S.I. No. 17/2016 - District Court (Children and Family Relationships Act 2015) Rules 2016.

1. .

2. .

(ii) furnish to the Court a report, which shall put before the Court any views expressed by the child(ren) in relation to the matters to which the proceedings relate.

The report is to be *lodged with the District Court Clerk at not later than *handed into Court on the . day of .. 20

Dated this ... day of ................. 20...

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

Judge of the District Court

*Delete inapplicable words

No. 58.53

SCHEDULE C

O. 58, r. 14

Guardianship of Infants Act 1964, section 12A(4)

Child Care Act 1991, section 20

Order directing report

Record number

District Court Area of District No.

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

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

*UPON APPLICATION under *section 12A(4) of the

Guardianship of Infants Act 1964

*

section 20

of the

Child Care Act 1991

made to the Court on this date by the above-named *applicant/*respondent of........................... *(in the court (area and) district aforesaid), for an order under

section 20

of the

Child Care Act 1991

*WHEREAS THE COURT having heard the parties considers it appropriate to do so under

section 20

of the

Child Care Act 1991

THE COURT

under *section 12A(4) of the

Guardianship of Infants Act 1964

*

section 20

of the

Child Care Act 1991

hereby adjourns the proceedings to the Court sitting at . on the . day of ..20 and directs the Child and Family Agency to undertake an investigation of the circumstances of............................... born on......................,............................... born on......................, (a) child(ren) residing at..........................

AND THE COURT *hereby gives the following directions as to the care and custody of the said child(ren). *hereby makes a supervision order in respect of the said child(ren)., pending the outcome of the investigation by the Child and Family Agency.

AND THIS ORDER requires the Child and Family Agency to undertake an investigation of the circumstances of the said child(ren). and to consider whether it should—

(a) apply for a care order or for a supervision order with respect to the child(ren),

(b) provide services or assistance for the child(ren) or *his/*her/*their family, or

(c) take any other action with respect to the child(ren).

AND if the Child and Family Agency undertakes an investigation under the said

section 20

of the

Child Care Act 1991

and decides not to apply for a care order or a supervision order with respect to the child(ren) concerned, it is required to inform the Court of—

(a) its reasons for so deciding,

(b) any service or assistance it has provided, or it intends to provide, for the child(ren) and *his/*her/*their family, and

(c) any other action which it has taken, or proposes to take, with respect to the child(ren).

*Having regard to the evidence given and what was offered on behalf of the parties, the Court considers that the following circumstances in particular should be investigated, namely, .

*A report in writing on the investigation to be *lodged with the District Court Clerk at not later than *handed into Court on the . day of .. 20

Dated this ... day of ................. 20...

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

Judge of the District Court

*Delete inapplicable words

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These rules amend the District Court Rules by amending Orders 54, 54A, 57 and 58 and 98 and associated forms in Schedule C to facilitate the operation of the

Children and Family Relationships Act 2015

.

3. An application was made in writing by the Maintenance Creditor to the District Court Clerk for the above court area, on the ..... day of ......... 20, for the issue of this summons in respect of the sums in arrear as set out below;

4. The Maintenance Creditor claims that you the Maintenance Debtor have not complied with the said maintenance order and that there is now in arrear in respect of same the sum of €....., being the amount of ...... weekly payments, which have become due and payable †(together with the sum of €...... for costs and expenses making in all the sum of €......);

YOU ARE REQUIRED to attend at the sitting of the District Court to be held at ...... on the ..... day of ..... 20.... at ..... a.m./p.m. on the hearing of this summons.

At that hearing, having listened to the Maintenance Creditor and to you, the Court may

(a) having heard evidence as to the financial circumstances of both you and of the Maintenance Creditor, treat the case as one asking the Court to vary the said maintenance order and if it does, it may change the amount of each payment, or the times at which payments are to be made or change a single payment to payment by such instalments at such times as the Judge thinks is reasonable in all the circumstances,

(b) adjourn the hearing to enable the outstanding payment to be made, or

(c) adjourn the hearing to enable an application to be made for an attachment of earnings order against you, or

(d) if satisfied that your failure to pay is not due to your inability to make the payment concerned by reason of a change in your financial circumstances since the above order was made or due to some other reason not attributable to any act or omission on your part, treat your failure to make the payment concerned as constituting contempt of court and deal with the matter accordingly, including by making an order for your imprisonment.

Dated this.... day of...... 20....

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

District Court Clerk

To ...... of ...... the above-named Maintenance Debtor

*Delete where inapplicable

†Delete where inapplicable

No. 57.6

SCHEDULE C

O.57, r. 10

*FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976, SECTION 9A(5)

(as inserted by Civil Law (Miscellaneous Provisions) Act 2011, section 31)

*CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010, SECTION 52A

(as inserted by Children and Family Relationships Act 2015, section 146)

WARRANT OF ARREST

District Court Area of District No.

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

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

WHEREAS by †maintenance/†variation/†interim order dated the . day of .... 20, made at the sitting of the District Court at .............., the Maintenance Debtor, of ...................... was ordered to pay to the Maintenance Creditor of .................................., †(the weekly sum of €........ for her/his support) †(and) †(the weekly sum of €.......... for the support of ..... dependent child(ren) †(of the family)) †(together with the sum of €..... for costs and expenses).

