S.I. No. 42/1998 -- District Court (Family Law) Rules, 1998.
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S.I. No. 42/1998: DISTRICT COURT (FAMILY LAW) RULES, 1998. |
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DISTRICT COURT (FAMILY LAW) RULES, 1998. |
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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:- |
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1. These Rules may be cited as the District Court (Family Law) Rules, 1998. |
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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. |
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MAINTENANCE |
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3. Order 54 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended |
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(a) by the addition in rule 1 of the following definitions:- |
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"the Act of 1995 " means the Family Law Act, 1995 (No. 26 of 1995). |
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"the Act of 1996" means the Family Law (Divorce) Act, 1996 (No. 33 of 1996) |
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(b) by the substitution of the following rule for rule 15: |
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"15. Where the Clerk receives a copy |
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(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; |
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(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, |
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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." |
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(c) by the addition of the following rules after rule 15:- |
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"Orders to secure payments |
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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. |
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Lump Sum orders |
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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. |
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Stay on certain orders the subject appeal |
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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 |
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(i) section 11 (2) (b) of the Guardianship of Infants Act, 1964 , (No. 7 of 1964), |
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(ii) section 5 , 5A or 7 of the Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976) |
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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. |
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(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." |
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(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; |
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(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. |
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(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:- |
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"*AND THE COURT FURTHER ORDERS the maintenance debtor to secure the payments as aforesaid to the maintenance creditor in the following manner:-.........." |
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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. |
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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 |
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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. |
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ATTACHMENT |
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5. Order 56 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended |
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(a) by the addition in rule 1 of the following definition :- |
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"the Act of 1995" means the Family Law Act, 1995 (No. 26 of 1995). |
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(b) by the substitution for rule 3 of the following rule:- |
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"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." |
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(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 ). |
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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. |
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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. |
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and the said Forms 58.7 and 58.17 as so amended, appear in Schedule 4 to these Rules. |
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PROTECTION OF THE FAMILY HOME |
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7. Order 60 of the District Court Rules, 1997 ( S.I. No. 93 of 1977 ) is hereby amended |
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(a) by the addition after rule 10 of the following rules:- |
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"Declaring a conveyance void |
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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. |
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(2) The order of the Court thereon shall be in the Form 60.10, Schedule C. |
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(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. |
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Dispensing with consent |
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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. |
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(2) The order of the Court thereon shall be in the Form 60.12, Schedule C. |
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(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. |
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Consent by the Court |
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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. |
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(2) The order of the Court thereon shall be in the Form 60.15, Schedule C. |
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Protection of Family Home |
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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. |
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(2) The order of the Court thereon shall be in the Form 60.17, Schedule C. |
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Conduct leading to loss of Family Home |
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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. |
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(2) The order of the Court thereon shall be in the Form 60.19, Schedule C." |
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and the said Order 60, as so amended, and the Forms 60.9, 60.10, 60.11, 60.12, 60.13, 60.14, 60.15, 60.16, 60.17, 60.18, and 60.19 thereunder appear in Schedule 5 to these Rules. |
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SCHEDULE 1 |
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O.54, r.1 |
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ORDER 54 |
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MAINTENANCE OF SPOUSES AND CHILDREN |
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Definitions |
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1. In this Order- |
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"the Act" means the Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976); |
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"the Act of 1987" means the Status of Children Act, 1987 (No. 26 of 1987); |
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"competent authority" has the meaning assigned to it in Order 98 of these Rules; |
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"the Act of 1995" means the Family Law Act, 1995 (No. 26 of 1995); |
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"the Act of 1996" means the Family Law (Divorce) Act, 1996 (No. 33 of 1996). |
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Venue |
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2 (1) Subject to the provisions of Order 62 of these Rules, proceedings under 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. |
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(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. |
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Hearings to be otherwise than in public |
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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 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. |
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Applications for maintenance orders |
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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. |
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(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. |
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(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. |
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Application to discharge maintenance order |
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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. |
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O.54,r.6 |
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Application to discharge or vary order |
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6. An application by either party to the proceedings to discharge or vary a maintenance order under section 6(1)(b) of the Act 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. |
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Interim order |
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7. An interim order made by the Court under section 7 of the Act shall be in the Form 54.13 Schedule C. |
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Application for lump sum order for birth/funeral expenses |
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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. |
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Clerk to send copy of order |
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9. 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 prepaid ordinary post to the maintenance debtor or the respondent party (as the case may be) a copy of the order so made. |
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Application for direction that payments be made to Clerk |
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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 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. |
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Payments to the Clerk |
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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. |
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(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. |
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Application to discharge direction |
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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. |
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Recovery of arrears by Clerk |
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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 creditor to take such steps as he or she considers reasonable to recover such arrears, such Clerk may make application under section 10 of the Act for an attachment of earnings order or under section 8 of the Enforcement of Court Orders Act, 1940 (in accordance with the provisions of Order 56 or 57, as the case may be of these Rules) |
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(2) Where payments referred to in paragraph (1) hereof are in arrears and the Clerk has received no request to recover the arrears, such Clerk may in his or her discretion, having considered the extent of the arrears and any other relevant matter, notify the maintenance creditor of the means of enforcement available in respect of the order. |
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Service of summonses |
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14. (1) A summons required by this Order to be served may be served upon the person to whom it is directed in accordance with the provisions of Order 10 of these Rules at least fourteen days before the date of the sitting of the Court to which the summons is returnable. |
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(2) Save where service has been effected by the Clerk, the original of every such summons served, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the said date of hearing. |
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Rules to apply to orders for maintenance pending suit etc. |
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15. Where the Clerk receives a copy |
