Legalize / Ireland / Statutory Instrument

S.I. No. 96/1976 - District Court [Family Law (Maintenance of Spouses and Children) Act, 1976] Rules, 1976

Type Statutory Instrument

Publication 1976-04-29

Last updated 1997-02-24

State Partially repealed superseded text

Text As published

Source Irish Statute Book

articles 45

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

4 amending acts · 1997-02-24, S.I. No. 93/1997 - District Court Rules, 1997

Reform history JSON API

of............................................................ ............................................................ ............................................................ .....

and to bring him before me or another justice to be dealt with according to law.


Dated this	day of	19 .

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

Justice of the District Court

To the Superintendent of the Garda Síochána

†ENDORSEMENT AS TO RELEASE ON BAIL

I hereby direct that the person named in this warrant be on arrest released on entering into a recognizance himself in the sum of £ and one sufficient surety in the sum of £ (or two sufficient sureties in the sum of £ each) conditioned for the appearance of thesaid .................... at the sitting of the District Court in District No. next following the date of his arrest.


Dated this	day of	19 .
		Signed............................................................
		Justice of the District Court

†Delete where inapplicable.

SCHEDULE A


Form 30	Rule 32

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

section 9 (2)

ENFORCEMENT OF COURT ORDERS ACT, 1940

SUMMONS FOR ATTENDANCE OF MAINTENANCE DEBTOR


District Court Area of	District No.
	.......................................... Maintenance Creditor
	.......................................... Maintenance Debtor

WHEREAS an information and complaint has been made on oath and in writing by........................... the district court clerk for the above court area (he being the person to whom, pursuant to † section 9 of the Family Law (Maintenance of Spouses and Children) Act, 1976 †( section 3 (10) of the Illegitimate Children (Affiliation Orders) Act 1930 , inserted by section 28 of the Family Law (Maintenance of Spouses and Children) Act, 1976 ) (payments under the order referred to herein are to be paid and the person authorised to take these proceedings)

†[that by maintenance order/variation order/*interim order dated day of 19, made at the sitting of the District Court at ................................the maintenance debtor of.................................... was ordered to pay to the maintenance creditor

of............................................................ ........................the weekly sum of £ for her support †(and the sum of £ per week for the support of the dependent children of the family) †(together with the sum of £ for costs and expenses] †[that by Affiliation Order dated day of 19, made at the sitting of the District Court at ............................................................ ................................................. the maintenance debtor of ............................................................ ............................................................ ............... was ordered to pay to the maintenance creditor

of ............................................................ ................. the sum of £ per week for the maintenance and education of illegitimate child named ............................................................ .......†(together with the sum of £ for costs and expenses)]

AND WHEREAS the payments directed to be made by the said order have not been duly made according thereto and there is now in arrear in respect of same the sum of £ , being the amount of weekly payments, which have become due and payable within the six months immediately preceding this date (together with the sum of £ for costs and expenses making in all the sum of £ );

AND WHEREAS by notice dated day of 19 the said clerk was requested in writing by the maintenance creditor to take such steps as he considers reasonable to recover the sums in arrear.

THIS IS TO COMMAND YOU to appear at the sitting of the District Court at .......................................... in court area and district aforesaid on the day of 19 , at .m. to answer the said complaint.


Dated this	day of	19 .
		Signed....................................................
		Justice of the District Court

the above named maintenance debtor

SCHEDULE A


Form 31	Rule 34

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

section 9 (2)

ENFORCEMENT OF COURT ORDERS ACT, 1940

section 8

WARRANT OF COMMITTAL


District Court Area of	District No.
	.................................... Maintenance Creditor
	.................................... Maintenance Debtor

WHEREAS the above named maintenance debtor of............................................................ ....................

was this day before me, at a sitting of the District Court at............................................................ ..........

in court area and district aforesaid, on foot of a*warrantreciting that:—

*summons

†[By maintenance order/variation order/*interim order dated day of 19 , made at the sitting of the District Court at..................................the maintenance debtor of ....................... was ordered to pay to.................................................. the above named maintenance creditor the sum of £ per week for her support †(and the sum of £ per week for the support of the dependent children of the family)

†(together with the sum of £ for costs and expenses]

†[By Affiliation Order dated day of 19 made at the sitting of the District Court at ....................................................... the maintenance debtor of .................. was ordered to pay to the maintenance creditor of ...................... the sum of £ per week for the maintenance and education of illegitimate child named ...................... †(together with the sum of £ for costs and expenses)]

By notice in writing dated day of 19 the district court clerk for the above court area was requested in writing by the maintenance creditor to take such steps as he considers reasonable to recover the sums in arrear.