AND WHEREAS the said Maintenance Creditor alleges that the monetary amounts directed to be made by the said order have not been duly paid according thereto, and there is now in arrear in respect of same the sum of €.................. being the amount of ...................... weekly payments which have become due and payable, †(together with the sum of €.................. for costs and expenses, making in all the sum of €..................).

AND WHEREAS the said Maintenance Creditor duly applied for the issue of a summons under section *9A(3) *52A(3) of the above-mentioned Act and such summons was duly issued directing the said Maintenance Debtor to appear before the District Court sitting at . this day

AND WHEREAS I AM SATISFIED that said summons was duly served on the Maintenance Debtor

AND WHEREAS I AM SATISFIED that said Maintenance Debtor has failed, without reasonable excuse, to appear in court in answer to the said summons

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said Maintenance Debtor .. of ............................................................................ and to bring him/her before me or before another Judge at the sitting of the District Court in District No .............. next following the date of his/her arrest to be dealt with according to law.

Dated this .day of..20.

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

Judge of the District Court

To the Superintendent of the Garda Síochána

At ............................................

*Delete where inapplicable

†Delete where inapplicable

No. 57.7

SCHEDULE C

O.57, r. 11

*FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976, SECTION 9A

(as inserted by Civil Law (Miscellaneous Provisions) Act 2011, section 31)

*CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010, SECTION 52A

(as inserted by Children and Family Relationships Act 2015, section 146)

WARRANT OF DETENTION (WHERE DEBTOR HAS ATTENDED)

District Court Area of District No.

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

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

WHEREAS

the above named Maintenance Debtor of .............................. was this day before a sitting of the District Court at ........................ in court area and district aforesaid, pursuant to a summons issued under section *9A *52A of the above-mentioned Act reciting that:—

By †maintenance/†variation/†interim order dated day of . 20., made by the ‡..................... Court at ................... the Maintenance Debtor, of ............................, was ordered to pay to ............................, the above named Maintenance Creditor, the †(weekly sum of €............ for her/his support) †(and) †(the weekly sum of €............ for the support of ......... dependent child(ren) †(of the family)) †(together with the sum of €............ for costs and expenses)

AND WHEREAS the Court is satisfied on the evidence adduced that, of the said weekly payments which have become due and payable by virtue of the said order, the sum of €............ †(together with the sum of €............ for costs and expenses, making in all the sum of €............) has not been duly paid;

AND WHEREAS the Court,

having given to the Maintenance Debtor the explanations referred to in section *9A(8) *52A(8) of the said Act,

having given the Maintenance Debtor an opportunity to apply for legal advice and legal aid,

and having heard such evidence as was adduced by the Maintenance Creditor and the Maintenance Debtor,

BEING SATISFIED that the payment concerned has not been made and that the failure to make the payment concerned is not due to—

(a) the inability of the Maintenance Debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the *(last) said order was made, or

(b) some other reason not attributable to any act or omission of the Maintenance Debtor,

Treated the failure by the Maintenance Debtor to make the payment concerned as constituting contempt of court and dealt with the matter accordingly by ordering the imprisonment of the Maintenance Debtor

THIS IS TO COMMAND YOU, to whom this warrant is addressed, to lodge the Maintenance Debtor, the said ................................. in the prison at ........................... there to be detained by the Governor of the said prison

*until the ........ day of ..............20.. at ..o’clock,1 (when the Governor shall have him/her at the District Court at ..), unless the sum of €.. be sooner paid by or on behalf of the said Maintenance Debtor to the District Court Clerk for District No. . or to you for transmission to said District Court Clerk

*(

insert any other condition or requirement imposed by the Court to purge the contempt as appropriate

)

Dated this ........ day of ..............20..

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at .............................................

and his/her assistants.

And to Governor of the prison

at .............................................

†delete where inapplicable

*delete where inapplicable

1use where the Court has directed that the Maintenance Debtor be brought back before the Court on a date fixed by the Court

‡State Court which made Order

No. 57.8

SCHEDULE C

O.57, r. 11

*FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976, SECTION 9A

(as inserted by Civil Law (Miscellaneous Provisions) Act 2011, section 31)

*CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010, SECTION 52A

(as inserted by Children and Family Relationships Act 2015, section 146)

WARRANT OF DETENTION (FAILURE TO ATTEND)

District Court Area of District No.