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(a) 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; |
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(b) 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, |
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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. |
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Orders to secure payments |
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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. |
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Lump Sum Orders |
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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. |
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Stay on certain orders the subject of appeal |
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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 |
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(i) section 11 (2) (b) of the Guardianship of Infants Act, 1964 , (No. 7 of 1964), |
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(ii) section 5 , 5A or 7 of the Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976) |
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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. |
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(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." |
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Schedule C |
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O.54, r.4(1) |
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No. 54.1 |
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section 5(1)(a) as amended |
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MAINTENANCE SUMMONS |
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District Court Area of District No. |
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............................................................ ............................ Applicant |
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............................................................ ............................ Respondent |
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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 |
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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, |
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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, |
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......................................... born on ............................., |
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......................................... born on ............................., |
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under the age of 18 years, |
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*(...................................... born on.............................., |
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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), |
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*(...................................... born on.............................., |
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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), |
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*Delete words inapplicable |
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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. |
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Dated this day of 19 . |
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Signed........................................ |
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Judge of the District Court (or) |
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Peace Commissioner (or) |
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District Court Clerk |
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To |
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of |
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the above-named respondent |
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Schedule C |
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O.54, r.4(1) |
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No. 54.2 |
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section 5(1)(b) as amended |
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MAINTENANCE SUMMONS |
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District Court Area of District No. |
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......................................................... Applicant |
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......................................................... Respondent |
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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 |
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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), |
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HAVE FAILED TO PROVIDE SUCH MAINTENANCE as is proper in the circumstances for the dependent child(ren) of the family, namely, |
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......................................... born on ............................., |
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......................................... born on ............................., |
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under the age of 18 years, |
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*(...................................... born on ............................., |
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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), |
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*(...................................... born on ............................., |
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*Delete words inapplicable |
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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), |
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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. |
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Dated this day of 19 . |
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Signed........................................ |
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Judge of the District Court (or) |
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Peace Commissioner (or) |
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District Court Clerk |
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To |
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of |
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the above-named respondent |
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Schedule C |
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O.54, r.4(3) |
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No. 54.5 |
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section 5(1)(a) as amended |
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MAINTENANCE ORDER |
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District Court Area of District No. |
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....................................................... Maintenance Creditor |
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....................................................... Maintenance Debtor |
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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), |
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AND THE COURT BEING SATISFIED that the summons herein, dated the day of 19 , was duly served upon the maintenance debtor, |
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AND HAVING HEARD the evidence tendered by or on behalf of the maintenance creditor*(and the maintenance debtor), |
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*Delete words inapplicable |
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THE COURT HEREBY ORDERS |
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1. that the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of the maintenance creditor, |
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2. that the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of each dependent child named hereunder until such child shall attain the age of 18 years and thereafter if, when the child has attained that age, he or she |
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(i) is or will be receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of 23 years, or until such education or instruction has been completed, whichever is the sooner, or |
||||||
|
(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully, |
||||||
|
..................................... born on ..................................... |
||||||
|
..................................... born on ..................................... |
||||||
|
..................................... born on ..................................... |
||||||
|
making in all the total weekly sum of £ , |
||||||
|
3. that the first of such payments be made on the day of 19 , |
||||||
|
*(4. that the maintenance debtor pay to the maintenance creditor the sum of £ being the costs and expenses incurred in obtaining this order), |
||||||
|
*(AND THE COURT DIRECTS pursuant to section 9(1)(a) of the above Act that the payments aforesaid be made to the District Court Clerk at...............................) |
||||||
|
*(AND the maintenance creditor requesting the Court not to do so, and the Court considering that it would not be proper to do so, THE COURT MAKES NO DIRECTION pursuant to section 9(1)(a) of the above Act). |
||||||
|
*(AND THE COURT FURTHER ORDERS the maintenance debtor to secure the payments as aforesaid to the maintenance creditor in the following manner:-- |
||||||
|
*Delete words inapplicable |
||||||
|
). |
||||||
|
Dated this day of 19 , |
||||||
|
Signed ............................... |
||||||
|
Judge of the District Court |
||||||
|
Schedule C |
||||||
|
O.54,r.4(3) |
||||||
|
No. 54.6 |
||||||
|
section 5(1)(b) 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 ........................ *(now deceased) *(who has deserted him/her) *(who has been deserted by him/her) *(living separately and apart from him/her), has failed to provide such maintenance as is proper in the circumstances for 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 |
||||||
|
1. that the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of each dependent child named hereunder 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 receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of 23 years, or until such education or instruction has been completed, whichever is the sooner, or |
||||||
|
(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully, |
||||||
|
............................................... born on .......................................... |
||||||
|
............................................... born on .......................................... |
||||||
|
............................................... born on .......................................... |
||||||
|
making in all the total weekly sum of £ , |
||||||
|
2. that the first of such payments be made on the day of 19 . |
||||||
|
*(3. that the maintenance debtor pay to the maintenance creditor the sum of £ being the costs and expenses incurred in obtaining this order), |
||||||
|
*(AND THE COURT DIRECTS pursuant to section 9(1)(a) of the above Act that the payments aforesaid be made to the District Court Clerk at...............................) |
||||||
|
*(AND the maintenance creditor requesting the Court not to do so, and the Court considering that it would not be proper to do so, THE COURT MAKES NO DIRECTION pursuant to section 9(1)(a) of the above Act). |
||||||
|
*(AND THE COURT FURTHER ORDERS the maintenance debtor to secure the payments as aforesaid to the maintenance creditor in the following manner:-- |
||||||
|
). |
||||||
|
*Delete words inapplicable |
||||||
|
Dated this day of 19 , |
||||||
|
Signed................................................ |
||||||
|
Judge of the District Court |
||||||
|
Schedule C |
||||||
|
O.54, r.4(3) |
||||||
|
No. 54.7 |
||||||
|
section 5A(1) 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), being a parent of |
||||||
|
.......................................... born on ......................................., |
||||||
|
.......................................... born on ......................................., |
||||||
|
(a) dependent child(ren) whose parents are not married to each other, 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 other parent of the said dependent child(ren), has failed to provide such maintenance for the child(ren) as is proper in the circumstances, |
||||||
|
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 ast;(and the maintenance debtor), |
||||||
|
*Delete words inapplicable |
||||||
|
THE COURT HEREBY ORDERS |
||||||
|
1. that the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of each dependent child named hereunder 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 receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of 23 years, or until such education or instruction has been completed, whichever is the sooner, or |
