Circuit Court Rules (Family Law) 2018

Publication Date:January 01, 2018
 
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S.I. No.427of2018

Circuit Court Rules (Family Law) 2018

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act 1936, by virtue of the powers conferred on us by section 66 of the Courts of Justice Act 1924 and section 70 of the Courts of Justice Act 1936, (as applied by section 48 of the Courts (Supplemental Provisions) Act 1961), section 27 of the Courts (Supplemental Provisions) Act 1961, and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the annexed Rules of Court.

1. (1) These Rules, which may be cited as the Circuit Court Rules (Family Law) 2018, shall come into operation on the 31st day of October 2018.

(2) The amendment effected in rule 65(4) of Order 59 of the Circuit Court Rules shall apply to proceedings already commenced on the date on which these Rules come into operation.

(3) These Rules shall be construed together with the Circuit Court Rules 2001 to 2018.

(4) The Circuit Court Rules 2001 to 2017 as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2018.

2. The Circuit Court Rules are amended:

(i) by the substitution for Order 59 of the Order set out in Schedule 1, and

(ii) by the substitution for rule 39 of Order 59A of the following rule:

“39.Part III of Order 59 shall apply, with the necessary modifications, to civil partnership law proceedings and to cohabitation proceedings, provided that the references in Order 59, rule 65 to a motion for judgment in default in accordance with Order 59, rule 34, and a motion for an order in agreed terms in accordance with Order 59, rule 35, shall in such proceedings be treated as references respectively to a motion for judgment in default in accordance with Order 59A, rule 10(1), and a motion for judgment in agreed terms in accordance with Order 59A, rule 10(6), and the Forms 37L, 37M, 37N, 37W and 37X modified accordingly shall be used in case progression in civil partnership law proceedings and in cohabitation proceedings.”.

3. The Forms 2N, 37D, 37G, and 37L in Schedule 2 shall be substituted for the forms bearing the like numbers respectively set out in the Schedule to the Circuit Court Rules.

SCHEDULE 1

“ORDER 59

FAMILY LAW

I. Preliminary and General

Definitions: Statutory provisions

1. (1) In this Order-

the “2004 Act” means the Civil Liability and Courts Act 2004 (No. 31 of 2004);

the “Children Act” means the Children Act 1997 (No. 40 of 1997);

the “Domestic Violence Act” means the Domestic Violence Act 1996 (No. 1 of 1996);

the “Divorce Act” means the Family Law (Divorce) Act 1996 (No. 33 of 1996);

the “Family Home Act” means the Family Home Protection Act 1976 (No. 27 of 1976);

the “Family Law Act” means the Family Law Act 1995 (No. 26 of 1995);

the “Gender Recognition Act” means the Gender Recognition Act 2015 (No. 25 of 2015);

the “Guardianship Act” means the Guardianship of Infants Act 1964 (No. 7 of 1964);

the “Hague Convention Act” means the Protection of Children (Hague Convention) Act 2000 (No. 37 of 2000);

the “Hague Child Convention” means the Convention on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children, signed at the Hague on the 19th day of October, 1996;

the “Judicial Separation Act” means the Judicial Separation and Family Law Reform Act 1989 (No. 6 of 1989);

the “Maintenance Act” means the Family Law (Maintenance of Spouses and Children) Act 1976 (No. 11 of 1976);

the “Status of Children Act” means the Status of Children Act 1987 (No. 26 of 1987).

Definitions: other

(2) In this Order-

“case progression” means the preparation of proceedings for trial in accordance with the procedure under Part III of this Order;

“pension relief” means relief under section 12 and/or section 13 of the Family Law Act or section 17 of the Divorce Act;

a “recorder” means a person referred to in section 40(3)(a) of the 2004 Act intending to attend or attending any proceedings to which a relevant enactment relates for the purpose of the preparation and publication of a report of such proceedings in accordance with section 40(3) of the 2004 Act;

a “relevant enactment” has the same meaning as in section 39 of the 2004 Act;

“return date” means the date first fixed for the hearing by the Court of an originating Notice of Motion issued in accordance with this Order.

Venue for proceedings

2. (1) Subject to sub-rules (2) to (8), proceedings under this Order shall be brought in the county where any party to the proceedings ordinarily resides or carries on any profession, business or occupation.