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

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

WHEREAS

the above named Maintenance Debtor of ..................... was on the day of .. 20. before a sitting of the District Court at .................... in court area and district aforesaid, on foot of a warrant issued under section *9A(5) *52A(5) of the above-mentioned Act reciting that:—

By †maintenance/†variation/†interim order dated day of 20., made by the ‡....................Court at ................... the Maintenance Debtor, of ........................., was ordered to pay to .................., the above named Maintenance Creditor, the †(weekly sum of €............ for her/his support) †(and) †(the weekly sum of €............ for the support of ........ dependent child(ren) †(of the family)) †(together with the sum of €............ for costs and expenses)

AND WHEREAS the Court on said date, pursuant to section *9A(7) *52A(7) of said Act, fixed this day as the new date for the hearing of the summons issued under section *9A(3) *52A(3) of said Act in respect of the Maintenance Debtor and explained to the Maintenance Debtor in ordinary language—

(a) that *(s) he was required to attend before the Court on this day,

(b) that failure to attend may in itself constitute a contempt of court and the consequences of such contempt, including in particular the possibility of imprisonment, and that such contempt and the consequences which may follow are in addition to the consequences arising by reason of failure to make a payment under the said order, and

(c) that *(s) he is entitled to apply for legal advice and legal aid under the

Civil Legal Aid Act 1995

And the said Maintenance Debtor not attending in Court on this date

Treated the failure by the Maintenance Debtor to attend court as constituting contempt of court and dealt with the matter accordingly by ordering the imprisonment of the Maintenance Debtor

THIS IS TO COMMAND YOU, to whom this warrant is addressed, to lodge the Maintenance Debtor, the said .................... in the prison at ................................ there to be detained by the Governor of the said prison

*until (insert condition or other details as appropriate)

*until the ........ day of .............. 20.. *(at ..o’clock) *(when the Governor shall have him/her at the District Court at ..).

Dated this ........ day of .............. 20..

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

Judge of the District Court

To the Superintendent of the Garda Síochána

at .............................................

and his/her assistants.

And to Governor of the prison

at .............................................

†delete where inapplicable

*delete where inapplicable

No. 58.1

SCHEDULE C

O. 58, r. 4(1)

Guardianship of Infants Act 1964, section 6A

Notice of application by a person to be appointed a guardian

District Court Area of District No.

.......... Applicant

...... Respondent

TAKE NOTICE that the above-named applicant of ................. in the court (area and) district aforesaid, being a parent but not a guardian of ............................... born on ......................, ............................... born on ......................, (a) child(ren) residing at .............,

will apply at the sitting of the District Court to be held at .................... on the ... day of ............. 20.., at . a.m./p.m. for an order under section 6A of the Act appointing *him/*her to be a guardian of the said child(ren).

Dated this ... day of ................ 20..

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

Applicant/Solicitor for the Applicant

To The District Court Clerk, District Court Office, at ..................

(and)

*(To . of .)

*Delete inapplicable words

No. 58.2

SCHEDULE C

O. 58, r. 4(1)

Guardianship of Infants Act 1964, section 6A

Order appointing person to be a guardian

District Court Area of District No.

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

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

UPON APPLICATION made to this Court on this date by the above-named applicant, of ................... in the court (area and) district aforesaid, being a parent but not a guardian of ............................... born on ....................., ............................... born on ......................, (a) child(ren), residing at .................

for an order under section 6A of the Act appointing *him/*her to be a guardian of the said child(ren);

THE COURT being satisfied that notice of application herein has been duly served upon each guardian of the child(ren) and having heard the evidence of the applicant *(and of the other parent) *(and of the other guardian(s) of the child(ren);) and being satisfied that the best interests of the child(ren) require the making of this Order;

HEREBY APPOINTS the above-named applicant .................. to be a guardian of the said child(ren) pursuant to section 6A of the Act.

Dated this ... day of ..... 20...

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

Judge of the District Court

*Delete inapplicable words

No. 58.3

SCHEDULE C

O. 58, r. 4(6)

Guardianship of Infants Acts 1964, section 7(4)

Notice of application by *surviving guardian *testamentary guardian for order

District Court Area of District No.

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

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

WHEREAS the above-named applicant of .......................... in the court (area and) district aforesaid, is the *surviving guardian *testamentary guardian of ............................... born on ......................, ............................... born on ......................, (a) child(ren) residing at .............

*[and whereas the applicant, the surviving guardian of the child(ren) objects to the respondent, the testamentary guardian of the child(ren) acting jointly with *him/*her as guardian of the child(ren)]

*[and whereas the applicant, the testamentary guardian of the child(ren) considers that the respondent, the surviving guardian of the child(ren), is unfit to have the custody of the child(ren)]

TAKE NOTICE that the applicant will apply at the sitting of the District Court to be held at ............... on the ... day of ............. 20..., at .... a.m./p.m. for an order

*that the appointment of the respondent as testamentary guardian be revoked and that the applicant shall remain guardian of the child(ren).

*that the applicant shall act as guardian of the child(ren) to the exclusion, insofar as the Court thinks proper, of the respondent.

Dated this ... day of ..... 20...

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

Applicant/Solicitor for the Applicant

To The District Court Clerk, District Court Office, at ...........................

*and to .of

*Delete inapplicable words

No. 58.4

SCHEDULE C

O. 58, r. 4(6)

Guardianship of Infants Act 1964, section 7(5)

Order under section *7(5)(a) *7(5)(b)

District Court Area of District No.