AND WHEREAS the said maintenance order/variation order/interim order/ affiliation order and the said notice have been produced to me;

AND WHEREAS I am satisfied on the evidence adduced 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 application the sum of £ (together with the sum of £ for costs and expenses) making in all the sum of £ has not been duly paid;

AND AFTER HEARING the maintenance debtor and he not having shown to my satisfaction that the failure to pay the said sum was due neither to his wilful refusal nor to his culpable neglect.

NOW IT IS HEREBY ORDERED that the said maintenance debtor for his said default and failure to pay the said sum be committed to the prison at......................................... and there to be imprisoned for the period of.......... unless he or someone on his behalf shall sooner pay to the district court clerk at....................................or to the governor of the said prison for the said clerk the said sum of £


Dated this	day of	19 .
		Signed....................................................
		Justice of the District Court

WARRANT TO ENFORCE ORDER

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said ................................ of ................................ and lodge him in the prison at .............................................. there to be imprisoned by the governor of the said prison for a period of .......... pursuant to the above Order unless the sum of £ be sooner paid.


Dated this	day of	19 .
		Signed..............................................
		Justice of the District Court

To the Superintendent of the Garda Síochána

*Delete whichever inapplicable.

†Delete where inapplicable.

SCHEDULE A


Form 32	Rule 3

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

section 9 (2)

ENFORCEMENT OF COURT ORDERS ACT, 1940

section 8

WARRANT OF DISTRESS AND SALE


District Court Area of	District No.
	.................................................. Maintenance Creditor
	................................................... Maintenance Debtor

WHEREAS the above named maintenance debtor of.......... was this day before me at a sitting of the District Court at............................................................ ............................................................ ............................

in court area and district aforesaid, on foot of a *warrant

reciting that:— *summons

†[By maintenance order/variation order/*interim order dated day of 19 , made at the sitting of the District Court at............................................................ ............................................................ ................................ the maintenance debtor of............................................................ ..................................................... was ordered to pay to............................................................ ............................................................ . the above named maintenance creditor the sum of £ per week for her support †(and the sum of £ per week for the support of the dependent children of the family] † (together with the sum of £ for costs and expenses)].

†[By Affiliation Order dated day of 19 made at the sitting of the District Court at ............................................................ the maintenance debtor of .......................................... was ordered to pay to the maintenance creditor of ............................................. the sum of £ per week for the maintenance and education of illegitimate child named ....................... †(together with the sum of £ for costs and expenses)].

AND WHEREAS the said maintenance order/variation order/interim order/ affiliation Order and the said notice have been produced to me;

AND AFTER HEARING the maintenance debtor and he not having shown to my satisfaction that the failure to pay the said sum was due neither to his wilful refusal nor to his culpable neglect.

NOW IT IS HEREBY ORDERED AND DIRECTED that the said sum of £ be levied by the distress and sale of the goods and chattels of the maintenance debtor and be paid to the district court clerk at.......................... within days from this date.

This warrant to be returned in days if not executed.


Dated this	day of	19 .
		Signed..............................................
		Justice of the District Court.

To the several Sheriffs and County Registrars County of ..............................

I authorise and empower................................................ and ..................................of................................ Court Messengers, or either of them, and their assistants to execute the above order.


Dated this	day of	19 .
		Signed..............................................
		Sheriff/County Registrar of the said County.

The sum to be levied hereunder is £

Sheriff/County Registrar.

*Delete whichever inapplicable.

†Delete where inapplicable.

SCHEDULE A


Form 33	Rule 36

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

section 22

INFORMATION


District Court Area of	District No.
	.................................................. Applicant
	................................................... Respondent

---	---
The information of	The information of
of	............................................................ ............................................................ ............................................................ .

the above applicant who says on oath—


I therefore apply for the issue of a summons against the said	I therefore apply for the issue of a summons against the said	I therefore apply for the issue of a summons against the said	............................................................ .......
............................................................ .................of	............................................................ .............................................	............................................................ .............................................	............................................................ .............................................
		Signed............................................................ .......	Signed............................................................ .......
		Informant	Informant

---	---	---
SWORN before me this	day of	19 .
	Signed............................................................ .........................................	Signed............................................................ .........................................
	Justice of the District Court, or Peace Commissioner	Justice of the District Court, or Peace Commissioner

SCHEDULE A


Form 34	Rule 37

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

section 22

SUMMONS TO BAR SPOUSE FROM FAMILY HOME


District Court Area of	District No.
	...................................................... Applicant
	.....................................................Respondent

The above named applicant............................................................ ............................................................ .......... of............................................................ ............................................................ ............................................................ ...

