION ACT, 1976

section 5(1)

ORDER FOR THE PROTECTION OF FAMILY HOME IN THE INTEREST OF THE SPOUSE OR DEPENDENT CHILD

*District Court Area of .............................

*District No.

*Dublin Metropolitan District

............................................................ ................................................... Applicant

............................................................ ................................................... Respondent

UPON THE APPLICATION of the above-named applicant who resides at .................................................... the spouse of the respondent who resides at ............................................... who is engaging in such conduct as may lead to the loss of an interest in the family home situate at ................................... in the Court

*Area and District aforesaid or may render it unsuitable for habitation as a family home with the intention of depriving the applicant spouse *or any dependent child of the family of his/her residence in the family home;

IT APPEARING to the Court that the rateable valuation of the land to which the application relates does not exceed£20.00; and the Court considering it proper to do so,

IT IS ORDERED that *the respondent *(and .................................... name any other person to whom the order is to apply) be and are hereby henceforth firmly enjoined and restrained from engaging in such conduct as may lead to the loss of any interest in the family home as aforesaid or as may render it unsuitable for habitation as a family home with the intention of depriving the applicant spouse *or any dependent child of his/her residence in the family home.

*AND IT IS FURTHER ORDERED

Dated this ........... day of ...................................... 19 .......

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

Judge of the District Court

*Delete inapplicable words

Schedule C

O.60 r.15

No. 60.18

AN CHUIRT DUICHE THE DISTRICT COURT

FAMILY HOME PROTECTION ACT, 1976

section 5(2)

APPLICATION FOR AN ORDER FOR COMPENSATION FOR LOSS RELATING TO THE FAMILY HOME

*District Court Area of .............................

*District No.

*Dublin Metropolitan District

............................................................ .................................... Applicant

............................................................ .................................... Respondent

WHEREAS the applicant residing at............................................................ .................. ............................................................ ............................................................ ........... is the spouse of the respondent residing at ........................................ who has deprived the applicant *or a dependent child of the family of his/her residence in the family home situate at ....................................................... in the Court *Area and District aforesaid by conduct that resulted in the loss of any interest therein or rendered it unsuitable for habitation as a family home;

TAKE NOTICE that an application will be made to the sitting of the District Court to be held at .................................................. on the ....... day of........................... 19...... at .......... am./p.m. for such order as the Court thinks proper directed to the respondent spouse or to any other person for the compensation of the applicant spouse and any such child for their loss or for such other order directed to the respondent spouse or any other person as may appear to the Court to be just and equitable.

Dated this........... day of.............................. 19......

Signed ......................................................

Applicant/Solicitor for Applicant

To.......................................................

of................................................

the above-named respondent

To.................................................

of............................................

*Delete inapplicable words

Schedule C

O.60 r.15

No. 60.19

AN CHUIRT DUICHE THE DISTRICT COURT

FAMILY HOME PROTECTION ACT, 1976

section 5(2)

ORDER OF COMPENSATION FOR LOSS RELATING TO FAMILY HOME

*District Court Area of .............................

*District No.

*Dublin Metropolitan District

............................................................ ................................................... Applicant

............................................................ ................................................... Respondent

UPON THE APPLICATION of the above-named applicant residing at ............................................................ , is the spouse of the respondent residing at. .................................................... who has deprived the applicant *or a dependent child of the family of his/her residence in the family home situate at ................................................... in the Court *Area and District aforesaid by conduct that resulted in the loss of an interest therein or rendered it unsuitable for habitation as a family home;

IT APPEARING to the Court that the rateable valuation of the land to which the application relates does not exceed£20.00; and the Court considering that it is just and equitable to do so;

IT IS ORDERED that the * respondent spouse. *(and . . name any other person to whom the order is to apply) pay the sum of£ ............. for the loss of interest or enjoyment or for rendering it unsuitable for habitation as a family home.

*AND IT IS FURTHER ORDERED

Dated this ........... day of ......................... 19..........

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

Judge of the District Court

*Delete inapplicable words

Given this 30th day of June, 1997.

Peter Smithwick Chairman

John Garavan

John P. Clifford

Gillian M. Hussey

John P. Brophy

Deirdre M. Kennedy

Gerard Griffin

Sean McMullin

James McCormack Secretary

I concur in the making of the foregoing Rules.

Dated this 17th day of February, 1998.

................... John O'Donoghue ....................

Minister for Justice, Equality and Law Reform

EXPLANATORY NOTE

These Rules, which come into effect on 15th March, 1998 describe the procedure to be followed and the forms to be used in applications under both the

Family Law Act, 1995

and the

Family Law (Divorce) Act, 1996

.

16. Where the Court has made an order providing for periodical payments by way of support or maintenance by a maintenance debtor to a maintenance creditor, an application may be made to the Court on a date subsequent to the date on which such order is made pursuant to the provisions of section 41 of the Act of 1995 by any person having an interest in the proceedings to secure the said payments to the maintenance creditor. Such application shall be preceded by the issue and service of a notice in the Form 54.22 Schedule C. The order of the Court granting such application shall be in the Form 54.23 Schedule C.

Lump Sum Orders

17. Where, under the powers conferred by section 42 of the Act of 1995, an order is made in the District Court providing for the making of a lump sum payment or lump sum payments the order of the Court shall be in the Form 54.24, 54.25, 54.26, or 54.27 Schedule C as the case may be.