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

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

UPON APPLICATION made to this Court on this date by the above-named applicant, of ..................... in the court (area and) district aforesaid, a *surviving guardian *testamentary guardian of ............................... born on ......................, ............................... born on ....................., (a) child(ren) residing at ................... for an order under section 7 of the Act, the respondent, of ............................ being the *testamentary guardian *surviving guardian of the child(ren)

THE COURT being satisfied that notice of the application was duly served, and that the best interests of the child(ren) require the making of this order;

HEREBY ORDERS

*that the appointment of the above-named respondent, as testamentary guardian be revoked and that the applicant as surviving guardian shall remain guardian of the said child(ren).

*that the above-named testamentary guardian shall act jointly with the said .., surviving guardian, as guardians of the said child(ren).

Dated this .... day of .......... 20.....

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

Judge of the District Court

WARNING

Where this order contains a direction regarding the custody of a child or the right of access to a child, any person who fails or refuses to give up the child or to allow access to the child as required shall be guilty of an offence and shall be liable on summary conviction to a Class C fine, being a fine not exceeding €2,500 or to imprisonment not exceeding twelve months, or to both.

*Delete where inapplicable

No. 58.6

SCHEDULE C

O. 58, r. 4(6)

Guardianship of Infants Act 1964, section 7(5)

Order under section 7(5)(c)

District Court Area of District No.

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

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

UPON APPLICATION made to this Court on this date by the above-named applicant, of ..................... in the court (area and) district aforesaid, a *surviving guardian *testamentary guardian of ............................... born on ......................,............................... born on ......................, (a) child(ren) residing at .................... for an order under section 7 of the Act, the respondent, of ......................... being the *testamentary guardian *surviving guardian of the child(ren)

THE COURT being satisfied that notice of the application was duly served, and that the best interests of the child(ren) require the making of this order;

HEREBY ORDERS that the above-named testamentary guardian shall act as guardian of the said child(ren),to the exclusion, insofar as the Court thinks proper, of the said .., surviving guardian,

*(so far as—

*(regarding custody and access)—

THAT

(regarding maintenance)

that the said .............. do pay to the said ............. the weekly sum of €........ towards the maintenance of (each of) the said child(ren) namely ............... born on ............... until such child(ren) shall attain the age of 18 years, and thereafter if, when the child(ren) has/have attained that age, he/she

(i) is or will be, or if any order were made under this Act providing for payment of maintenance for the benefit of the child, would be receiving full-time education or instruction at a university, college, school or other educational establishment, and who has not attained the age of 23 years, or

(ii) has a mental or physical disability to such extent that it is not reasonably possible for him or her to maintain himself or herself fully; making in all the total weekly sum of €.........,

(regarding costs)

THAT the respondent do pay to the applicant the sum of €...... being the costs of these proceedings.

*(AND FURTHER ORDERS as follows;— .)

Dated this .... day of .......... 20.....

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

Judge of the District Court

WARNING

Where this order contains a direction regarding the custody of a child or the right of access to a child, any person who fails or refuses to give up the child or to allow access to the child as required shall be guilty of an offence and shall be liable on summary conviction to a Class C fine, being a fine not exceeding €2,500 or to imprisonment not exceeding twelve months, or to both.

*Delete where inapplicable

No. 58.11

SCHEDULE C

O. 58, r. 4(9)

Guardianship of Infants Act 1964, section 8(4) and 8(5)

Notice of Application to remove from office a guardian (and to appoint another)

District Court Area of District No.

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

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

TAKE NOTICE that the above-named applicant of ....................... in the court (area and) district aforesaid, WILL APPLY at the sitting of the District Court to be held at ...................... on the... day of .............. 20..., at ..... a.m./p.m. FOR AN ORDER under section8(4) of the above-mentioned Act removing from office the respondent, of ....................................*in court (area and) district aforesaid, guardian

*appointed by *will/*deed dated the ... day of ....... 19/20.

*appointed by order of the court made the ... day of ....... 19/20.

*holding office by virtue of the circumstances set out in *section 2(4), *section 2(4A), *section 6B(3), *section 6B(4), of the Act

*holding office by virtue of section 6D, and subject to section 6D(2), of the Act

of ............................... born on ......................, ............................... born on ......................,(a) child(ren) residing at ........ *[and for an order under section 8(5) of the Act appointing ............................ of ............................. to be guardian in his/her place]

Dated this ... day of ................. 20...

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

Applicant/Solicitor for the Applicant

To: District Court Clerk at.

To .of.

*Delete inapplicable words

No. 58.13

SCHEDULE C

O. 58, r.4(9)

Guardianship of Infants Act 1964, section 8(4) and (5)

Order removing from office a guardian *(and appointing another)

District Court Area of District No.

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

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

UPON APPLICATION made to the Court on this date by the above-named applicant of .........................., in the court (area and) district aforesaid, for order(s) under section(s) 8(4) (*and 8(5)) of the Act in respect of the above-named respondent, of ............................................ *in court (area and) district aforesaid, guardian

*appointed by *will/*deed dated the ... day of....... 19/20.

*appointed by order of the court made the ... day of ....... 19/20.

*holding office by virtue of the circumstances set out in *section 2(4), *section 2(4A), *section 6B(3), *section 6B(4), of the Act

*holding office by virtue of section 6D, and subject to section 6D(2), of the Act

of .............................. born on ......................, ............................... born on ......................, (a) child(ren) residing at ...............................