*(in court area and district aforesaid)

has made an application to have you the above named respondent of ............................................................ .....

*(in court area and district aforesaid)

barred from the family home situate at............................................................ .................................... because the safety or welfare of the said applicant or of any dependent children of the family requires it.

TAKE NOTICE that this application will be heard at the sitting of the District Court at............................................................ ............................................................ .................................. in court area and district aforesaid

on the day of 19 at .m.


Dated this	day of	19 .
	Signed............................................................ .........................................	Signed............................................................ .........................................
	Justice of the District Court, or Peace Commissioner	Justice of the District Court, or Peace Commissioner

(the above named respondent)

*Delete where inapplicable.

SCHEDULE A


Form 35	Rule 37

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

section 22

ORDER BARRING SPOUSE FROM FAMILY HOME


District Court Area of	District No.
	.........................................................Applicant
	...................................................... Respondent

WHEREAS an application was made on the day of 19 , by the above named applicant

*residing

*carrying on profession, business or occupation

at....................................... †(in court area and district aforesaid) be barred from the family home;

AND WHEREAS the Court is satisfied—

(i) that the summons herein dated day of 19

was duly served on the respondent

And after hearing the evidence tendered by or on behalf of the applicant †(and the respondent);

AND WHEREAS the Court is of opinion that there are reasonable grounds for believing that the safety or welfare of the applicant or of any dependent child of the family requires it.

THE COURT HEREBY ORDERS that the said respondent leave the family home to wit............................................................ ............................................................ ...........................and prohibits him from entering the said home until the Court further orders. This order to expire three months after the date hereof†(or until the day of 19 , a day within three months after the date hereof).


Dated this	day of	19 .
	Signed............................................................ .........................................	Signed............................................................ .........................................
	Justice of the District Court	Justice of the District Court

*Delete whichever inapplicable.

†Delete where inapplicable.

SCHEDULE A


Form 36	Rule 38

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

section 22 (2)

SUMMONS TO DISCHARGE ORDER BARRING SPOUSE FROM FAMILY HOME


District Court Area of	District No.
	.....................................................Applicant
	................................................. Respondent

YOU ARE HEREBY REQUIRED to appear at the sitting of the District Court at........................................ in court area and district aforesaid on the day of 19at .m. upon the hearing of an application by the above named *Applicant of..................

*Respondent

..............................................to have the Order dated day of 19made at the sitting of the District Court at............................................................ ............................................................ .............................

whereby ............................................................ ............................................................ ..................................................... of............................................................ ............................................................ ................................ was ordered to leave the family home and was prohibited from entering the said home.

*Delete whichever inapplicable.

DISCHARGED as provided by section 22 (2) of the above Act.


Dated this	day of	19
	Signed............................................................ .........................................	Signed............................................................ .........................................
	Justice of the District Court, Peace Commissioner, or District Court Clerk	Justice of the District Court, Peace Commissioner, or District Court Clerk

*Delete whichever inapplicable.

SCHEDULE A


Form 37	Rule 38

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

section 22 (2)

ORDER DISCHARGING ORDER BARRING SPOUSE FROM FAMILY HOME


District Court Area of	District No.
	............................................................ ..... Applicant
	............................................................ Respondent

WHEREAS by Order dated day of 19 , made at the sitting of the District Court at............................................................ ............................................................ .........................

in court area and district aforesaid)

the above named—*Applicant

*Respondent

of............................................................ ............................................................ ............................................................ .....

was ordered to leave the family home and was prohibited from entering the said

home of the above named— *Applicant

*Respondent

to wit............................................................ ............................................................ ........................................................

AND WHEREAS an application was made to the Court on day of

*Applicant

19 , by the above named _____ tohave

*Respondent

the said Order discharged;

AND WHEREAS the Court is satisfied:—

that the summons herein dated day of 19 ,

*Respondent

was duly served on the—*Applicant

that it is proper to do so and that the safety and welfare of the Respondent or any dependent child will not be prejudiced by the discharge thereof,

THE COURT HEREBY ORDERS that the said Order dated day of

19 , be DISCHARGED.


