District Court (Children and Family Relationships Act 2015) Rules 2016.

• Jurisdiction: Ireland
• Year: 2016
• Citation: IR SI 17/2016

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th 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

1. (1) These Rules, which shall come into operation on the 18th day of January 2016, may be cited as the District Court (Children and Family Relationships Act 2015) Rules 2016.

(2) These Rules shall be construed together with the District Court Rules 1997 ( S.I. No. 93 of 1997 ) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2016.

2. The District Court Rules 1997 ( S.I. No. 93 of 1997 ) are amended:

(i) by the substitution for Order 54 of the Order set out in Schedule 1;

(ii) by the substitution for Order 54A of the Order set out in Schedule 2;

(iii) by the substitution for Order 57 of the Order set out in Schedule 3;

(iv) by the substitution for Order 58 of the Order set out in Schedule 4, and

(v) by the substitution in rule 1 of Order 98 for the definition therein of “competent authority” of the following definition—

“ “competent authority”, in relation to one parent family payment, supplementary welfare allowance, deserted wifes benefit and deserted wifes allowance, means the Minister for Social Protection.”.

3. (1) The forms in Schedule 5 shall be substituted for the forms bearing the like numbers respectively in Schedule C to the District Court Rules 1997 ( S.I. No. 93 of 1997 ).

(2) The forms numbered 58.5, 58.15 and 58.16 shall be deleted from the forms in Schedule C to the District Court Rules 1997 ( S.I. No. 93 of 1997 ).

(3) The forms in Schedule 6 shall be added to Schedule C to the District Court Rules 1997 ( S.I. No. 93 of 1997 ) in the appropriate sequence.

Schedule 1

“Order 54

Maintenance of spouses and children

Definitions.

1. In this Order—

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

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

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

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

“Act of 2015” means the Children and Family Relationships Act 2015 (No. 9 of 2015);

“competent authority” has the meaning assigned to it in Order 98.

Venue.

2. (1) Subject to the provisions of Order 41B, proceedings under the Act may be brought, heard or determined at any sitting of the Court for the court area where either party to the proceedings ordinarily resides or carries on any profession, business or occupation.

(2) Where however the Clerk, having consulted the Judge for the time being assigned to the district within which such area is situate, certifies on a summons or a notice of application that the proceedings are urgent, the summons or notice may be issued for, and the proceedings may be heard and determined at, any sitting of the Court in that district.

Hearing to be otherwise than in public.

3. Proceedings under the Act 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) and such other persons as the Judge in his or her discretion shall allow, shall be permitted to be present at the hearing.

Applications for maintenance orders.

4. (1) An application for a maintenance order under section 5(1)(a) or 5(1)(b) of the Act shall be preceded by the issue and service upon the respondent of a summons in the Form 54.1 or 54.2 Schedule C, as appropriate.

(2) An application for a maintenance order under section 5A(1) or 5A(2) of the Act (inserted by section 18 of the Act of 1987) shall be preceded by the issue and service upon the respondent of a summons in the Form 54.3 or 54.4 Schedule C, as appropriate.

(3) The order of the Court granting such application shall be in the Form 54.5, 54.6, 54.7 or 54.8 Schedule C, as appropriate.

(4) An application for a maintenance order under section 5B(2) of the Act (inserted by section 73 of the Act of 2015) shall be preceded by the issue and service upon the respondent of a summons in the Form 54.30, Schedule C. The order of the Court granting such application shall be in the Form 54.31, Schedule C.

(5) An application for a maintenance order under section 5C(2) of the Act (inserted by section 73 of the Act of 2015) shall be preceded by the issue and service upon the respondent of a summons in the Form 54.32, Schedule C. The order of the Court granting such application shall be in the Form 54.33, Schedule C.

Application to discharge maintenance.

5. An application by a maintenance debtor for the discharge of a maintenance order under section 6(1)(a) of the Act or for the discharge of part of such order under section 6(3) of the Act shall be preceded by the issue and service upon the maintenance creditor of a summons in the Form 54.9 Schedule C. The order of the Court granting the application shall be in the Form 54.10 Schedule C.

Application to discharge or vary order.

6. An application by either party to the proceedings under section 6(1)(b) of the Act to discharge or vary a maintenance order made by the District Court shall be preceded by the issue and service upon the other party of a summons in the Form 54.11 Schedule C. The order of the Court granting the application shall be in the Form 54.12 Schedule C.

Interim order.

7. An interim order made by the Court under section 7 of the Act shall be in the Form 54.13 Schedule C.

Application for lump sum order for birth/funeral expenses.

8. An application by a spouse or parent under section 21A(1) of the Act (inserted by section 21 of the Act of 1987) for a lump sum order in respect of the expenses incidental to the birth or funeral of a dependent child shall be preceded by the issue and service upon the other spouse or parent, as the case may be, of a summons in the Form 54.14 Schedule C. The order of the Court granting the application shall be in the Form 54.15 Schedule C.

Clerk to send copy of order.

9. (1) Where the Court makes a maintenance order, an order varying, discharging or discharging part of such order, an interim order or a lump sum order in respect of the birth or funeral expenses of a dependent child, the Clerk shall give to, or send by registered prepaid post to the maintenance debtor or to the respondent party (as the case may be) a copy of the order so made.

(2) A copy of an order mentioned in sub-rule (1) given or sent to a maintenance debtor shall have endorsed on it, or be accompanied by a notice containing the following statement:

“This 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.

In certain limited circumstances (including a material change of circumstances since the order was made or last varied), the District Court can vary the terms of this order. If you believe that such circumstances arise and are concerned that you may not be able to comply with the terms of this order and would like to apply for a variation, you should consult a solicitor or contact the District Court Clerk at................”.

Application for direction that payments be made to Clerk.

10. An application under section 9(1)(b) of the Act for a direction that payments under a maintenance order, a variation order or an interim order be made to the Clerk shall be made ex parte. Notice of such application in the Form 54.16 Schedule C, signed by the maintenance creditor or by his or her solicitor, shall be lodged with the Clerk at least 48 hours prior to the date of the intended application. The order of the Court granting the application shall be in the Form 54.17 Schedule C.

Payments to the Clerk.

11. (1) Where the Court directs that payments under a maintenance order, a variation order or an interim order shall be made to the Clerk, such Clerk shall send a notice in the Form 54.18 Schedule C by prepaid ordinary post to the maintenance debtor indicating the place at which and the days and hours during which payments under the order should be made.

(2) The Clerk shall give a receipt to the maintenance debtor for each payment made by him or her and shall transmit such payment to the maintenance creditor or, if authorised in writing by the maintenance creditor so to do, the Clerk may transmit the payment to the competent authority.

Application to discharge direction.

12. An application under section 9(3) of the Act by a maintenance debtor to have a direction under section 9(1) of the Act discharged shall be preceded by the issue and service upon the maintenance creditor of a summons in the Form 54.19 Schedule C. The order of the Court granting the application shall be in the Form 54.20 Schedule C.

Recovery of arrears by Clerk.

13. (1) Where payments to the Clerk under a maintenance order, a variation order or an interim order are in arrears, and such Clerk receives a request in writing in the Form 54.21 Schedule C from the maintenance...