THE COURT being satisfied that notice of the application has been duly served, and that the best interests of the child(ren) require the making of this order,

HEREBY ORDERS that the respondent be removed from office as guardian of the child(ren),

*(AND APPOINTS .................... of ............................. as guardian in his/her place).

*(AND DIRECTS as follows:— .)

Dated this ... day of ...... 20...

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

Judge of the District Court

*Delete inapplicable words.

No. 58.17

SCHEDULE C

O. 58, r. 5(1)

Guardianship of Infants Act 1964

Notice of application under section 11 for the court’s direction

District Court Area of District No.

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

..............Respondent(s)

TAKE NOTICE that application will be made at the sitting of the District Court to be held at ............. on the... day of ............ 20 .... at... a.m./p.m.

*[under section 11(1) of the Act by the above-named applicant of................. in court (area and) district aforesaid, being a guardian of ............................... born on ......................,............................... born on ......................, (a) child(ren) residing at .................... for the Court’s direction on the following question affecting the welfare of the child(ren)]

e.g. regarding custody, access, maintenance or any other matter)—

*[under section 11(1) by the above-named applicant of ............... in court *(area and) district aforesaid, being a parent of and not being a guardian of, ............................... born on ......................, ............................... born on ......................, (a) child(ren) residing at .................... whose parents have not married each other in accordance with section 11(4) of the Act (as substituted by

section 53

of the

Children and Family Relationships Act 2015

), for the Court’s direction regarding the custody of the child(ren) and the right of access thereto of the applicant or the child(’s)(rens’) other parent].

Dated this ... day of ............... 20...

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

Applicant/Solicitor for the Applicant

To: District Court Clerk at..

To. of .

*Delete inapplicable words

No. 58.18

SCHEDULE C

O. 58, r. 5

Guardianship of Infants Act 1964, section 11

ORDER ON QUESTION AFFECTING WELFARE OF CHILD(REN)

District Court Area of District No.

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

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

UPON APPLICATION made to this Court on this date under section 11(1) of the Act, for the Court’s direction regarding the welfare of ............................... born on ......................, ............................... born on ......................, (a) child(ren) residing at .................

*[by the above-named applicant of .............. in court *(area and) district aforesaid, being a guardian of the said child(ren) for the Court’s direction on the following question affecting the welfare of the said child(ren)]—

*[by the above-named applicant of ....................... in court *(area and) district aforesaid, being a parent of and not being a guardian of the said child(ren) whose parents have not married each other in accordance with section 11(4) of the Act (as substituted by

section 53

of the

Children and Family Relationships Act 2015

), for the Court’s direction regarding the custody of the child(ren) and the right of access thereto of the applicant or the child(’s)(rens’) other parent].

THE COURT being satisfied that notice of the application was duly served, and having heard the submissions made herein, and being satisfied that the best interests of the child(ren) require the making of this order,

HEREBY DIRECTS (regarding custody and access — for example —)

*that the custody care and control of the said child(ren) be given to the *(applicant) *(respondent) and that access to the said child(ren) by the *(respondent) *(applicant) be allowed on every .............. day between the hours of .......... a.m./p.m., and ....... a.m./p.m. the *(applicant) *(respondent) to collect the child(ren) from .............. and return the child(ren) to .................. and that access be allowed at such further or other times as may be agreed

—Provided that the party to whom custody of the said child(ren) is hereby given shall not remove the said child(ren) from the jurisdiction of this Court without having first obtained the consent in writing of the other party or the leave of this Court or of any other Court of competent jurisdiction.

(regarding maintenance — for example —)

*that the said ............ do pay to the said .......... the weekly sum of €........... towards the maintenance of (each of) the said child(ren), namely

............... born on ......................

................... born on ......................

until such child shall attain the age of 18 years, and thereafter if, when the child has attained that age, he or she

(i) is or will be, or if any order were made under the Act providing for payment of maintenance for the benefit of the child, would be, receiving full-time education or instruction at a university, college, school or other establishment, and who has not attained the age of 23 years; or

(ii) has a mental or physical disability to such extent that it is not reasonably possible for him or her to maintain himself or herself fully;

making in all the total weekly sum of €..........

(regarding any other question or matter)

*that (regarding costs)

*that the above-named *(respondent) *(applicant) do pay to the above-named *(applicant) *(respondent) the sum of €.............. being the costs of these proceedings.

Dated this .... day of ............... 20.....

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

Judge of the District Court

WARNING

Where this order contains a direction regarding the custody of a child or the right of access to a child, any person who fails or refuses to give up the child or to allow access to the child as required shall be guilty of an offence and shall be liable on summary conviction to a Class C fine, being a fine not exceeding €2,500 or to imprisonment not exceeding twelve months, or to both.

*Delete where inapplicable

Schedule 6

No. 54.30

O. 54, r.4(4)

Family Law (Maintenance of Spouses and Children) Act 1976

Section 5B (inserted by

section 73

of the

Children and Family Relationships Act 2015

)

Maintenance Summons

District Court Area of District No.