Dated this	day of	19 .
	Signed............................................................ .........................................	Signed............................................................ .........................................
	Justice of the District Court	Justice of the District Court

*Delete whichever inapplicable.

SCHEDULE A


Form 38	Rule 39

FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976

section 22 (3)

SUMMONS


District Court Area of	District No.
	............................................................ .......Complainant
	............................................................ .........Defendant

WHEREAS a complaint has been made by the above complainant

of............................................................ ............................................................ ............................................................ .....

*(in court area and district aforesaid)

that by Order dated day of 19 , made at the sitting of the District Court at............................................................ ............................................................ .......................................................

you the above named Defendant

of............................................................ ............................................................ ............................................................ .....

*(in court area and district aforesaid)

were ordered to leave the family home to wit................................ and was prohibited from entering the said home, and that on the day of 19 you did

Contrary to section 22 (3) of the above Act

THIS IS TO COMMAND YOU to appear at the sitting of the District Court at............................................................ .......... in court area and district aforesaid on the day of 19 , at .m. to answer the said complaint.


Dated this	day of	19 .
	Signed............................................................ .........................................	Signed............................................................ .........................................
	Justice of the District Court, or Peace Commissioner, or District Court Clerk	Justice of the District Court, or Peace Commissioner, or District Court Clerk

(the above named Defendant)

*Delete where inapplicable.

SCHEDULE B RULES WHICH ARE AMENDED

District Court Rules (No. 2) 1962 ( S.I. No. 8 of 1962 ) are hereby amended—

(i) by the substitution for Rule 5 of the following Rule—

"5 (1) An application pursuant to section 4 (4) (a) of the Illegitimate Children (Affiliation Orders) Act, 1930 , shall be by summons which shall be in accordance with Form 7 in the Schedule hereto or such modification thereof as may be suitable.

(2) An application pursuant to section 4A (1) of the Illegitimate Children (Affiliation Orders) Act, 1930 , shall be by summons which shall be in accordance with Form 7A in the Schedule hereto or such modification thereof as may be suitable."

(ii) By the insertion after Rule 7 of the following Rule

"7A. An application to discharge an affiliation order pursuant to section 5 (3) of the Illegitimate Children (Affiliation Orders) Act, 1930 , shall be by summons which shall be in accordance with Form 11A in the Schedule hereto or such modification thereof as may be suitable."

(iii) By the substitution for Rule 16 (3) of the following Rule—

"16 (3) An Order made under section 4 (4) (1) of the Illegitimate Children (Affiliation Orders) Act, 1930 , shall be in accordance with Form 22 in the Schedule hereto or such modification thereof as may be suitable.

(3) (A) An Order under section 4A (1) of the Illegitimate Children (Affiliation Orders) Act, 1930 , shall be in accordance with Form 22A in the Schedule hereto or such modification thereof as may be suitable."

(iv) By the insertion after Rule 16 (7) of the following Rule—

"16(7) (A) An Order made under section 5 (3) of the Illegitimate Children (Affiliation Orders) Act, 1930 , shall be in accordance with Form 26A in the Schedule hereto or such modification thereof as may be suitable".

(v) By the deletion of Rules 23, 24, and 25, together with the forms referred to therein (as substituted by Forms 1, 2, 3, and 4 in Rule 5 of the District Court ( Courts Act, 1971 ) Rules, 1972 ( S.I. No. 68 of 1972 ).

(vi) by the substitution throughout Forms 2, 4, and 6 of the words "three years" for the words "six months" and the substitution of the words "first took up residence in the state'' for the words "first entered the state''.

(vii) by the substitution in Forms 12 and 13 of "£200" for "£50" and "£5" respectively.

(viii) Forms 7A, 11A, 22A, and 26A Schedule B shall be added to the Schedule of Forms, and Forms 7, 20, 21 and 22 Schedule B shall be substituted for the corresponding forms in the Schedule to the said Rules.

District Court ( Maintenance Orders Act, 1974 ) Rules, 1975 ( S.I. No. 58 of 1975 ) are hereby amended—

(i) Form 10—by the substitution of the words " FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976 " for the words "MARRIED WOMEN (MAINTENANCE IN CASE OF DESERTION) ACT, 1886 (AS AMENDED)"; by the substitution of the words "that you being the spouse of the above named complainant have failed to provide such maintenance as is proper in the circumstances for the said complainant (and the dependent children of the family namely" for the words "that you being the husband of the above named complainant and being able wholly and in part to maintain her (and her family namely".