||||||
|
(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully, |
||||||
|
....................................... born on ....................................., |
||||||
|
....................................... born on ....................................., |
||||||
|
....................................... born on .....................................), |
||||||
|
making in all the total weekly sum of £ , |
||||||
|
2. that the first of such payments be made on the day of 19 , |
||||||
|
*(3. that the maintenance debtor pay to the maintenance creditor the sum of £ being the costs and expenses incurred in obtaining this order), |
||||||
|
*(AND THE COURT DIRECTS pursuant to section 9(1)(a) of the above Act that the payments aforesaid be made to the District Court Clerk at..............................) |
||||||
|
*(AND the maintenance creditor requesting the Court not to do so, and the Court considering that it would not be proper to do so, THE COURT MAKES NO DIRECTION pursuant to section 9(1)(a) of the above Act). |
||||||
|
*(AND THE COURT FURTHER ORDERS the maintenance debtor to secure the payments as aforesaid to the maintenance creditor in the following manner:-- |
||||||
|
). |
||||||
|
*Delete words inapplicable |
||||||
|
Dated this day of 19 , |
||||||
|
Signed ...................................... |
||||||
|
Judge of the District Court |
||||||
|
SCHEDULE C |
||||||
|
O.54,r.4(3) |
||||||
|
No. 54.8 |
||||||
|
section 5A(2) 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), a person other than a parent (within the meaning of section 5A(2) of the above Act), |
||||||
|
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 a parent of |
||||||
|
...................................... born on ........................................, |
||||||
|
...................................... born on ........................................, |
||||||
|
(a) dependent child(ren) whose parents are not married to each other (and not being a child/children who is/are being fully maintained by the other parent), has failed to provide such maintenance for the child(ren) as is proper in the circumstances. |
||||||
|
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 |
||||||
|
1. that the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of each dependent child named hereunder 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 receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of 23 years, or until such education or instruction has been completed, whichever is the sooner, or |
||||||
|
(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully, |
||||||
|
....................................... born on ......................................., |
||||||
|
....................................... born on ......................................., |
||||||
|
....................................... born on ......................................., |
||||||
|
2. that the first of such payments be made on the day of 19 , |
||||||
|
*(3. that the maintenance debtor pay to the maintenance creditor the sum of £ being the costs and expenses incurred in obtaining this order), |
||||||
|
*(AND THE COURT DIRECTS pursuant to section 9(1)(a) of the above Act that the payments aforesaid be made to the District Court Clerk at...............................) |
||||||
|
*(AND the maintenance creditor requesting the Court not to do so, and the Court considering that it would not be proper to do so, THE COURT MAKES NO DIRECTION pursuant to section 9(1)(a) of the above Act). |
||||||
|
*(AND THE COURT FURTHER ORDERS the maintenance debtor to secure the payments as aforesaid to the maintenance creditor in the following manner:-- |
||||||
|
). |
||||||
|
*Delete words inapplicable |
||||||
|
Dated this day of 19 , |
||||||
|
Signed.................................. |
||||||
|
Judge of the District Court |
||||||
|
SCHEDULE C |
||||||
|
O.54, r.5 |
||||||
|
No. 54.10 |
||||||
|
FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN).ACT, 1976 |
||||||
|
*section 6(1)(a) as amended |
||||||
|
*section 6(3) as amended |
||||||
|
ORDER DISCHARGING MAINTENANCE ORDER OR PART THEREOF |
||||||
|
District Court Area of District No. |
||||||
|
............................................................ .................. Maintenance Creditor |
||||||
|
............................................................ .................. Maintenance Debtor |
||||||
|
WHEREAS by maintenance order dated day of 19 , made at the sitting of the ............... Court at .............................................. the above named maintenance debtor *(residing) *(carrying on profession, business or occupation) at ............................................................ ........... *(in court area and district aforesaid) was ordered to pay to the above named maintenance creditor of ...................................................... *(the weekly sum of £ for her/his support) *(and) *(the weekly sum of £ for the support of each dependent child named hereunder 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 receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of 23 years, or until such education or instruction has been completed, whichever is the sooner, or |
||||||
|
(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully, |
||||||
|
..................................... born on ..................................... |
||||||
|
..................................... born on ..................................... |
||||||
|
..................................... born on ..................................... |
||||||
|
*[AND WHEREAS an application was made to the Court by the maintenance debtor on the day of 19 , (being after a period of one year from the making of the said maintenance order) for the discharge of such order] |
||||||
|
*(AND WHEREAS an application was made to the Court by the maintenance debtor on the day of 19 for the discharge of such order in so far as such order provides for the weekly payment of £ for the support of .................................................... born on ........................... and who has ceased to be a dependent child for the purposes of that order) |
||||||
|
AND WHEREAS the Court is satisfied that the summons herein dated day of 19 , was duly served upon the maintenance creditor |
||||||
|
AND having heard the evidence tendered by or on behalf of the maintenance debtor *(and the maintenance creditor) |
||||||
|
*(AND WHEREAS it appears to the Court, having regard to the maintenance debtor's record of payments pursuant to the said order and to the other circumstances of the case, that the persons for whose support the said maintenance order provides will not be prejudiced by the discharge thereof) |
||||||
|
*(AND WHEREAS the Court is further satisfied that the said child has ceased to be a dependent child for the purposes of that order) |
||||||
|
THE COURT HEREBY ORDERS that the said maintenance order be |
||||||
|
*(DISCHARGED) |
||||||
|
*(DISCHARGED in so far as such order provides for the weekly payment of £ for the support of ................................................ born on ............................). |
||||||
|
*Delete words inapplicable |
||||||
|
Dated this day of 19 . |
||||||
|
Signed ............................................. |
||||||
|
Judge of the District Court |
||||||
|
SCHEDULE C |
||||||
|
O.54, r.6 |
||||||
|
No. 54.12 |
||||||
|
section 6 (1) (b) as amended |
||||||
|
ORDER *DISCHARGING MAINTENANCE ORDER |
||||||
|
*VARYING |
||||||
|
District Court Area of District No. |
||||||
|
............................................................ ....... Maintenance Creditor |
||||||
|
............................................................ ....... Maintenance Debtor |
||||||
|
WHEREAS by maintenance order dated day of 19 , made at the sitting of the ................... Court at ................... the above named maintenance debtor *(residing) *(carrying on profession, business or occupation) at ....................*(in court area and district aforesaid) 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 each dependent child named hereunder 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 receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of 23 years, or until such education or instruction has been completed, whichever is the sooner, or |
||||||
|
(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully, |
||||||
|
....................... born on .................. |
||||||
|
....................... born on .................. |
||||||
|
....................... born on ..................) |
||||||
|
AND WHEREAS an application was made to the Court on the day of 19 , by the said *maintenance creditor *maintenance debtor for the *discharge *variation of the said maintenance order, |
||||||
|
AND WHEREAS the Court is satisfied that the summons herein dated day of 19 , was duly served upon the *maintenance creditor *maintenance debtor |
||||||
|
AND having heard the evidence tendered by or on behalf of the maintenance creditor *(and the maintenance debtor) |
||||||
|
THE COURT HEREBY ORDERS- |
||||||
|
That the said maintenance order dated day of 19 be*discharged *varied as follows- |
||||||
|
1. That the maintenance debtor pay to the maintenance creditor for her/his support the weekly sum of £ |
||||||
|
2. That the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of each dependent child named hereunder 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 receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of 23 years, or until such education or instruction has been completed, whichever is the sooner, or |
||||||
|
(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully, |
||||||
|
................... born on ................... |
||||||
|
................... born on ................... |
||||||
|
................... born on ................... |
||||||
|
making in all the total weekly sum of £, |
||||||
|
3. That the first of such payments be made on the day of 19 , |
||||||
|
*(4. That the maintenance debtor pay to the maintenance creditor the sum of £ being the costs and expenses incurred in obtaining this order), |
||||||
|
*(AND THE COURT DIRECTS pursuant to section 9 (1) (a) of the above Act that the payments aforesaid be made to the District Court Clerk at ..................................). |
||||||
|
*(AND the maintenance creditor requesting the Court not to do so and the Court considering that it would not be proper to do so MAKES NO DIRECTION pursuant to section 9 (1) (a) of the above Act). |
||||||
|
*Delete words inapplicable |
||||||
|
Dated this day of 19 . |
||||||
|
Signed ..................................... |
||||||
|
Judge of the District Court |
||||||
|
Schedule C |
||||||
|
O.54 r.16 |
||||||
|
No. 54.22 |
||||||
|
section 41 |
||||||
|
APPLICATION TO SECURE MAINTENANCE PAYMENTS |
||||||
|
||||||
|
In the matter of |
||||||
|
............................................................ ............... Maintenance Creditor |
||||||
|
............................................................ ................ Maintenance Debtor |
||||||
|
And in the matter of an application by ............................................. Applicant |
||||||
|
WHEREAS by order of the Court dated the .....day of.................19....., the above-named maintenance debtor, *(residing) *(carrying on profession, business or occupation) at..................... *(in the court *area and district aforesaid) was ordered to pay to the above-named maintenance creditor, *(residing) *(carrying on profession, business or occupation) at ................ *(in the court *area and district aforesaid) the sums set out therein, |
||||||
|
TAKE NOTICE that application will be made by the applicant above-named who is *the maintenance creditor *a person having an interest in the proceedings to the sitting of the District Court on the .........day of..................19...., for an order securing the payments as aforesaid to the maintenance creditor to the satisfaction of the Court. |
||||||
|
Dated this ......... day of ................ 19.... |
||||||
|
...................................... |
||||||
|
Judge of the District Court |
||||||
|
*Delete words inapplicable |
||||||
|
Schedule C |
||||||
|
O.54 r.16 |
||||||
|
No. 54.23 |
||||||
|
section 41 |
||||||
|
ORDER TO SECURE MAINTENANCE PAYMENTS |
||||||
|
||||||
|
In the matter of ............................................................ .... Maintenance Creditor |
||||||
|
............................................................ ................ Maintenance Debtor |
||||||
|
And in the matter of an application by ........................................... Applicant |
||||||
|
WHEREAS by order of the Court dated the ......day of ..................19......, the above-named maintenance debtor, *(residing) *(carrying on profession, business or occupation) at ....................*(in court *area and district aforesaid) was ordered to pay to the above-named maintenance creditor, *(residing) *(carrying on profession, business or occupation) at ....................*(in court *area and district aforesaid) the sums set out therein, |
||||||
|