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

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

WHEREAS AN APPLICATION has been made by the above-named maintenance applicant, *(residing) *(carrying on a profession, business or occupation) at ........................... *(in court area and district aforesaid), who is *a parent of *

in loco parentis

to

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

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

(a) dependent child(ren) under the age of 18 years of age for the issue of a summons seeking a maintenance order against you (being the cohabitant of the above-named maintenance applicant) on the grounds THAT YOU the above-named respondent, *(residing) *(carrying on profession, business or occupation) at ..................... *(in court area and district aforesaid),

(a) being the cohabitant of the maintenance applicant,

(b) not being the parent of the dependent child(ren), and

(c) being a guardian of the dependent child(ren) appointed under section 6C of the

Guardianship of Infants Act 1964

HAVE FAILED TO PROVIDE SUCH MAINTENANCE as is proper in the circumstances for the said dependent child(ren).

THIS IS TO COMMAND YOU the maintenance respondent to appear at the sitting of the District Court for the court area and district aforesaid to be held at .......... on the ... day of ..... 20... at ...a.m./p.m. on the hearing of the said application for a maintenance order.

Dated this ... day of ...... 20....

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

Judge of the District Court

(or) Peace Commissioner

(or) District Court Clerk

To

of

the above-named maintenance respondent

No. 54.31

O. 54, r. 4(4)

Family Law (Maintenance of Spouses and Children) Act 1976

Section 5B (inserted by

section 73

of the

Children and Family Relationships Act 2015

)

Maintenance Order

District Court Area of District No.

..............Maintenance Applicant/Maintenance Creditor

..............Respondent/Maintenance Debtor

UPON HEARING AN APPLICATION made to this Court today by the above-named maintenance creditor *(residing) *(carrying on a profession, business or occupation) at ....*(in court area and district aforesaid) who is *a parent of *

in loco parentis

to

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

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

(a) dependent child(ren) under the age of 18 years of age

FOR A MAINTENANCE ORDER against the above-named maintenance debtor on the ground that the maintenance debtor *(residing) (carrying on a profession, business or occupation) at ...*(in court area and district aforesaid),

(a) being the cohabitant of the maintenance creditor,

(b) not being the parent of the dependent child(ren), and

(c) being a guardian of the dependent child(ren) appointed under section 6C of the

Guardianship of Infants Act 1964

, has failed to provide such maintenance as is proper in the circumstances for the said dependent child(ren)

†AND THE COURT BEING SATISFIED that the summons herein dated the day of 20.., 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),

*(BY CONSENT) THE COURT HEREBY ORDERS

5. (1) Where the Court’s direction is sought under section 11 of the Act, the application shall be preceded by the issue and service of a notice in the Form 58.17 Schedule C upon each other person who is a parent or guardian of the child concerned. The order of the Court thereon shall be in the Form 58.18 Schedule C.

(2) An application to the Court under section 11B of the Act for an order giving a relative of a child or a person who has acted in loco parentis to a child access to the child shall be preceded by the issue and service of a notice in the Form 58.19 Schedule C upon each of the guardians of the child. The order of the Court thereon shall be in the Form 58.20 Schedule C.

(3) An application to the Court under section 11E of the Act (inserted by section 57 of the Act of 2015) for an order giving a person mentioned in section 11E(1) of the Act custody of a child shall be preceded by the issue and service of a notice in the Form 58.41 Schedule C upon each of the guardians of the child. The order of the Court thereon shall be in the Form 58.42 Schedule C.

Application to vary/discharge

6. An application under section 12 of the Act for an order varying or discharging a previous order shall be preceded by the issue and service of a notice in the Form 58.21 Schedule C upon each of the other guardians or each of the guardians of the child as the case may be. The order of the Court thereon shall be in the Form 58.22 Schedule C.

Application for production of child

7. An application under Part III of the Act for an order for the production of a child shall be preceded by the issue and service of a notice in the Form 58.23 Schedule C upon the person having custody of the child. The order of the Court thereon shall be in the Form 58.24 Schedule C which shall be served upon the said person. The order of the Court under Part III of the Act shall be in the Form 58.25, 58.26 or 58.27 Schedule C, as appropriate.

Enforcement order or complaint of non-compliance

8. (1) An application to the Court under section 18A(1) of the Act (inserted by section 60 of the Act of 2015) for an enforcement order shall be preceded by the issue and service of a notice in the Form 58.43 Schedule C upon each guardian and parent of the child concerned. An enforcement order of the Court shall be in the Form 58.44 Schedule C.

(2) An application under section 18C(1) of the Act (inserted by section 60 of the Act of 2015) for an order varying or terminating an enforcement order or any part of that order shall be preceded by the issue and service of a notice in the Form 58.45 Schedule C upon each of the persons on whom the application for the enforcement order was served. The order of the Court thereon shall be in the Form 58.46 Schedule C.

(3) An application to the Court under section 18D(1) of the Act (inserted by section 60 of the Act of 2015) by a parent or guardian of the child for an order requiring another guardian or parent to reimburse expenses incurred shall be preceded by the issue and service of a notice in the Form 58.47 Schedule C upon the respondent guardian or parent of the child concerned. An enforcement order of the Court shall be in the Form 58.48 Schedule C.