(ii) Form 11—by the substitution of the words " FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976 " for the words "MARRIED WOMEN (MAINTENANCE IN CASE OF DESERTION (ACT, 1886) AS AMENDED,".

(iii) Form 13—by the substitution of the words "three years" for the words "six months" and the substitution of the words "first took up residence in the State" for the words "first entered the State".

(iv) Form 17—by the substitution of the words " Family Law (Maintenance of Spouses and Children) Act, 1976 " for the words "Married Women (Maintenance in case of Desertion) Act, 1886".

(v) Form 19—by the substitution of the words " FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976 " for the words "MARRIED WOMEN (MAINTENANCE IN CASE OF DESERTION) ACT, 1886 (AS AMENDED); by the deletion of the words "a married woman" in line 2; by the substitution of the words "being the spouse of the said complainant and now residing at .............................. has failed to provide such maintenance as is proper in the circumstances for the said complainant (and the dependent children of the family)" for the words "being the husband of the said complainant and now residing at .................................. and being able wholly or in part to maintain her (and her family) wilfully refuses or neglects to do so and has deserted her;"; by the deletion of the words "his wife," at items 1. 2. and 4.; and by the insertion before the date and signature of the following—

"(AND pursuant to section 9 (1) (a*) of the Family Law (Maintenance of Spouses and Children) Act, 1976 ), the COURT DIRECTS that the payments aforesaid be made to the District Court Clerk at ....................................... for transmission to the Complainant)

(AND the complainant 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 Family Law (Maintenance of Spouses and Children) Act, 1976 )".

(vi) Form 20—by the substitution of the words " FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976 " for the words "MARRIED WOMEN (MAINTENANCE IN CASE OF DESERTION) ACT, 1886 (AS AMENDED)"; by the deletion of the words "his wife," from items 2. 3. and 5; and by the insertion immediately before the date and signature of the following—

"(AND pursuant to section 9 (1) (a*) of the Family Law (Maintenance of Spouses and Children) Act, 1976 , the COURT DIRECTS that the payments aforesaid be made to the District Court Clerk at ......................................... for transmission to the Complainant)

(viii) Form 21—by the substitution of the words "three years" for the words "six months"; by the substitution of the words "first took up residence in the State" for the words "first entered the State"; by the insertion before the date and signature of the following—

"(AND pursuant to section 3 (10) of the Illegitimate Children (Affiliation Orders) Act, 1930 , (inserted by section 28 of the Family Law (Maintenance of Spouses and Children) Act, 1976 , the COURT DIRECTS that the payments aforesaid be made to the District Court Clerk at ....................................... for transmission to the Applicant)

*(AND the applicant 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 3 (10) of the Illegitimate Children (Affiliation Orders) Act, 1930 (inserted by section 28 of the Family Law (Maintenance of Spouses and Children) Act, 1976 )"

(vii) Form 22—by the insertion before the date and signature of the following—

"*(AND pursuant to section 3 (10) of the Illegitimate Children (Affiliation Orders) Act, 1930 , (inserted by section 28 of the Family Law (Maintenace of Spouses and Children) Act, 1976), the COURT DIRECTS that the payments aforesaid be made to the District Court Clerk at....................................... for transmission to the Applicant)

*(AND the applicant 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 3 (10) of the illegitimate Children (Affiliation Orders) Act, 1930 , (inserted by section 20 of the Family Law (Maintenance of Spouses and Children) Act, 1976 )".


Form 7	Rule 5

SUMMONS UNDER SECTION 4 (3) (d) OF THE ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930


District Court Area of	District No.
	............................................................ ...........Applicant
	............................................................ ........Respondent

WHEREAS it has been represented to me by the above named Applicant of.............................................. that the illegitimate child named............................................ will attain the age of 16 years on the day of 19 and that by Affiliation Order dated day of 19 made at the sitting of the District Court at.................................. the weekly sum of £ was payable by you the above named respondent of............................................................ .......... in respect of such child and that such child (on account of physical or mental disability will not be able to maintain himself fully) * (that such child (is) * (will be) attending an educational institution to wit...................................*Delete whichever Inapplicable.