UPON THE HEARING OF AN APPLICATION on this date by the above-named applicant who is *the maintenance creditor *a person having an interest in the proceedings |
||||||
|
AND THE COURT BEING SATISFIED that the notice herein, dated the .......day of .............................. 19...., was duly served upon the maintenance debtor, |
||||||
|
THE COURT HEREBY ORDERS pursuant to the provisions of section 41 of the Family Law Act, 1995 that the above-named maintenance debtor secure the payments under the order as aforesaid to the above-named maintenance creditor in the following manner:- |
||||||
|
Dated this ....... day of ................... 19.... |
||||||
|
.................................... |
||||||
|
Judge of the District Court |
||||||
|
*Delete words inapplicable |
||||||
|
Schedule C |
||||||
|
O.54 r.17 |
||||||
|
No. 54.24 |
||||||
|
section 5 (1) (a) |
||||||
|
section 42 |
||||||
|
LUMP SUM MAINTENANCE ORDER |
||||||
|
||||||
|
............................................................ ...................... Maintenance Creditor |
||||||
|
............................................................ ...................... Maintenance Debtor |
||||||
|
UPON HEARING AN APPLICATION made to this Court on this date by the above-named maintenance creditor, *(residing) *(carrying on profession, business or occupation) at ....................*(in the 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 the 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), |
||||||
|
AND IT APPEARING TO THE COURT that an order providing for periodical payments referred to in paragraph (a) or (b) of section 41 of the Family Law Act, 1995 falls to be made |
||||||
|
THE COURT HEREBY ORDERS pursuant to the provisions of section 42 of the Family Law Act, 1995 , that the above-named maintenance debtor pay to the above-named maintenance creditor *(a) lump sum payment(s) of £.......... to be paid in the following manner:- |
||||||
|
AND this order is made *in addition to *instead of an order providing for periodical payments. |
||||||
|
Dated this ......... day of .................. 19.... |
||||||
|
........................................ |
||||||
|
Judge of the District Court |
||||||
|
*Delete words inapplicable |
||||||
|
Schedule C |
||||||
|
O.54 r.17 |
||||||
|
No. 54.25 |
||||||
|
section 5 (1) (b) |
||||||
|
SECTION 42 |
||||||
|
LUMP SUM MAINTENANCE ORDER |
||||||
|
||||||
|
............................................................ ...................... Maintenance Creditor |
||||||
|
............................................................ ...................... Maintenance Debtor |
||||||
|
UPON HEARING AN APPLICATION made to this Court on this date by the above-named maintenance creditor, *(residing) *(carrying on profession, business or occupation) at ...................*(in the 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 the court *area and district aforesaid) being the spouse of.................................... *(now deceased) *(who has deserted him/her) *(who has been deserted by him/her) *(living separately and apart from him/her), 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), |
||||||
|
AND IT APPEARING TO THE COURT that an order providing for periodical payments referred to in paragraph (a) or (b) of section 41 of the Family Law Act, 1995 falls to be made |
||||||
|
THE COURT HEREBY ORDERS pursuant to the provisions of section 42 of the Family Law Act, 1995 , that the above-named maintenance debtor pay to the above-named maintenance creditor *(a) lump sum payment(s) of £......... to be paid in the following manner:- |
||||||
|
AND this order is made *in addition to *instead of an order providing for periodical payments. |
||||||
|
Dated this .......... day of ................... 19.... |
||||||
|
..................................... |
||||||
|
Judge of the District Court |
||||||
|
*Delete words inapplicable |
||||||
|
Schedule C |
||||||
|
O.54 r.17 |
||||||
|
No. 54.26 |
||||||
|
section 5A(1) |
||||||
|
section 42 |
||||||
|
LUMP SUM MAINTENANCE ORDER |
||||||
|
||||||
|
............................................................ ...................... Maintenance Creditor |
||||||
|
............................................................ ...................... Maintenance Debtor |
||||||
|
UPON HEARING AN APPLICATION made to this Court on this date by the above-named maintenance creditor, *(residing) *(carrying on profession, business or occupation) at ...................*(in the court *area and district aforesaid) being a parent of ......... born on ........., ...................... born on ..................., (a) dependent child(ren) whose parents are not married to each other, 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 the court *area and district aforesaid) being the other parent of the said dependent child(ren) has failed to provide such maintenance for the child(ren) as is proper in the circumstances, |
||||||
|
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), |
||||||
|
AND IT APPEARING TO THE COURT that an order providing for periodical payments referred to in paragraph (a) or (b) of section 41 of the Family Law Act, 1995 falls to be made |
||||||
|
THE COURT HEREBY ORDERS pursuant to the provisions of section 42 of the Family Law Act, 1995 , that the above-named maintenance debtor pay to the above-named maintenance creditor*(a) lump sum payment(s) of £......... to be paid in the following manner:- |
||||||
|
AND this order is made *in addition to *instead of an order providing for periodical payments. |
||||||
|
Dated this .......... day of ................... 19.... |
||||||
|
.................................... |
||||||
|
Judge of the District Court |
||||||
|
*Delete words inapplicable |
||||||
|
Schedule C |
||||||
|
O.54 r.17 |
||||||
|
No. 54.27 |
||||||
|
section 5A(2) |
||||||
|
section 42 |
||||||
|
LUMP SUM MAINTENANCE ORDER |
||||||
|
||||||
|
............................................................ ...................... Maintenance Creditor |
||||||
|
............................................................ ...................... Maintenance Debtor |
||||||
|
UPON HEARING AN APPLICATION made to this Court on this date by the above-named maintenance creditor, *(residing) *(carrying on profession, business or occupation) at ...................*(in the court *area and district aforesaid) a person other than a parent (within the meaning of section 5A (2) of the above Act, 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 the court *area and district aforesaid) being a parent of .......... born on ........., ............... born on ..................., (a) dependent child(ren) whose parents are not married to each other (and not being a child/children who is/are being fully maintained by the other parent), has failed to provide such maintenance for the child(ren) as is proper in the circumstances, |
||||||
|
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), |
||||||
|
AND IT APPEARING TO THE COURT that an order providing for periodical payments referred to in paragraph (a) or (b) of section 41 of the Family Law Act, 1995 falls to be made |
||||||
|
THE COURT HEREBY ORDERS pursuant to the provisions of section 42 of the Family Law Act, 1995 , that the above-named maintenance debtor pay to the above-named maintenance creditor *(a) lump sum payment(s) of £......... to be paid in the following manner:- |
||||||
|
AND this order is made *in addition to *instead of an order providing for periodical payments. |
||||||
|
Dated this .......... day of ................... 19.... |
||||||
|
.................................... |
||||||
|
Judge of the District Court |
||||||
|
*Delete words inapplicable |
||||||
|
Schedule C |
||||||
|
O.54, r.18 |
||||||
|
No. 54.28 |
||||||
|
section 25 |
||||||
|
APPLICATION FOR A STAY ON THE OPERATION OF AN ORDER UNDER *SECTION 11(2) (b) OF THE GUARDIANSHIP OF INFANTS ACT, 1964 , *SECTION *5, *5A, *7 OF THE FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976 . |
||||||
|
||||||
|
............................................................ ................................... Applicant |
||||||
|
............................................................ ................................... Respondent |
||||||
|
TAKE NOTICE that the *applicant *respondent will apply at the sitting of the District Court at ................... on the ....... day of ................... 19........, for a stay on the operation of the order made under section ......... of the ................... Act, 19...... on the .........day of................... 19......, under the terms of section 25 of the Family Law (Divorce) Act, 1996 . |
||||||
|
Dated this.......... day of...................19....... |
||||||
|
Signed............................................................ .. |
||||||
|
*Solicitor for *Applicant *Respondent |
||||||
|
To..................................... |
||||||
|
of................................ |
||||||
|
*Applicant *Respondent |
||||||
|
*Delete words inapplicable |
||||||
|
Schedule C |
||||||
|
O.54, r. 18 |
||||||
|
No. 54.29 |
||||||
|
section 25 |
||||||
|
ORDER STAYING THE OPERATION OF AN ORDER UNDER *SECTION 11(2) (b) OF THE GUARDIANSHIP OF INFANTS ACT, 1964 , *SECTION *5, *5A, *7 OF THE FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976 . |
||||||
|
||||||
|
............................................................ ................................... Applicant |
||||||
|
............................................................ ................................... Respondent |
||||||
|
THE APPLICATION of the *applicant *respondent for an order staying the operation of an order made under section......... of the ................... Act, 19...... made on the ........ day of ...................19 ........, coming by notice duly served before the Court on this date, |
||||||
|
THE COURT, having considered the evidence tendered, |
||||||
|
HEREBY ORDERS a stay on the operation of the said order. |
||||||
|
Dated this........day of...................19...... |
||||||
|
Signed................................................. |
||||||
|
Judge of the District Court |
||||||
|
*Delete where inapplicable |
||||||
|
SCHEDULE C |
||||||
|
O.55, r. 6(a) |
||||||
|
SCHEDULE 2 |
||||||
|
No. 55.3 |
||||||
|
section 5 (1) (a) as amended |
||||||
|
section 17 |
||||||
|
NOTICE OF INSTITUTION OF PROCEEDINGS |
||||||
|
||||||
|
............................................................ ................................... Applicant |
||||||
|
............................................................ ................................... Respondent |
||||||
|
YOU ARE HEREBY GIVEN NOTICE that proceedings have been instituted against you ............................................................ ..... now residing at .......................................... ............................................................ ....................... by .......................................... of ............................................................ ............................................................ ....... in court area and district aforesaid for a maintenance order on the grounds that you 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 children of the family namely |
||||||
|
......................... born on ......................... |
||||||
|
......................... born on ......................... |
||||||
|
under the age of 18 years] |
||||||
|
*[and ......................... 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] *[and ......................... 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] |
||||||
|
IF YOU INTEND TO +DEFEND OR BE REPRESENTED AT THE HEARING OF THESE PROCEEDINGS you should fill in and sign the attached notice of defence and send it by prepaid registered post to the District Court Clerk at before the expiration of ten days from the date of service of this notice upon you. |
||||||
|
(contd.) |
||||||
|
SCHEDULE C |
||||||
|
O.55, r.6(a) |
||||||
|
No. 55.3 (continued) |
||||||
|
IF YOU DO NOT INTEND TO DEFEND OR BE REPRESENTED AT THE HEARING you should fill in, sign and return the attached statement of means so as to assist the Court in making a fair assessment of the amount you would be in a position to pay. |
||||||
|
IF YOU FAIL TO RETURN EITHER THE NOTICE OF DEFENCE OR THE STATEMENT OF MEANS THEN THESE PROCEEDINGS MAY BE LISTED FOR HEARING WITHOUT FURTHER NOTICE TO YOU. |
||||||
|
Dated this day of 19 . |
||||||
|
Signed ....................................................... |
||||||
|
Clerk of the District Court for above court area |
||||||
|
To |
||||||
|
of |
||||||
|
†The Court may admit as evidence a letter written by you or an affidavit or other document made or signed by you. |
||||||
|
NOTICE OF DEFENCE |
||||||
|
I ......................... of .............................. |
||||||
|
intend to defend or be represented at the hearing of the proceedings brought against me by ............................................................ .. |
||||||
|
of .......................................................... |
||||||
|
Further communications regarding these proceedings should be forwarded to me at ............................................................ .. |
||||||
|
Dated this day of 19 . |
||||||
|
Signed ............................................. |
||||||
|
To the District Court Clerk |
||||||
|
at |
||||||
|