(2) Proceedings for the appointment of a guardian for a child shall be brought in the county where the applicant or the child to whom the application relates ordinarily resides or carries on any profession, business or occupation.

(3) Proceedings for a declaration of parentage under section 35 of the Status of Children Act shall, where no party to the proceedings ordinarily resides or carries on any profession, business or occupation in the State, be brought in the Dublin Circuit.

(4) Proceedings under the Domestic Violence Act shall be brought:

(i) in the county where the place in relation to which the application for a barring order is made is situate, or

(ii) in the county where the applicant ordinarily resides (subject to section 14(2) of the Domestic Violence Act), or

(iii) where the proceedings are begun by the Child and Family Agency pursuant to section 6 of the Domestic Violence Act, in the county where any party on whose behalf the application is made ordinarily resides.

(5) Subject to section 4(2) and section 4(3) of the Hague Convention Act, proceedings before the Court under the Hague Convention Act or under the Hague Child Convention by virtue of the Act shall be brought:

(a) in the case of proceedings to which section 4(1)(c) of the Hague Convention Act applies, in the county in which the child to whom the request relates resides;

(b) in the case of any other proceedings under the Hague Convention Act or under the Hague Child Convention by virtue of the Hague Convention Act, in such county or Circuit as is prescribed by statute or these Rules for proceedings of the kind concerned.

(6) Proceedings on any application under the Gender Recognition Act shall be brought in the county in which the child on whose behalf the application is being brought ordinarily resides.

Requirements for all originating documents

3. (1) Every originating document under this Order shall state the name, description, address and address for service of proceedings of each party to the proceedings and where, relevant, the name and address of any child to whom the proceedings relate.

(2) Where neither any party to the proceedings nor any child to whom the proceedings relates resides in the county, the originating document shall additionally set out the basis on which jurisdiction is claimed.

(3) Every originating document under this Order shall be dated and signed by the solicitor for the applicant or by the applicant, if acting in person. Where the applicant is a child, the originating document shall be signed by the solicitor for the applicant’s next friend, or by the next friend, if acting in person.

(4) In any proceedings which concern the marriage of any person, an original marriage certificate shall be produced.

(5) Order 23, rule 4 (where applicable), 5, 7 and 8 shall apply to a marriage certificate or decree of divorce, separation or annulment which has issued outside the State and which is required to be produced in proceedings before the Court and Order 23, rule 9 shall additionally apply where such certificate or decree is not in one of the official languages of the State.

(6) In any proceedings to which section 3(1) of the Guardianship Act applies, the originating document shall set out any material facts which the applicant alleges ground any of the factors and circumstances mentioned in section 31(1) of the Guardianship Act as relevant to the child or children concerned and his, her or their family and are relevant to determining for the purposes of the Guardianship Act what is in the best interests of to the child or children concerned. Such facts shall be verified on oath, either in any Affidavit of Welfare filed by the applicant, or otherwise on affidavit.

(7) The address to which a respondent should apply in order to receive information in relation to legal aid shall also be included in every originating document.

Commencement of proceedings by Family Law Civil Bill

4. (1) All proceedings for any one or more of the following reliefs shall be commenced by issuing out of the Office for the appropriate county of the appropriate Family Law Civil Bill in accordance with Form 2N of the Schedule of Forms, with such modifications as are appropriate, and which complies with the requirements of this Order which apply to proceedings for such relief:

(i) divorce;

(ii) judicial separation;

(iii) relief after a foreign divorce or separation outside the State, subject to the requirements of rule 14;

(iv) nullity;

(v) a declaration of marital status;

(vi) the determination of property issues between spouses under section 36 of the Family Law Act;

(vii) the determination of property issues between formerly engaged couples under section 44 of the Divorce Act;

(viii) relief under section 15A or section 25 of the Family Law Act, or section 18 of the Divorce Act (provision out of the estate of the other spouse);

(ix) relief under the Guardianship Act, where sought in conjunction with, or ancillary to, other relief mentioned in this rule;

(x) relief under the Children Act;

(xi) relief under the Maintenance Act;

(xii) relief under the Family Home Act;

(xiii) relief under section 35 of the Status of Children Act;

(xiv) relief under the Hague Convention Act or the Hague Child Convention.

(2) Every Family...

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