THIS IS TO COMMAND YOU to appear as Respondent at the sitting of the District Court at......................................in court area and district aforesaid on the day of 19, on the hearing of an application for an order continuing the weekly payment under the said Affiliation Order *(for the lifetime of such child) * (until such child attains the age of 21 years)


Dated this	day of	19 .
		Signed............................................................ ...............................
		Justice of the District Court, Peace Commissioner, or District Court Clerk

the above named Respondent

*Delete whichever inapplicable.


Form 7A	Rule 5 (2)

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930

section 4A (1) SUMMONS


District Court Area of	District No.
	............................................................ ...........Applicant
	............................................................ .....Respondent

YOU ARE HEREBY required to appear at the sitting of the District Court at ..........................................in court area and district aforesaid on theday of 19 upon the hearing of an application on behalf of the above named Applicant of........................ that you the above named respondent........................................ of....................................................being the parent of illegitimate child named.................................................... and having failed to provide such maintenance for such child as is proper in the circumstances pay to the above named Applicant such weekly payments for the support of such child as the Court shall determine.


Dated this	day of	19 .
		Signed............................................................ ...............................
		Justice of the District Court, Peace Commissioner, or District Court Clerk

the above named Respondent


Form 11A	Rule 7A

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930

section 5 (3)

SUMMONS TO DISCHARGE AFFILIATION ORDER


District Court Area of	District No.
	............................................................ ...........Applicant
	............................................................ .....Respondent

YOU ARE HEREBY required to appear at the sitting of the District Court at ................................................ in court area and district aforesaid

on the day of 19at .m. upon the hearing of an application on behalf of the above named respondent of .................. in court area and district aforesaid

to have the Affiliation Order made at the sitting of the District Court at ........................... on the day of 19, whereby the above named respondent was ordered to pay to the above named applicant the sum of £ per week for the maintenance and education of illegitimate child named ....................................................

DISCHARGED on the grounds that the said child has ceased to be a child.


Dated this	day of	19 .
		Signed............................................................ .............................
		Justice of the District Court, or Peace Commissioner, or District Court Clerk

the above named Applicant.


Form 22A	Rule 16 (3) (A)

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930

ORDER UNDER SECTION 4A (1)


District Court Area of	District No.
	............................................................ ...........Applicant
	............................................................ .....Respondent

WHEREAS on the hearing of an application on the day of 19, brought by the above named applicant

of ............................................................ ............................................................ ............................................................ ....

in court area and district aforesaid that you the above named respondent of ......................................................

being the parent of illegitimate child named ............................................................ .................................................... born on day of 19 ,have failed to provide such maintenance for such child as is proper in the circumstances,

AND after hearing the evidence tendered by or on behalf of the applicant *(and the respondent)

AND WHEREAS the Court is satisfied—

(i) that the summons herein dated day of 19was duly served on the respondent;

(ii) that the said respondent is the parent of the said child;

(iii) that an affiliation order, an order under section 4 (4) or section 10 of the Illegitimate children (Affiliation Orders) Act, 1930 , has not been made against you;

*(iv) that the said respondent is not complying with an Affiliation order, an order under section 4 (4) or an agreement approved under section 10 of the Illegitimate Children (Affiliation Orders) Act, 1930 ;

THE COURT HEREBY ORDERS—

That the said respondent, being the parent of the said illegitimate child, pay the weekly sum of £ to the above named applicant for the maintenance and education of such child until such child attains the age of 16 years.

That the said respondent pay to the said applicant the sum of £ being the costs and expenses incurred in obtaining this order;

That the first of such payments be made on the day of 19 .*Delete whichever inapplicable.

*(AND pursuant to section 3 (10) of the above Act (inserted by section 28 of the Family Law (Maintenance of Spouses and Children) Act, 1976 ) the COURT DIRECTS that the payments aforesaid be made to the District Court Clerk at ..................................... for transmission to the said applicant).

*(AND the said applicant 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 3 (10) of the above Act (inserted by section 28 of the Family Law (Maintenance of Spouses and Children) Act, 1976 ).


Dated this	day of	19 .
		Signed ............................................................ .............................
		Justice of the District Court

*Delete whichever inapplicable.