(contd.) |
||||||
|
SCHEDULE C |
||||||
|
O.55, r.6(a) |
||||||
|
No. 55.3 (continued) |
||||||
|
STATEMENT OF MEANS |
||||||
|
I ....................................................... |
||||||
|
do not intend to defend or be represented at the hearing of the proceedings brought against me by ....................................... |
||||||
|
of ....................................................... |
||||||
|
I set out hereunder particulars of my present income and liabilities* |
||||||
|
Further communications regarding these proceedings should be forwarded to me at .............................. |
||||||
|
Dated this day of 19 . |
||||||
|
Signed .................... |
||||||
|
To the District Court Clerk |
||||||
|
at |
||||||
|
*Supporting evidence, e.g. certificate of earnings or tax assessment should be attached where possible. |
||||||
|
SCHEDULE C |
||||||
|
O.55, r.6(a) |
||||||
|
No. 55.4 |
||||||
|
section 5 (1) (b) as amended |
||||||
|
section 17 |
||||||
|
NOTICE OF INSTITUTION OF PROCEEDINGS |
||||||
|
||||||
|
............................................................ .................................................. Applicant |
||||||
|
............................................................ ................................................ Respondent |
||||||
|
YOU ARE HEREBY GIVEN NOTICE that proceedings have been instituted against you .............................. now residing at ............................................. by .......................... of .............................. in court area and district aforesaid, for a maintenance order on the grounds that you 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 children of the family, namely, |
||||||
|
......................... born on ......................... |
||||||
|
......................... born on ......................... |
||||||
|
under the age of 18 years, |
||||||
|
*[and .................... 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] *[and ......................... 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] |
||||||
|
(contd.) |
||||||
|
*Delete where inapplicable |
||||||
|
SCHEDULE C |
||||||
|
O.55, r.6(a) |
||||||
|
No. 55.4 (continued) |
||||||
|
IF YOU INTEND TO +DEFEND OR BE REPRESENTED AT THE HEARING OF THESE PROCEEDINGS you should fill in and sign the attached notice of defence and send it by prepaid registered post to the District Court Clerk at before the expiration of ten days from the date of service of this notice upon you. |
||||||
|
IF YOU DO NOT INTEND TO DEFEND OR BE REPRESENTED AT THE HEARING you should fill in, sign and return the attached statement of means so as to assist the Court in making a fair assessment of the amount you would be in a position to pay. |
||||||
|
IF YOU FAIL TO RETURN EITHER THE NOTICE OF DEFENCE OR THE STATEMENT OF MEANS THEN THESE PROCEEDINGS MAY BE LISTED FOR HEARING WITHOUT FURTHER NOTICE TO YOU. |
||||||
|
Dated this day of 19 . |
||||||
|
Signed ............................................ |
||||||
|
District Court Clerk for above court area |
||||||
|
To |
||||||
|
of |
||||||
|
+The Court may admit as evidence a letter written by you or an affidavit or other document made or signed by you. |
||||||
|
Notice of Defence and Statement of Means as in Form 55.3. |
||||||
|
SCHEDULE C |
||||||
|
O.55, r.9 |
||||||
|
No. 55.12 |
||||||
|
section 5 (1) (a) as amended |
||||||
|
section 17 |
||||||
|
MAINTENANCE ORDER |
||||||
|
||||||
|
............................................................ .................... Maintenance Creditor |
||||||
|
............................................................ .................... Maintenance Debtor |
||||||
|
UPON HEARING AN APPLICATION made to this Court to-day by the above-named maintenance creditor, residing 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 at ........................................ 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 -- |
||||||
|
(i) that notice of the institution of these proceedings was served upon the maintenance debtor at ........................................ in accordance with the law of that place, |
||||||
|
(ii) that such notice was served upon the maintenance debtor in sufficient time to enable him/her to arrange for his/her defence, and |
||||||
|
(iii) that such notice included a statement of the substance of the said application. |
||||||
|
AND HAVING HEARD the evidence tendered by or on behalf of the maintenance creditor *(and the maintenance debtor). |
||||||
|
THE COURT HEREBY ORDERS -- |
||||||
|
*(1. that the maintenance debtor pay to the maintenance creditor for his/her support the weekly sum of £ ) |
||||||
|
*Delete words inapplicable |
||||||
|
(contd.) |
||||||
|
SCHEDULE C |
||||||
|
O.55, r.9 |
||||||
|
No. 55.12 (continued) |
||||||
|
*(2. that the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of each dependent child named hereunder 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 receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of 23 years, or until such education or instruction has been completed, whichever is the sooner, or |
||||||
|
(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully, |
||||||
|
.................... born on .................... |
||||||
|
.................... born on .................... |
||||||
|
.................... born on .................... |
||||||
|
making in all the total weekly sum of £ ), |
||||||
|
3. that the first of such payments be made on the day of 19 . |
||||||
|
*(4. That the maintenance debtor pay to the maintenance creditor the sum of £ being the costs and expenses incurred in obtaining this Order.) |
||||||
|
*(AND THE COURT DIRECTS pursuant to section 9 (1) (a) of the above first-mentioned Act that the payments aforesaid be made to the District Court Clerk at.........................) |
||||||
|
*(AND the maintenance creditor requesting the Court not to do so and the Court considering that it would not be proper to do so MAKES NO DIRECTION pursuant to section 9 (1) (a) of the above first-mentioned Act). |
||||||
|
Dated this day of 19 . |
||||||
|
Signed .............................. |
||||||
|
Judge of the District Court |
||||||
|
SCHEDULE C |
||||||
|
O.55,r.9 |
||||||
|
No. 55.13 |
||||||
|
FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) |
||||||
|
ACT, 1976 |
||||||
|
section 5 (1) (b) as amended |
||||||
|
section 17 |
||||||
|
MAINTENANCE ORDER |
||||||
|
||||||
|
............................................................ .................... Maintenance Creditor |
||||||
|
............................................................ .................... Maintenance Debtor |
||||||
|
UPON HEARING AN APPLICATION made to this Court to-day by the above-named maintenance creditor, residing 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 at ........................., being the spouse of ......................... *(now deceased) *(who has deserted him/her) *(who has been deserted by him/her) *(living separately and apart from him/her), has failed to provide such maintenance as is proper in the circumstances for the dependent child(ren) of the family). |
||||||
|
AND THE COURT BEING SATISFIED -- |
||||||
|
(i) that notice of the institution of these proceedings was served upon the maintenance debtor at ................................... in accordance with the law of that place, |
||||||
|
(ii) that such notice was served upon the maintenance debtor in sufficient time to enable him/her to arrange for his/her defence, and |
||||||
|
(iii) that such notice included a statement of the substance of the said application. |
||||||
|
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 -- |
||||||
|
1. that the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of each dependent child named hereunder until such child shall attain the age of 18 years and thereafter if, when the child shall attain that age, he or she |
||||||
|
(i) is or will be receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of 23 years, or until such education or instruction has been completed, whichever is the sooner, or |
||||||
|
(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully, |
||||||
|
.................... born on .................... |
||||||
|
.................... born on .................... |
||||||
|
.................... born on .................... |
||||||
|
making in all the total weekly sum of £ |
||||||
|
2. that the first of such payments be made on the day of 19 . |
||||||
|
*(3. That the maintenance debtor pay to the maintenance creditor the sum of £ being the costs and expenses incurred in obtaining this Order.) |
||||||
|
*(AND THE COURT DIRECTS pursuant to section 9 (1) (a) of the above first-mentioned Act that the payments aforesaid be made to the District Court Clerk at.........................) |
||||||
|
*(AND the maintenance creditor requesting the Court not to do so and the Court considering that it would not be proper to do so MAKES NO DIRECTION pursuant to section 9 (1) (a) of the above first-mentioned Act). |
||||||
|
Dated this day of 19 . |
||||||
|
Signed ........................................ |
||||||
|
Judge of the District Court |
||||||
|
SCHEDULE C |
||||||
|
O.55,r.9 |
||||||
|
No. 55.15 |
||||||
|
section 5A (2) as amended |
||||||
|
section 17 |
||||||
|
MAINTENANCE ORDER |
||||||
|
||||||
|
............................................................ ................... Maintenance Creditor |
||||||
|
............................................................ .................... Maintenance Debtor |
||||||
|
UPON HEARING AN APPLICATION made to this Court to-day by the above-named maintenance creditor, residing at ............................................................ .......... in court area and district aforesaid, a person other than a parent (within the meaning of section 5A (2) of the above first-mentioned Act) FOR A MAINTENANCE ORDER against the above-named maintenance debtor on the ground that the maintenance debtor, residing at ......................... being a parent of |
||||||
|
......................... born on ...................., |
||||||
|
......................... born on ...................., |
||||||
|
(a) dependent child(ren) whose parents are not married to each other (and not being (a) child(ren) who is/are being fully maintained by the other parent), has failed to provide such maintenance for the child(ren) as is proper in the circumstances. |
||||||
|
AND THE COURT BEING SATISFIED |
||||||
|
(i) that notice of the institution of these proceedings was served upon the maintenance debtor at .................... in accordance with the law of that place, |
||||||
|
(ii) that such notice was served upon the maintenance debtor in sufficient time to enable him/her to arrange for his/her defence, and |
||||||
|
(iii) that such notice included a statement of the substance of the said application, |
||||||
|
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 |
||||||
|
1. that the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of each dependent child named hereunder 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 receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of 23 years, or until such education or instruction has been completed, whichever is the sooner, or |
||||||
|
(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully, |
||||||
|
.............................. born on ......................... |
||||||
|
.............................. born on ......................... |
||||||
|
.............................. born on ......................... |
||||||
|
making in all the total weekly sum of £ |
||||||
|
2. that the first of such payments be made on the day of 19 , |
||||||
|
*(3. that the maintenance debtor pay to the maintenance creditor the sum of £ being the costs and expenses incurred in obtaining this order), |
||||||
|
*(AND THE COURT DIRECTS pursuant to section 9(1)(a) of the above first-mentioned Act that the payments aforesaid be made to the District Court Clerk at .........................), |
||||||
|
*(AND the maintenance creditor requesting the Court not to do so, and the Court considering that it would not be proper to do so, THE COURT MAKES NO DIRECTION pursuant to section 9(1)(a) of the above first-mentioned Act). |
||||||
|
Dated this day of 19 . |
||||||
|
Signed ...................................... |
||||||
|
Judge of the District Court. |
||||||
|
SCHEDULE C |
||||||
|
O.55,r.9 |
||||||
|
No. 55.16 |
||||||
|
section 6 (1) (b) as amended |
||||||
|
section 17 |
||||||
|
ORDER *VARYING MAINTENANCE ORDER |
||||||
|
*REVOKING |
||||||
|
||||||
|
............................................................ .......... Maintenance Creditor |
||||||
|
............................................................ .......... Maintenance Debtor |
||||||
|
WHEREAS by maintenance order dated the day of 19 , made at the sitting of the District Court held at.............................. the above named maintenance debtor residing at .........................................................was ordered to pay to the above named maintenance creditor of............................................................ ....... in court area and district aforesaid *(the weekly sum of £ for her support) *(and) the weekly sum of £ for the support of each dependent child named hereunder 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 receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of 23 years, or until such education or instruction has been completed, whichever is the sooner, or |
