District Court (Family Law) Rules, 1998.

 
FREE EXCERPT

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:-

1. These Rules may be cited as the District Court (Family Law) Rules, 1998.

2. These Rules shall come into operation on the 15th day of March 1998 and shall be read together with all other District Court Rules for the time being in force.

MAINTENANCE

3. Order 54 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended

(a) by the addition in rule 1 of the following definitions:-

"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)

(b) by the substitution of the following rule for rule 15:

"15. Where the Clerk receives a copy

(i) of an order for maintenance pending suit, of a periodical payments order or of a secured periodical payments order made under the Act of 1995 or of any such order as aforesaid as affected by an order under section 18 of the Act of 1995;

(ii) of an order for maintenance pending suit, of a periodical payments order or a secured periodical payments order made under the Act of 1996 or of any such order as aforesaid as affected by an order under section 22 of the Act of 1996,

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 20 of the Act of 1995 and in section 28 of the Act of 1996), 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."

(c) by the addition of the following rules after rule 15:-

"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 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 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 for 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."

(d) (i) by the insertion of "as amended" after the title of the Act in the heading to Forms 54.1, 54.2, 54.5, 54.6, 54.7, 54.8, 54.10, and 54.12;

(ii) by the substitution in Forms 54.1, 54.2, 54.5, 54.6, 54.7, 54.8, 54.10, and 54.12, Schedule C to the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) provided for in Order 54, of "18" for "sixteen" and "23" for "twenty-one" wherever "sixteen" and "twenty-one" occur in those Forms.

(e) by the addition to Forms 54.5, 54.6, 54.7, 54.8, Schedule C to the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) after the final paragraph in each case, of the following:-

"*AND THE COURT FURTHER ORDERS the maintenance debtor to secure the payments as aforesaid to the maintenance creditor in the following manner:-.........."

and the said Order 54, and the Forms 54.1, 54.2, 54.5, 54.6, 54.7, 54.8, 54.10, and 54.12, as so amended, and the Forms 54.22, 54.23, 54.24, 54.25, 54.26, 54.27, 54.28 and 54.29 appear in Schedule 1 to these Rules.

4. Order 55 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended by the substitution in Forms 55.3, 55.4, 55.12, 55.13, 55.15 and 55.16, Schedule C of "18" for "sixteen" and "23" for "twenty-one" wherever "sixteen" and "twenty-one" occur in those Forms

and the said Forms 55.3, 55.4, 55.12, 55.13, 55.15, and 55.16 as so amended, appear in Schedule 2 to these Rules.

ATTACHMENT

5. Order 56 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended

(a) by the addition in rule 1 of the following definition :-

"the Act of 1995" means the Family Law Act, 1995 (No. 26 of 1995).

(b) by the substitution for rule 3 of the following rule:-

"3. An application for an attachment of earnings order under section 10 of the Act shall be preceded by the issue and service upon the maintenance debtor of a summons in the Form 56.1 or 56.2 Schedule C as the case may be. Where the Court grants the application or, where the Court, having made an antecedent order, makes, in accordance with subsection (1A) (a) of the Act, as inserted by the Act of 1995, an attachment of earnings order in the same proceedings in order to secure payments under the antecedent order, the order of the Court shall be in accordance with the Form 56.3 or 56.4 Schedule C, as the case may be."

(c) by the substitution of Forms 56.1, 56.2, 56.3, and 56.4 in the Schedule 3 to these Rules for the forms at the same reference numbers in Schedule C to the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

and the said Order 56 as so amended, and the Forms 56.1, 56.2, 56.3, and 56.4 appear in Schedule 3 to these Rules.

6. Order 58 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended by the substitution in Forms 58.7 and 58.17, Schedule C of "18" for "sixteen" and "23" for "twenty-one" wherever "sixteen" and "twenty-one" occur in those Forms.

and the said Forms 58.7 and 58.17 as so amended, appear in Schedule 4 to these Rules.

PROTECTION OF THE FAMILY HOME

7. Order 60 of the District Court Rules, 1997 ( S.I. No. 93 of 1977 ) is hereby amended

(a) by the addition after rule 10 of the following rules:-

"Declaring a conveyance void

11. (1) An application to the Court under section 3 of the Act of 1976 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.

(3) A person who institutes 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 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."

and the said Order 60, as so amended, and the Forms 60.9, 60.10, 60.11...

To continue reading

REQUEST YOUR TRIAL