SCHEDULE B


Form 20	Rule 16 (1)

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930 AFFILIATION ORDER MADE ON THE APPLICATION OF MOTHER


District Court Area of	District No.
	............................................................ ..........Applicant
	............................................................ .......Respondent

WHEREAS an application was made this day for an Affiliation Order by the above named applicant, who is (a) ....................................... residing at ............................................................ .. in court area and district aforesaid and who was delivered of an illegitimate child named ............................................................ ...... on the day of 19;

AND WHEREAS an information, on oath and in writing, was made by the applicant on the day of 19, identifying the above respondent

of ............................................................ .......... as the father of the said illegitimate child,

AND after hearing the evidence tendered by or on behalf of the applicant and evidence of corroboration in a material particular of the applicant's evidence,

† AND after hearing the evidence tendered by or on behalf of the respondent;

† Delete where inapplicable.

AND WHEREAS the Court is satisfied—

[(i) that the said respondent contributed to the maintenance of the said child within three years after its birth, was not resident in the State at the date of the birth of the said child and first took up residence in the State within three years immediately prior to the institution of these proceedings, *was resident in the State at the date of the birth of the said child but ceased to be so resident within three years after the date of the said birth and first took up residence in the State after such cesser within three years immediately prior to the institution of these proceedings,]

(ii) that the said child (b) , and

(iii) that the said respondent is the father of the said child

AND WHEREAS the Court is further satisfied that the summons herein dated day of 19 , was duly served on the respondent. (contd.)

THE COURT HEREBY ORDERS—

That the said respondent be adjudged to be the putative father of the said child.

That the said respondent pay to the said applicant the sum of £ being the expenses incurred incidental to the birth of the said child.

That the said respondent pay to the said applicant the weekly sum of £ for the maintenance and education of the said child until such child shall attain the age of 16 years.

That the first of such weekly payments be made on the day

of 19 .

†5. That in lieu of weekly payments that the respondent pay to the said applicant the lump sum of £ to be paid within days (the said respondent so consenting)

†6. That the said respondent pay to the said applicant the sum of £ being the funeral expenses of the said child.

That the said respondent pay to the said applicant the sum of £ being the costs incurred in obtaining this order.

*(AND pursuant to section 3 (10) of the above Act (inserted by section 28 of the Family Law (Maintenance of Spouses and Children) Act, 1976 , the COURT DIRECTS that the payments aforesaid be made to the District Court Clerk at ...................................... for transmission to the said applicant).


Dated this	day of	19,
		Signed............................................................ ...............................
		Justice of the District Court

( a ) State whether "single woman" or "Widow" or "married woman living separate from her husband" or "married woman not living separate from her husband, whom she married on the day of 19, and who before the said marriage was delivered of an illegitimate child"

( b ) Insert "is still alive" or "died on the day of 19".

SCHEDULE B


Form 21	Rule 16 (2)

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930 AFFILIATION ORDER MADE ON THE APPLICATION OF LOCAL BODY


District Court Area of	District No.
	............................................................ ...........Applicant
	............................................................ ......Respondent

WHEREAS an application was made this day for an Affiliation Order by .......................................... the above applicant being a Local Body administering the relief of the poor,

AND WHEREAS an information, on oath and in writing, was made by ............................................................ ............................................................ ............................................................ ........

who is (a) ............................................................ .... residing at ........................................ in court area and district aforesaid and who was delivered of an illegitimate child named .................. on the day of 19 , identifying the above named respondent of .................................. as the father of the said illegitimate child,

AND after hearing the evidence tendered by or on behalf of the said ............................... and evidence of corroboration in a material particular of the said ....................... evidence,

AND after hearing the evidence tendered by or on behalf of the respondent; Delete where inapplicable.

AND WHEREAS the Court is satisfied—†Insert as the case may be the appropriate particulars.

[(1) that the said respondent †contributed to the maintenance of the said child within three years after its birth, †was not resident in the State at the date of the birth of the said child and first took up residence in the State within three years immediately prior to the institution of these proceedings, †was resident in the State at the date of the birth of the said child but ceased to be so resident within three years after the date of the said birth and first took up residence in the State after such cesser within three years immediately prior to the institution of these proceedings]

(ii) that the said child (b)

(iii) that the said respondent is the father of the said child

AND WHEREAS the Court is further satisfied—

(i) that the summons herein dated day of 19 , was duly served on the respondent.

(ii) that the above named applicant, a Local Body administering the relief of the poor, was at the date of the issue of the said summons (and now is) giving relief to the said (d)

THE COURT HEREBY ORDERS—

That the said respondent be adjudged to be the putative father of the said child.

That the said respondent pay to the said applicant the sum of £ being the expenses incurred incidental to the birth of the said child.

That the said respondent pay to the said applicant the weekly sum of £ for the support of the said child until such child shall attain the age of 16 years.