||||||
|
(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully, |
||||||
|
................................... born on .......................... |
||||||
|
................................... born on .......................... |
||||||
|
................................... born on .......................... |
||||||
|
AND WHEREAS an application was made to the Court on the day of 19 , by the said |
||||||
|
|
||||||
|
*Delete words inapplicable |
||||||
|
AND THE COURT BEING SATISFIED - |
||||||
|
(i) that notice of the institution of these proceedings was served upon the maintenance (debtor)(creditor) at ................................... in accordance with the law of that place, |
||||||
|
(ii) that such notice was served upon the maintenance (debtor) (creditor) in sufficient time to enable him/her to arrange for his/her defence, and |
||||||
|
(iii) that such notice included a statement of the substance of the said application. |
||||||
|
AND HAVING HEARD the evidence tendered by or on behalf of the maintenance creditor *(and the maintenance debtor) |
||||||
|
THE COURT HEREBY ORDERS - |
||||||
|
1. That the said maintenance order dated day of 19 ,* (BE REVOKED) * (BE VARIED AS FOLLOWS - that the maintenance debtor pay to the maintenance creditor for her/his support the weekly sum of £ |
||||||
|
2. that the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of each dependent child named hereunder 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 receiving full-time education or instruction at a university, college, school or other educational establishment, until the child has attained the age of 23 years, or until such education or instruction has been completed, whichever is the sooner, or |
||||||
|
(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully, |
||||||
|
.............................. born on ......................... |
||||||
|
.............................. born on ......................... |
||||||
|
.............................. born on ......................... |
||||||
|
making in all the total weekly sum of £ , |
||||||
|
3. that the first of such payments be made on the day of 19 . |
||||||
|
*4. that the maintenance debtor pay to the maintenance creditor the sum of £ being the costs and expenses incurred in obtaining this order). |
||||||
|
*(AND THE COURT DIRECTS pursuant to section 9 (1) (a) of the above first-mentioned Act that the payments aforesaid be made to the District Court Clerk at ........................................). |
||||||
|
*(AND the maintenance creditor requesting the Court not to do so and the Court considering that it would not be proper to do so MAKES NO DIRECTION pursuant to section 9 (1) (a) of the above first-mentioned Act). |
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|
*Delete words inapplicable |
||||||
|
Dated this day of 19 . |
||||||
|
Signed .................................... |
||||||
|
Judge of the District Court |
||||||
|
SCHEDULE 3 |
||||||
|
ORDER 56 |
||||||
|
ATTACHMENT OF EARNINGS |
||||||
|
Definitions |
||||||
|
1. In this Order - |
||||||
|
"the Act" means the Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976); |
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|
"the Act of 1995" means the Family Law Act, 1995 (No. 26 of 1995); |
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|
"competent authority" has the meaning assigned to it in Order 98 of these Rules; |
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|
Venue |
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|
2. (1) Proceedings to which this Order relates 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. |
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|
Hearing to be otherwise than in public |
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|
(2) Such proceedings 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. |
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|
Application |
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|
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 Form 56.3 or 56.4 Schedule C, as the case may be. |
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|
Service of order |
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|
4. The Clerk specified in an attachment of earnings order or the maintenance creditor, as the case may be, shall cause the order to be served upon the employer to whom it is directed and upon any subsequent employer of the maintenance debtor concerned of whom the Clerk so specified or the maintenance creditor becomes aware. |
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|
Mode of service |
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|
5. Such service may be effected by leaving a copy of the order at, or sending a copy of the order by registered prepaid post to the residence or place of business in the State of the person to be served. A copy of the order shall also be sent by registered prepaid post to the maintenance debtor. |
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|
Receipt for payment |
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|
6. The Clerk shall issue a receipt for each payment made by any such employer and shall transmit such payment to the maintenance creditor or, if authorised in writing by the maintenance creditor so to do, may transmit the payment to the competent authority. |
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|
O.56,r.7 |
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|
Payment by Clerk |
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|
7. The Clerk may send by post any payment received by him or her under an attachment of earnings order to the person entitled thereto. |
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|
Order requiring statement of particulars |
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|
8. An order under section 13 (1) (b) of the Act requiring a statement of particulars of a maintenance debtor's earnings shall be in accordance with Form 56.5 Schedule C. The Clerk shall cause the order to be served upon the person to whom it is directed by sending a copy thereof by prepaid post to the residence or place of business in the State of such person. |
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|
Application for determination as to earnings |
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|
9. An application under section 15 of the Act for a determination as to whether payments of a particular class or description are earnings for the purposes of an attachment of earnings order shall be preceded by the issue and service of a summons (Form 56.6 Schedule C) upon each of the other parties to the proceedings. |
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|
Parties to such proceedings Order of Court |
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|
10. The parties to proceedings in respect of an application under rule 9 shall be the employer, the maintenance debtor and the person to whom payments under the order are being made. The order of the Court hearing such application shall be in accordance with Form 56.7 Schedule C. A copy of such order shall be sent by the Clerk by prepaid post to each of the parties to the proceedings. |
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|
Application to vary or discharge attachment of earnings order |
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|
11. An application under section 17 of the Act for the variation or discharge of an attachment of earnings order shall be preceded by the issue and service of a summons (Form 56.8 Schedule C) upon the maintenance creditor and/or the maintenance debtor, as the case may be. The order of the Court on hearing the application shall be in accordance with Form 56.9 Schedule C. The Clerk or the maintenance creditor, as the case may be, shall cause the order to be served upon the employer in the manner prescribed in rule 5 of this Order. |
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|
Clerk to notify employer of cesser of order |
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|
12. Where an attachment of earnings order ceases to have effect the Clerk shall notify (Form 56.10 Schedule C) the employer accordingly. |
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|
Cesser of warrant and lapse of enforcement proceedings |
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|
13. Where an attachment of earnings order has been made, any proceedings commenced under section 8 of the Enforcement of Court Orders Act, 1940 , shall lapse and any warrant or order issued or made under that section in any such proceedings shall cease to have effect. |
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|
Clerk to produce documents |
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|
14. On the hearing of an application for an attachment of earnings order the Clerk to whom payments under the maintenance order, variation order, interim order, or enforceable maintenance order are payable shall tender as evidence - |
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|
(a) the maintenance order, variation order, interim order (as the case may be) and in the case of an enforceable maintenance order a copy of the maintenance order, |
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|
(b) the request in writing received by the Clerk from the maintenance creditor, |
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|
(c) in the case of an enforceable maintenance order, a copy of the order made by the Master of the High Court, and |
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|
(d) any other relevant document. |
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|
The Clerk shall also prove the amount of arrears due. |
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|
Schedule C |
||||||
|
O.56, r3 |
||||||
|
No. 56.1 |
||||||
|
(as amended) |
||||||
|
section 10 (1) (a) (iii) |
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|
ATTACHMENT OF EARNINGS SUMMONS |
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|
||||||
|
............................................................ ................................. Maintenance Creditor |
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|
............................................................ ................................. Maintenance Debtor |
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|
WHEREAS by *maintenance/*variation/*interim order dated.........day of............................ 19....., made at the sitting of the District Court at ........................................ *(in court *area and district aforesaid) against you the above-named maintenance debtor, you were ordered to pay the total weekly sum of £............ *(together with the sum of £..........for costs and expenses) to the above-named maintenance creditor of ............................................................ ........ |
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|
+(AND WHEREAS the Court pursuant to subsection (1) of section 9 of the above-mentioned Act directed that payments under the said Order be made to the District Court Clerk for the above court area), |
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|
AND WHEREAS the payments directed to be made by the said Order have not been duly made and there is now in arrear in respect of the same the sum of £.......... being the amount of ......weekly payments which have become due and payable *(within the six months immediately preceding the date of issue of this summons) *(together with the sum of £.......... for costs and expenses) making in all the sum of £.......... |
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|
+(AND WHEREAS I, being the District Court Clerk for the above court *area *district and the person to whom payments under the said Order were directed to be made, have, pursuant to subsection (2) of section 9 of the above-mentioned Act been requested in writing by the above-named maintenance creditor to take such steps as I consider reasonable in the circumstances to recover the sums in arrear). |
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|
THIS IS TO REQUIRE YOU to appear at the sitting of the District Court to be held at........................................ in court *area and district aforesaid on the ......day of.......... 19......, at ..........a.m./p.m. on the hearing of an application for an attachment of earnings order, AND YOU ARE ALSO REQUIRED to fill in and sign the attached STATEMENT OF PARTICULARS and send it to the Clerk of the District Court at .................... so as to reach his/her office at least forty-eight hours before the date of hearing of the application. |
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|
*Delete where inapplicable |
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|
+Delete where summons issued by maintenance creditor |
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|
Dated this ..........day of.................................19..... |
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|
Signed ............................................. |