(4) Where complaint is made to a Judge alleging an offence of failure or refusal under

section 5

of the

Courts (No. 2) Act 1986

, to comply with the requirements of a direction given in an order under section 7 of the Act, section 11 of the Act, or section 11B (inserted by the Act of 1997) of the Act, the summons which may be issued and served upon the person against whom the offence is alleged shall be in the Form 58.28 or 58.29 Schedule C, as appropriate. The relevant provisions of Order 15 shall apply in such case.

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 (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 41 at least 14 days or, in the case of proceedings certified as urgent under rule 2(2), 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), 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.

Clerk to supply copies of orders

10. Where the Court makes an order under the Act, the Clerk shall give, or send by ordinary post, a copy of such order to each person in whose favour or against whom the order was made.

Proof of age

11. The age of a child may be proved by producing a certified extract from the Register of Births showing the date of the child’s birth or by such other evidence as the Court considers sufficient.

Court may direct service

12. In any proceedings under the Act the Court may direct the service of notice upon any person not already served.

Effect of appeal from orders

13. Notwithstanding the provisions of Order 25, rule (4) and Order 101 and that an appellant has entered into a recognizance for appeal, an appeal from an order made under this Act shall stay the operation of the order only if, and to such extent and upon such terms (if any), as the Court shall determine.

Report/ascertaining the views of the child

14. (1) An application to the Court by a party to make an order

(i) under section 32(1)(a) or section 32(1)(b) of the Act, or

(ii) under

section 47

of the

Family Law Act 1995

may be included in writing in the summons, or made at the hearing.

(2) The Court may exercise the power of its own motion to make an order

(i) in proceedings to which section 3(1)(a) of the Act applies, under section 32(1)(a) or section 32(1)(b) of the Act, or

(ii) under

section 47

of the

Family Law Act 1995

at any time and from time to time during the proceedings, having heard the parties.

(3) An application to the Court by a party to make an order

(i) under section 12A(4) of the Act (inserted by the Act of 2015), or

(ii) under

section 20

of the

Child Care Act 1991

may be included in writing in the summons, or made at the hearing.

(4) The Court may exercise the power of its own motion to make an order

(i) under section 12A(4) of the Act (inserted by the Act of 2015), or

(ii) under

section 20

of the

Child Care Act 1991

at any time and from time to time during the proceedings, having heard the parties.

(5) Where the Court grants an application for an order mentioned in sub-rule (1) or sub-rule (2), or makes such an order of its own motion, the order requisitioning the report shall be in the Form 58.50, 58.51, 58.52 or 58.53, Schedule C, as appropriate.

(6) Where, under either 12A(4) of the Act or

section 20

of the

Child Care Act 1991

, the Court adjourns proceedings and directs the Child and Family Agency to undertake an investigation of a childs circumstances, if the Child and Family Agency is not a party to those proceedings, the Clerk shall as soon as possible notify the Child and Family Agency (in the Form 84.32 Schedule C, with any necessary modifications) of the Courts decision.

(7) Where, upon so adjourning, the Court gives directions under section 20(2) of the

Child Care Act 1991

as to the care and custody of the child or makes a supervision order in respect of the child pending the outcome of the investigation by the Child and Family Agency—

(a) an order of the Court giving such directions shall be in the Form 84.33 Schedule C,

(b) any such supervision order shall be in the Form 84.34, Schedule C,

and the order shall be served upon each person directly affected thereby.”

Schedule 5

No. 57.3

SCHEDULE C

O.57, r. 6

*FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976, SECTION 9A

(as inserted by Civil Law (Miscellaneous Provisions) Act 2011, section 31)

*CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010, SECTION 52A (as inserted by Children and Family Relationships Act 2015, section 146)

SUMMONS FOR ATTENDANCE OF MAINTENANCE DEBTOR

District Court Area of District No.

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

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

If you fail to attend in the District Court at the place and on the date given below at the time stated, the Judge may treat such failure to attend court as constituting contempt of court and the Judge may deal with the matter accordingly, including by directing that a warrant may be issued, without further warning, for you to be arrested and brought before the District Court.

The maintenance order is made by the District Court. If you the maintenance debtor fail to make a payment due under this order, you may be liable to imprisonment for contempt of court.

15. Where the Clerk receives a copy of an order for maintenance pending suit, of a periodical payments order or of a secured periodical payments order made under the Act from the Registrar of the Court which made that order, and payments under the order are directed to be made to the District Court Clerk (as provided for in section 50, or section 50 as applied by section 134 of the Act), such Clerk shall register particulars of the order and shall proceed in relation thereto as if it were a maintenance order made at a sitting of the District Court for the district court area to which that Clerk is assigned.

Orders to secure payments

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 52 of the Act or, as the case may be, section 175(1)(b) of the Act, 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 with the necessary modifications. The order of the Court granting such application shall be in the Form 54.23 Schedule C with the necessary modifications.