Stay on certain orders the subject of appeal

18. (1) Notwithstanding the provisions of Order 25, rule 9(4) and Order 101 of these Rules, and that an appellant has entered into a recognizance of appeal, an appeal from an order under

(i) section 11 (2) (b) of the

Guardianship of Infants Act, 1964

, (No. 7 of 1964),

(ii)

section 5

,

5A

or

7

of the

Family Law (Maintenance of Spouses and Children) Act, 1976

(No. 11 of 1976)

shall, if the court that made the order or the court to which the appeal is brought so determines (but not otherwise), stay the operation of the order.

(2) An application to the District Court to stay the operation of an order such as is mentioned in subsection (1) of this rule, may be made following the service and lodgment of a notice of appeal and lodgment of the recognizance for appeal and when made otherwise than upon the occasion of the making of those orders shall be preceded by the issue of a notice in the Form 54.28 which shall be served upon the respondent to the application two days before the hearing of the application. The order of the Court granting the stay shall be in the Form 54.29."

Schedule C

O.54, r.4(1)

No. 54.1

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

section 5(1)(a) as amended

MAINTENANCE SUMMONS

District Court Area of District No.

............................................................ ............................ Applicant

............................................................ ............................ Respondent

WHEREAS AN APPLICATION has been made by the above-named applicant, *(residing) *(carrying on profession, business or occupation) at ................... *(in court area and district aforesaid), for the issue of a summons seeking a maintenance order against you on the grounds

THAT YOU the above-named respondent, *(residing) *(carrying on profession, business or occupation) at .................. *(in court area and district aforesaid), being the spouse of the said applicant,

HAVE FAILED TO PROVIDE SUCH MAINTENANCE as is proper in the circumstances for the said applicant and the dependent child(ren) of the family, namely,

......................................... born on .............................,

......................................... born on .............................,

under the age of 18 years,

*(...................................... born on..............................,

who has attained the age of 18 years and is under the age of 23 years and who *(is) *(will be) receiving full-time education or instruction at an educational establishment),

*(...................................... born on..............................,

who has attained the age of 18 years but who is suffering from mental or physical disability to such an extent that it is not reasonably possible for him/her to maintain himself/herself fully),

*Delete words inapplicable

THIS IS TO COMMAND YOU the respondent to appear at the sitting of the District Court for court area and district aforesaid to be held at .................. on the day of 19 at a.m./p.m. on the hearing of the said application for a maintenance order.

Dated this day of 19 .

Signed........................................

Judge of the District Court (or)

Peace Commissioner (or)

District Court Clerk

To

of

the above-named respondent

Schedule C

O.54, r.4(1)

No. 54.2

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

section 5(1)(b) as amended

MAINTENANCE SUMMONS

District Court Area of District No.

......................................................... Applicant

......................................................... Respondent

WHEREAS AN APPLICATION has been made by the above-named applicant, *(residing) *(carrying on profession, business or occupation) at .............. *(in court area and district aforesaid), for the issue of a summons seeking a maintenance order against you on the grounds

THAT YOU the above-named respondent, *(residing) *(carrying on profession, business or occupation) at ................. *(in court area and district aforesaid), being the spouse of ................. *(now deceased) *(who has deserted you) *(who has been deserted by you) *(living separately and apart from you),

HAVE FAILED TO PROVIDE SUCH MAINTENANCE as is proper in the circumstances for the dependent child(ren) of the family, namely,

......................................... born on .............................,

......................................... born on .............................,

under the age of 18 years,

*(...................................... born on .............................,

who has attained the age of 18 years and is under the age of 23 years and who *(is) *(will be) receiving full-time education or instruction at an educational establishment),

*(...................................... born on .............................,

*Delete words inapplicable

who has attained the age of 18 years but who is suffering from mental or physical disability to such an extent that it is not reasonably possible for him/her to maintain himself/herself fully),

THIS IS TO COMMAND YOU the respondent to appear at the sitting of the District Court for court area and district aforesaid to be held at ............... on the day of 19 at a.m./p.m. on the hearing of the said application for a maintenance order.

Dated this day of 19 .

Signed........................................

Judge of the District Court (or)

Peace Commissioner (or)

District Court Clerk

To

of

the above-named respondent

Schedule C

O.54, r.4(3)

No. 54.5

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

section 5(1)(a) as amended

MAINTENANCE ORDER

District Court Area of District No.

....................................................... Maintenance Creditor

....................................................... Maintenance Debtor

UPON HEARING AN APPLICATION made to this Court to-day by the above-named maintenance creditor, *(residing) *(carrying on profession, business or occupation) at............................................................ ........*(in court area and district aforesaid), FOR A MAINTENANCE ORDER against the above-named maintenance debtor on the ground that the maintenance debtor, *(residing) *(carrying on profession, business or occupation) at ................................. *(in court area and district aforesaid), being the spouse of the said maintenance creditor, has failed to provide such maintenance as is proper in the circumstances for the said maintenance creditor *(and the dependent child(ren) of the family),

AND THE COURT BEING SATISFIED that the summons herein, dated the day of 19 , was duly served upon the maintenance debtor,

AND HAVING HEARD the evidence tendered by or on behalf of the maintenance creditor*(and the maintenance debtor),

*Delete words inapplicable

THE COURT HEREBY ORDERS

The District Court Rules Committee, in exercise of the powers conferred on them by

section 91

of the

Courts of Justice Act, 1924

,

section 72

of the

Courts of Justice Act, 1936

, and

section 17

of the

Interpretation Act, 1937

(as applied by

section 48

of the

Courts (Supplemental Provisions Act, 1961

), and

section 34

of the

Courts (Supplemental Provisions Act, 1961

), do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform make the following Rules of Court:-