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|
Judge of the District Court or |
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|
Peace Commissioner or |
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|
District Court Clerk |
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|
To............................................... |
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|
of ........................................... the above named maintenance debtor |
||||||
|
STATEMENT OF PARTICULARS |
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|
Name and address of Employer(s) ............................................................ ..... |
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|
(or trustee within the meaning ............................................................ ............ |
||||||
|
of the Family Law Act, 1995 ) ............................................................ ............ |
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|
of a pension scheme under which ............................................................ ....... |
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|
the maintenance debtor is |
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|
receiving periodical pension benefits |
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|
Weekly earnings ............................................................ ............................... |
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|
Income from any other sources ............................................................ .......... |
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|
Place of Work ............................................................ .................................. |
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|
............................................................ ........................................................ |
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|
Nature of work ............................................................ ................................. |
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|
Works number (if any) ............................................................ ...................... |
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|
Social Welfare number ............................................................ ...................... |
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|
P.A.Y.E. number ............................................................ .............................. |
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|
Liabilities ............................................................ .......................................... |
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|
To the District Court Clerk |
||||||
|
at ............................................................ ........ |
||||||
|
Schedule C |
||||||
|
O.56, r.3 |
||||||
|
No. 56.2 |
||||||
|
(as amended) |
||||||
|
section 10 (1) (a) (iii) |
||||||
|
ATTACHMENT OF EARNINGS SUMMONS |
||||||
|
||||||
|
............................................................ ....................... Maintenance Creditor |
||||||
|
............................................................ ....................... Maintenance Debtor |
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|
WHEREAS by maintenance order dated.........day of........................... 19....., made by +........................................... you the above-named maintenance debtor residing at ....................................................... in court *area and district aforesaid were ordered to pay to the above-named maintenance creditor of .................................. the total weekly sum of £...........*(together with the sum of £..........for costs and expenses). |
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|
AND WHEREAS the Master of the High Court on the.......... day of..............................19....., made an enforcement order in respect of the said maintenance order, |
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|
AND WHEREAS the payments directed to be made by the said maintenance order as ordered to be enforced by the said enforcement order have not been duly made 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 *(within six months immediately preceding the date of issue of this summons) *(together with the sum of £..........for costs and expenses) making in all the sum of £............, |
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|
AND WHEREAS I, being the District Court Clerk for the above court *area *district and the person to whom payments under the said maintenance Order are to be paid and the person authorised to take these proceedings, have been requested in writing by the above-named maintenance creditor to make application under section 10 of the above Act. |
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|
THIS IS TO REQUIRE YOU to appear at the sitting of the District Court to be held at........................................ in court *area and district aforesaid on the ..... day of............... 19....., at ........ a.m./p.m. on the hearing of an application for an attachment of earnings order, |
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|
AND YOU ARE ALSO REQUIRED to fill in and sign the attached STATEMENT OF PARTICULARS and send it to the Clerk of the District Court at ............................ so as to reach his/her office at least forty-eight hours before the date of hearing of the application. |
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|
Dated this ..........day of................................ 19..... |
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|
Signed ............................................ |
||||||
|
Judge of the District Court |
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|
To................................................ |
||||||
|
of..................................................(the above-named maintenance debtor) |
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|
Statement of particulars as in Form 56.1 to be added. |
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|
+State Court which made the Order |
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|
*Delete where inapplicable |
||||||
|
Schedule C |
||||||
|
O.56, r.3 |
||||||
|
No. 56.3 |
||||||
|
(as amended) |
||||||
|
section 10 (1) (a) (iii) |
||||||
|
ATTACHMENT OF EARNINGS ORDER |
||||||
|
||||||
|
............................................................ ................................. Maintenance Creditor |
||||||
|
............................................................ ................................. Maintenance Debtor |
||||||
|
WHEREAS by *maintenance/*variation/*interim order dated *(this date) *(the .......... day of........................... 19.....), made at the sitting of the District Court at ............................ *(in court *area and district aforesaid) the above-named maintenance debtor *residing *carrying on profession, business or occupation at ....................................................... *( in court *area and district aforesaid) was ordered to pay to the above-named maintenance creditor *residing *carrying on profession, business or occupation at ..................................... *(in court *area and district aforesaid) *(the weekly sum of £..........for her/his support) *(and) *(the weekly sum of £......... )*(together with the sum of £.........for costs and expenses). |
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|
AND WHEREAS the Court is satisfied - |
||||||
|
*[(i) that the summons herein dated the ..........day of.................... 19....., was duly served upon the maintenance debtor], |
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|
(ii) that of the said weekly payments which have become due and payable by virtue of the said order *(within the six months immediately preceding the date of the said summons), the sum of £..........*(together with the sum of £..........for costs and expenses) making in all the sum of £.......... has not been duly paid, |
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|
(iii) that the maintenance debtor is a person to whom earnings fall to be paid, |
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|
THE COURT HEREBY ORDERS you to whom this order is addressed, on the expiration of ten days from the date of service of this order upon you, to deduct the sums set out hereunder from the earnings of the maintenance debtor |
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|
*(employed by you), |
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|
*(to whom periodical pension benefits are paid by you, you being a trustee (within the meaning of the Family Law Act, 1995 ) of a pension scheme) |
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|
*(whose social welfare number is .............................. and whose P.A.Y.E. number is...................................... and transmit the said sums |
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|
*(to ..................................................... of.......................................................) |
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|
*(to the District Court Clerk at ............................................................ .....) |
||||||
|
*Delete where inapplicable |
||||||
|
1. The weekly sum of £.............. in respect of current payments under the order first mentioned. |
||||||
|
*[2. The weekly sum of £.......for ........ consecutive weeks (and a final payment of £...........) in respect of arrears of payments under the order first mentioned up to the date of this order and the further instalments of arrears accruing due between the date of this order and the date of the commencment of such deductions from earnings]. |
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|
*[3. The weekly sum of £..... for ........ consecutive weeks (and a final payment of £...........) in respect of costs and expenses in connection with the order first mentioned and this order]. |
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|
The normal deduction rate shall be the total of the sums referred to at 1, 2 and 3 above. When the payment referred to at 2 or 3 has been completed the said rate shall be reduced by the amounts of such payment. |
||||||
|
The protected earnings rate shall be £........per week, below which the earnings shall not be reduced by reason of this order. |
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|
Dated this..........day of......................... 19..... |
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|
Signed ............................................... |
||||||
|
Judge of the District Court |
||||||
|
To ................................................... |
||||||
|
of ................................................... |
||||||
|
*(employer of above-named maintenance debtor) *(trustee of a pension scheme under which the maintenance debtor is receiving periodical pension benefits). and to any other person who subsequently may have the maintenance debtor in his employment. |
||||||
|
NOTE: If the maintenance debtor is not in your employment you should within ten days from the date of service of this Order upon you or if at any time the debtor ceases to be in your employment within ten days from such cesser fill in and sign the attached notice and send it to the District Court Clerk (see section 11 (2) of the Family Law (Maintenance of Spouses and Children) Act, 1976 ). |
||||||
|
NOTICE THAT MAINTENANCE DEBTOR IS NOT EMPLOYED OR HAS CEASED TO BE EMPLOYED BY PERSON TO WHOM AN ATTACHMENT OF EARNINGS ORDER IS DIRECTED |
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|
To the District Court Clerk at ....................... |
||||||
|
An Attachment of Earnings Order dated .......... day of....................19......, made at the sitting of the District Court at .......... relating to earnings falling to be paid to.............. of............. was directed to and served on me............... of............................................ |
||||||
|
I hereby give you notice that the said................. *(is not in my employment) *(ceased to be in my employment on the ............. day of............... 19...). |
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|
Dated this......... day of............. 19.... |
||||||
|
Signed........................................ |
||||||
|
Schedule C |
||||||
|
O.56, r.3 |
||||||
|
No. 56.4 |
||||||
|
(as amended) |
||||||
|
section 10 (1) (a) (iii) |
||||||
|
ATTACHMENT OF EARNINGS ORDER |
||||||
|
||||||
|
............................................................ ................................... Maintenance Creditor |
||||||
|
............................................................ ................................... Maintenance Debtor |
||||||
|
WHEREAS by maintenance order dated *(this date) *(the.......day of ........................... 19...), made by +.................. the above-named maintenance debtor of ................. was ordered to pay to the above-named maintenance creditor of ............................... *(the weekly sum of £...........for her/his support) *(and the weekly sum of £.............. for the support of ...............dependent children of the family) *(together with the sum of £...........for costs and expenses); |