Lump sum orders

17. Where, under the powers conferred by section 51 of the Act or, as the case may be, section 175(1)(c) of the Act, 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 Schedule C with the necessary modifications.

Shared Home Protection

Application under section 34(1) of the Act

18. An application by a civil partner under section 34(1) of the Act for an order prohibiting the other civil partner from disposing of or removing household chattels shall be preceded by the issue and service upon the respondent civil partner of a notice in the Form 60.1 Schedule C, with the necessary modifications. The order of the Court granting the application shall be in the Form 60.2 Schedule C with the necessary modifications, a copy of which shall be served upon the respondent civil partner.

Summons under section 34(3) of the Act

19. Where complaint is made by a civil partner to a Judge under section 34(3) of the Act that the other civil partner has contravened the provisions of section 34(2) of the Act, the summons which may be issued and served upon the other civil partner shall be in the Form 60.5 Schedule C with the necessary modifications. The relevant provisions of Order 15 shall apply in such case.

Application under section 34(4) of the Act

20. An application by a civil partner under section 34(4) of the Act for an order that the respondent civil partner provide household chattels for the applicant civil partner or a sum of money in lieu thereof shall be preceded by the issue and service upon the respondent civil partner of a notice in the Form 60.6 Schedule C with the necessary modifications. The order of the Court granting the application shall be in the Form 60.7 Schedule C with the necessary modifications, a copy of which shall be served upon the respondent civil partner.

Summons under section 39 of the Act

21. Where complaint is made to a Judge under section 39 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 with the necessary modifications. The relevant provisions of Order 15 shall apply in such case.

Joinder of parties

22. The provisions of Order 42A (Third Party Procedure) shall, with necessary modifications, apply to the proceedings mentioned in section 34(5) of the Act.

Declaring a conveyance void

23. (1) An application to the Court under section 28(1) of the Act to have a conveyance declared void shall be in the Form 60.9, Schedule C with the necessary modifications.

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

Lis Pendens

(3) A person who instituted proceedings to have a conveyance declared void by reason of section 28(1) 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

Land and Conveyancing Law Reform Act 2009

.

Order dispensing with consent or giving consent

24. (1) An application for an order under section 29(1), section 29(3) or section 29(4) of the Act to dispense with, or as the case may be, to give, the consent required under section 28 of the Act, of a civil partner to the conveyance of the shared home shall be in the Form 54A.3, Schedule C.

(2) Where it is alleged that the civil partner whose consent is required under section 28 of the Act is incapable of consenting, the original certificate in writing by a consultant psychiatrist, within the meaning of the

Mental Health Act 2001

, shall be annexed to the notice of application lodged with the Clerk. The Court may accept affidavit evidence of the certification, subject to the right of any party contesting the certification to cross-examine.

(3) The order of the Court on such an application shall be in the Form 54A.4, Schedule C.

(4) On granting an application under section 29 of the Act to dispense with or, as the case may be, to give, the consent required under section 28 of the 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 with the necessary modifications.

Protection of Shared Home

25. (1) An application to the Court for an order under section 30(1) of the Act for the protection of the shared home in the interest of the applicant civil partner or a dependant child of the civil partners shall be in the Form 60.16, Schedule C with the necessary modifications.

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

Conduct leading to loss of Shared Home

26. (1) An application to the Court for an order under section 30(2) of the Act to compensate the applicant civil partner or a dependant child of the civil partners for loss of interest in the shared home occasioned by the conduct of the other civil partner shall be in the Form 60.18, Schedule C with the necessary modifications.

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

General

Service and lodgment of documents

27. (1) A notice or summons required by this Order to be served may be served in accordance with the provisions of Order 41 and every such notice shall be served at least 14 days or, in the case of proceedings certified as urgent under rule 2(2), 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.

Stay on certain orders the subject of appeal

28. (1) In accordance with section 133 of the Act, notwithstanding the provisions of Order 25, rule 9(4) and Order 101, and that an appellant has entered into a recognisance of appeal, an appeal from an order under section 45 or 47 of the Act shall, if the Court or the Circuit 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 sub-rule (1), may be made following the service and lodgment of a notice of appeal and lodgment of the recognisance 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 with the necessary modifications 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 with the necessary modifications.”

Schedule 3

“Order 57

Proceedings under

section 8

of the

Enforcement of Court Orders Act 1940

section 9A of the

Family Law (Maintenance of Spouses and Children) Act 1976

section 52A of the

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

Definitions

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

19

th January

, 2016.

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

,

section 34

of the

Courts (Supplemental Provisions) Act 1961

,

section 24

of the

Interpretation Act 2005

, and

section 21

of the

Children and Family Relationships Act 2015

and of all other powers enabling them in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the following rules of court.

Dated this 28th day of September 2015.

Rosemary Horgan Chairperson

Shane McCarthy

Grainne Larkin

Roy Pearson

Noel A Doherty

I concur in the making of the following rules of court.

Dated this 17th day of January 2016.

FRANCES FITZGERALD

Minister for Justice and Equality

S.I. No. 17 of 2016

DISTRICT COURT (CHILDREN AND FAMILY RELATIONSHIPS ACT 2015) RULES 2016