That the first of such weekly payments be made on the day of

19 .

*5. That in lieu of weekly payments that the respondent pay to the said applicant the lump sum of £ to be paid withindays (the said respondent so consenting)

*6. That the said respondent pay to the said applicant the sum of £ being the funeral expenses of the said child.

That the said respondent pay to the said applicant the sum of £ being the costs incurred in obtaining this order.

† (AND pursuant to section 3 (10) of the above Act (inserted by section 28 of the Family Law (Maintenance of Spouses and Children) Act, 1976 , the COURT DIRECTS that the payments aforesaid be made to the District Court Clerk at ......................................for transmission to the said applicant).

†(AND the said applicant 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 3 (10) of the above Act (inserted by section 28 of the Family Law (Maintenance of Spouses and Children) Act, 1976 ).


Dated this	day of	19.
		Signed............................................................ ...............................
		Justice of the District Court

( a ) State whether "single woman" or "widow" or "married woman living separate from her husband" or "married woman not living separate from her husband whom she married on the day of 19 "

( b ) Insert "is still alive" or "died on the day of 19"

( d ) Insert "mother" or "illegitimate child"

*Delete where inapplicable.

†Delete whichever inapplicable.

SCHEDULE B


Form 22	Rule 16 (3)

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930

ORDER UNDER SECTION 4 (3) (d)


District Court Area of	District No.
	............................................................ ...........Applicant
	............................................................ ......Respondent

WHEREAS by Affiliation Order dated day of 19 , made at the sitting of the District Court at............................ the above named respondent of..........................was ordered to pay to the above named applicant of.............................................. the weekly sum of £ for the support of illegitimate child named.............................. born on day of 19 , until such child attains the age of 16 years

AND WHEREAS an application was made to the Court on the day of 19 , by the said applicant for an Order continuing

the said payments (for the lifetime of such child) (until such child attains the age of 21 years)

AND WHEREAS the Court is satisfied—

(i) that the summons herein dated day of 19 was duly served on the respondent

*(ii) that the said child will, on account of physical or mental disability, be unable to maintain himself fully

(iii) that the said child (is) *(will be) attending an educational institutionTHE COURT HEREBY ORDERS—

That the said respondent pay to the said applicant the weekly sum of £ for the support of such child (for the lifetime) (until such child attains the age of 21 years).


Dated this	day of	19.
		Signed............................................................ ...............................
		Justice of the District Court

*Delete whichever inapplicable.

SCHEDULE B


Form 26A	Rule 16 (7) (A)

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930

section 5 (3)

ORDER DISCHARGING AFFILIATION ORDER


District Court Area of	District No.
	............................................................ ...........Applicant
	............................................................ ........Respondent

WHEREAS by Affiliation Order dated day of 19 , made at the sitting of the District Court at............................ in court area and district aforesaid the above named respondent of...................................... was ordered to pay to the above named applicant of .........................................the weekly sum of£ for the support of illegitimate child named.......................................... until such child attains the age of sixteen years;

AND WHEREAS an application was made to the Court on the day of 19 , by the said respondent for the discharge of the said order;

And after hearing the evidence tendered by or on behalf of the respondent *(and the applicant);

AND WHEREAS the Court is satisfied—

(i) that the summons herein was duly served on the applicant

(ii) that the person namely ..............................for whose benefit the order was made has ceased to be a child;

THE COURT HEREBY ORDERS that the said Affiliation Order dated day of 19 , be DISCHARGED


Dated this	day of	19 .
		Signed............................................................ ...............................
		Justice of the District Court

*Delete where inapplicable.

GIVEN this 29th day of April, 1976.

Cathal Ó Floinn (Chairman)

Denis P. O'Donovan

John Carr

D. L. Ua Donnchadha

M. Cyril Maguire

R. Knight

Laurence Cullen

Niall Fennelly

Andrew Eddery

I concur in the making of the foregoing Rules.

Dated this 29th day of April, 1976.

PATRICK COONEY,

Minister for Justice.

EXPLANATORY NOTE.

These Rules, which come into operation on 6th May, 1976, regulate the practice and procedure of the District Court under the Family Law (Maintenance of Spouses and Children) Act, 1976 , which amends the law relating to family maintenance and certain aspects of the law relating to affiliation proceedings, and introduces a system of attachment of the earnings of maintenance debtors and certain other miscellaneous reforms in family law.

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