||||||
|
AND WHEREAS the Court is satisfied - |
||||||
|
*[(i) that the summons herein dated the......day of............19....., was duly served upon the maintenance debtor], |
||||||
|
(ii) that, of the said weekly payments which have become due and payable by virtue of the said order *(within the six months immediately preceding the date of the said summons), the sum of £.......*(together with the sum of £.......for costs and expenses) making in all the sum of £.......has not been duly paid, |
||||||
|
(iii) that the maintenance debtor is a person to whom earnings fall to be paid, |
||||||
|
THE COURT HEREBY ORDERS you to whom this order is addressed, on the expiration of ten days from the date of service of this order upon you, to deduct the sums set out hereunder from the earnings of the maintenance debtor †employed by you, †to whom periodical pension benefits are paid by you, you being a trustee (within the meaning of the Family Law Act, 1995 ) of a pension scheme, *(whose social welfare number is .............and whose P.A.Y.E. number is................... and transmit the said sums to the District Court Clerk at .................................. |
||||||
|
*Delete where inapplicable |
||||||
|
+State Court which made Order |
||||||
|
1. The weekly sum of £..........in respect of current payments under the order first mentioned. |
||||||
|
2. The weekly sum of £.........for.......... consecutive weeks (and a final payment of £.........) in respect of arrears of payments under the order first mentioned up to the date of this order and the further instalments of arrears accruing due between the date of this order and the date of the commencement of such deductions from earnings. |
||||||
|
3. The weekly sum of £......... for......... consecutive weeks (and a final payment of £...........) in respect of costs and expenses in connection with the order first mentioned and this order. |
||||||
|
The normal deduction rate shall be the total of the sums referred to at 1, 2 and 3 above. When the payment referred to at 2 or 3 has been completed the said rate shall be reduced by the amounts of such payment. |
||||||
|
The protected earnings rate shall be £........per week, below which the earnings shall not be reduced by reason of this order. |
||||||
|
Dated this ........day of.......... 19..... |
||||||
|
Signed ........................................... |
||||||
|
Judge of the District Court |
||||||
|
To.............................................. |
||||||
|
of............................................ |
||||||
|
*(employer of above-named maintenance debtor) *(trustee of a pension scheme under which the maintenance debtor is receiving periodical pension benefits). and to any other person who subsequently may have the maintenance debtor in his employment. |
||||||
|
NOTE: If the maintenance debtor is not in your employment you should within ten days from the date of service of this Order upon you or if at any time the debtor ceases to be in your employment within ten days from such cesser fill in and sign the attached notice and send it to the District Court Clerk (see section 11 (2) of the Family Law (Maintenance of Spouses and Children) Act, 1976 ). |
||||||
|
NOTICE THAT MAINTENANCE DEBTOR IS NOT EMPLOYED OR HAS CEASED TO BE EMPLOYED BY PERSON TO WHOM AN ATTACHMENT OF EARNINGS ORDER IS DIRECTED |
||||||
|
To the District Court Clerk at ......................... |
||||||
|
An Attachment of Earnings Order dated.....day of........... 19...., made at the sitting of the District Court at .......................relating to earnings falling to be paid to.................. of.................. was directed to and served on me ..................... of .............................. |
||||||
|
I hereby give you notice that the said..................*(is not in my employment) *(ceased to be in my employment on the ..............day of............19.....). |
||||||
|
Dated this....... day of..........19..... |
||||||
|
Signed............................... |
||||||
|
SCHEDULE C |
||||||
|
O.58,r.4(2) |
||||||
|
SCHEDULE 4 |
||||||
|
No. 58.7 |
||||||
|
section 7(5) |
||||||
|
ORDER THAT TESTAMENTARY GUARDIAN SHALL ACT AS GUARDIAN TO EXCLUSION OF PARENT |
||||||
|
||||||
|
............................................................ ....................................Applicant |
||||||
|
............................................................ ....................................Respondent |
||||||
|
UPON APPLICATION made to this Court to-day by the above-named applicant, of ......................... in court *area and district aforesaid, a testamentary guardian of ......... ............... born on................., ..................., born on (an) infant(s) residing at................. , for an order under section 7 of the above Act, |
||||||
|
THE COURT being satisfied that the notice of the application was duly served upon the respondent, the surviving parent of the infant(s), and that the welfare of the infant(s) requires the making of this order, |
||||||
|
HEREBY ORDERS THAT the Applicant shall act as guardian of the infant(s) to the exclusion of the respondent *(so far as - |
||||||
|
*Delete words inapplicable. |
||||||
|
(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 infant(s), namely, ........................... born on ...................... born on ...................until such infant shall attain the age of 18 years, and thereafter if, when the infant has attained that age, he or she |
||||||
|
(i) is or will be receiving full-time education or instruction at a university, college, school or other educational establishment, until he or she has attained the age of 23 years or until such education or instruction has been completed, whichever is the sooner; or |
||||||
|
(ii) is suffering from 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 19 , |
||||||
|
Signed............................ |
||||||
|
Judge of the District Court. |
||||||
|
WARNING |
||||||
|
Where this order contains a direction regarding the custody of an infant or the right of access to an infant any person who FAILS OR REFUSES to give up the infant or to allow access to the infant as required SHALL BE GUILTY OF AN OFFENCE and shall be liable on summary conviction to a fine not exceeding £200 or to imprisonment not exceeding SIX MONTHS, or to both such fine and such imprisonment. |
||||||
|
SCHEDULE C |
||||||
|
O.58,r.5. |
||||||
|
No. 58.17 |
||||||
|
section 11 |
||||||
|
ORDER ON QUESTION AFFECTING WELFARE OF INFANT(S) |
||||||
|
||||||
|
............................................................ ......................... Applicant |
||||||
|
............................................................ ......................... Respondent(s) |
||||||
|
UPON APPLICATION made to this Court to-day by the above-named applicant of .........................in court *area and district aforesaid, *(being a guardian of .................. born on ............. born on .................., (an) infant(s) residing at ....................for the Court's direction under section 11 of the above Act on the following question affecting the welfare of the infant(s):- |
||||||
|
). |
||||||
|
*(being the father of, and not being a guardian of............................. born on ......., ................. born on ................, (an)infant(s) residing at ....................., whose father and mother have not married each other, for the Court's direction regarding the custody of the infant(s) and the right of access thereto of the applicant or of the infant's mother, pursuant to section 11(4) of the above Act), |
||||||
|
THE COURT being satisfied that notice of the application was duly served, and having heard the submissions made herein, and being satisfied that the welfare of the infant(s) requires the making of this Order, |
||||||
|
HEREBY DIRECTS (regarding custody and access-for example-) *that the custody care and control of the said infant(s) be given to the *(applicant) *(respondent) and that access to the said infant(s) 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 infant(s) from and return the infant(s) 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 infant(s) is hereby given shall not remove the said infant(s) 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. |
||||||
|
*Delete words inapplicable |
||||||
|
(regarding maintenance - for example-) |
||||||
|
*that the said ............do pay to the said ................ the weekly sum of £ towards the maintenance of (each of) the said infant(s), namely,................ born on....................... born on ............... until such infant shall attain the age of 18 years, and thereafter if, when the infant has attained that age, he or she |
||||||
|
(i) is or will be receiving full-time education or instruction at a university, college, school or other educational establishment, until he or she has attained the age of 23 years or until such education or instruction has been completed, whichever is the sooner; or |
||||||
|
(ii) is suffering from 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 19 , |
||||||
|
Signed........................................... |
||||||
|
Judge of the District Court. |
||||||
|
WARNING |
||||||
|
Where this order contains a direction regarding the custody of an infant or the right of access to an infant, any person who FAILS OR REFUSES to give up the infant or to allow access to the infant as required SHALL BE GUILTY OF AN OFFENCE and shall be liable on summary conviction to a fine not exceeding £200 or to imprisonment not exceeding SIX MONTHS, or to both such fine and such imprisonment. |
||||||
|
O.60,r.1 |
||||||
|
SCHEDULE 5 |
||||||
|
ORDER 60 |
||||||
|
PROTECTION OF THE FAMILY HOME |
||||||
|
Definition |
||||||
|
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 |
||||||
|
section 3 |
||||||
|
APPLICATION TO HAVE CONVEYANCE DECLARED VOID |
||||||
|
||||||
|
............................................................ ................................................ 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 |
||||||
|
section 3 |
||||||
|
ORDER DECLARING A CONVEYANCE VOID |
||||||
|
||||||
|
............................................................ ................................................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 |
||||||
|
section 4(1) |
||||||
|
APPLICATION TO DISPENSE WITH CONSENT OF SPOUSE TO CONVEYANCE OF FAMILY HOME |
||||||
|
||||||
|
............................................................ ................................................ 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 |
||||||
|
section 4(1) |
||||||
|
ORDER DISPENSING WITH CONSENT OF SPOUSE TO CONVEYANCE OF FAMILY HOME |
||||||
|
||||||
|
............................................................ ................................................ 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 |
||||||
|
section 4(1) |
||||||
|
ORDER APPOINTING A PERSON TO EXECUTE CONSENT TO CONVEYANCE OF FAMILY HOME |
||||||
|
||||||
|
............................................................ ................................................ 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 |
||||||
|
section 4(4) |
||||||
|
APPLICATION FOR AN ORDER GIVING CONSENT ON BEHALF OF SPOUSE TO CONVEYANCE OF FAMILY HOME |
||||||
|
||||||
|
............................................................ ................................................ 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 |
||||||
|
section 4(4) |
||||||
|
ORDER CONSENTING TO CONVEYANCE OF FAMILY HOME |
||||||
|
||||||
|
............................................................ ................................................ 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 |
||||||
|
section 5(1) |
||||||
|
APPLICATION FOR AN ORDER FOR THE PROTECTION OF FAMILY HOME IN THE INTEREST OF THE SPOUSE OR DEPENDENT CHILD |
||||||
|
||||||
|
............................................................ ................................................ 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 |
||||||
|
section 5(1) |
||||||
|
ORDER FOR THE PROTECTION OF FAMILY HOME IN THE INTEREST OF THE SPOUSE OR DEPENDENT CHILD |
||||||
|
||||||
|
............................................................ ................................................... 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 |
||||||
|
section 5(2) |
||||||
|
APPLICATION FOR AN ORDER FOR COMPENSATION FOR LOSS RELATING TO THE FAMILY HOME |
||||||
|
||||||
|
............................................................ .................................... 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 |
||||||
|
section 5(2) |
||||||
|
ORDER OF COMPENSATION FOR LOSS RELATING TO FAMILY HOME |
||||||
|
||||||
|
............................................................ ................................................... 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 |
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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 . |
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for the 
of the said maintenance order,