Family Courts Act 2024

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Family Courts Act 2024.

(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for—

(a) different purposes or different provisions,

(b) different courts, different Family Circuit Court circuits and different Family District Court districts, and

(c) the repeal and amendment of different provisions of enactments effected by sections 5 and 6.

2. Interpretation

2. (1) In this Act—

“Act of 1924” means The Courts of Justice Act 1924;

“Act of 1926” means the Court Officers Act 1926;

“Act of 1936” means the Courts of Justice Act 1936;

“Act of 1953” means the Courts of Justice Act 1953;

“Act of 1961” means the Courts (Supplemental Provisions) Act 1961;

“Act of 1964” means the Guardianship of Infants Act 1964;

“Act of 1976” means the Family Home Protection Act 1976;

“Act of 1987” means the Status of Children Act 1987;

“Act of 1989” means the Judicial Separation and Family Law Reform Act 1989;

“Act of 1991” means the Child Care Act 1991;

“Act of 1994” means the Maintenance Act 1994;

“Act of 1995” means the Courts and Court Officers Act 1995;

“Act of 1996” means the Family Law (Divorce) Act 1996;

“Act of 2000” means the Protection of Children (Hague Convention) Act 2000;

“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

“Act of 2015” means the Children and Family Relationships Act 2015;

“Act of 2018” means the Domestic Violence Act 2018;

“Act of 2024” means the Health (Assisted Human Reproduction) Act 2024;

“applicant” means a person seeking a remedy in family law proceedings;

“civil partner” has the same meaning as it has in section 3 of the Act of 2010;

“cohabitant” has the same meaning as it has in section 172 of the Act of 2010;

“enactment” has the same meaning as it has in section 2(1) of the Interpretation Act 2005;

“Family Circuit Court” has the same meaning as it has in section 4(1A) (inserted by section 19) of the Courts (Establishment and Constitution) Act 1961;

“Family District Court” has the same meaning as it has in section 5(1A) (inserted by section 36) of the Courts (Establishment and Constitution) Act 1961;

“Family High Court” has the same meaning as it has in section 2(1A) (inserted by section 9) of the Courts (Establishment and Constitution) Act 1961;

“family law proceedings” means proceedings before a court of competent jurisdiction under any of the following enactments and any proceedings arising from such proceedings:

(a) the Legitimacy Act 1931;

(b) section 8 of the Enforcement of Court Orders Act 1940, in so far as that section relates to the enforcement of maintenance orders;

(c) the Act of 1964;

(d) the Act of 1976;

(e) the Family Law (Maintenance of Spouses and Children) Act 1976;

(f) the Family Law Act 1981;

(g) the Act of 1987;

(h) the Act of 1989;

(i) the Child Abduction and Enforcement of Custody Orders Act 1991;

(j) the Act of 1991;

(k) the Act of 1994;

(l) the Family Law Act 1995;

(m) the Act of 1996;

(n) the Jurisdiction of Courts and Enforcement of Judgments Act 1998, in so far as that Act relates to the enforcement of maintenance orders;

(o) the Act of 2000;

(p) the Civil Registration Act 2004 (other than Part 5B and section 56);

(q) the Adoption Act 2010;

(r) Regulation (EU) No. 606/2013 of the European Parliament and of the Council of 12 June 2013[^1] on mutual recognition of protection measures in civil matters;

(s) the Act of 2010;

(t) the Regulations of 2011;

(u) the Act of 2015;

(v) the Gender Recognition Act 2015;

(w) the Act of 2018;

(x) the Regulations of 2019;

(y) the Regulations of 2022;

(z) the Act of 2024;

(aa) any other enactment which may be prescribed under section 3 for the purposes of this definition;

“Minister” means the Minister for Justice;

“place” includes part of a place, a building or part of a building;

“practising barrister” has the same meaning as it has in the Legal Services Regulation Act 2015;

“practising solicitor” has the same meaning as it has in the Legal Services Regulation Act 2015;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“Regulations of 2011” means the European Communities (Maintenance) Regulations 2011 (S.I. No. 274 of 2011);

“Regulations of 2019” means the European Union (Hague Maintenance Convention) Regulations 2019 (S.I. No. 594 of 2019);

“Regulations of 2022” means the European Communities (Decisions in Matrimonial Matters and in Matters of Parental Responsibility and International Child Abduction) Regulations 2022 (S.I. No. 400 of 2022);

“respondent” means a person against whom a remedy is sought by an applicant in family law proceedings.

(2) A reference in an enactment to—

(a) a “plaintiff”, “claimant” or “petitioner” shall, for the purposes of this Act, be taken to be a reference to an applicant, and

(b) a “defendant” shall, for the purposes of this Act, be taken to be a reference to a respondent.

3. Power to prescribe additional enactments in definition of family law proceedings

3. (1) The Minister may, in accordance with section 2, prescribe an enactment for the purposes of the definition of “family law proceedings”.

(2) In prescribing an enactment under subsection (1), the Minister shall have regard to—

(a) the nature of the proceedings that can be initiated under that enactment, and

(b) the guiding principles in section 8.

4. Orders and regulations

4. Every order (other than an order under section 1(2)) and regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

5. Repeals

5. The enactments specified in column (3) of Schedule 1 are repealed to the extent specified in column (4) of that Schedule.

6. Amendments of miscellaneous enactments

6. The provisions specified in column (4) of the enactments specified in column (3) in Schedule 2 are amended to the extent specified in column (5) of that Schedule.

7. Expenses

7. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas.

PART 2 Guiding Principles

8. Guiding principles

8. (1) In any family law proceedings—

(a) a court sitting to hear and determine family law proceedings, and

(b) a practising barrister or a practising solicitor representing a party in such proceedings,

shall, without prejudice to its or their functions under any enactment or rule of law, have regard to the principles set out in subsection (2).

(2) The principles referred to in subsection (1) are those of:

(a) in proceedings in which the welfare of a child is involved or likely to be affected by the outcome, ensuring that—

(i) the best interests of the child are a primary consideration in the conduct of the proceedings,

(ii) the child is informed, as appropriate to his or her age and capacity and the nature of the proceedings, of developments and progress in the proceedings and the outcome of the proceedings,

(iii) in respect of a child who is capable of forming his or her own views and where the child wishes to express such views, in so far as is practicable, the views of the child are ascertained and given due weight having regard to the age and maturity of the child, and

(iv) there is no unreasonable delay in determining the proceedings;

(b) encouraging and facilitating in so far as is possible the parties to the proceedings to achieve consensus to resolve their family law disputes without recourse to the courts, including by the resolution of issues in dispute by means of alternative dispute resolution methods, such as mediation, unless resolution by such means would not be appropriate due to the nature of the proceedings or the risk of adversely affecting the safety of a party to the proceedings or a child to whom the proceedings relate;

(c) promoting and engaging in active case management practices, including time limits and maximum word counts for submissions;

(d) conducting proceedings in a manner which—

(i) in so far as is possible, is user-friendly and accessible for the parties to those proceedings,

(ii) minimises the risk of the safety of any party to the proceedings or a child to whom the proceedings relate being adversely affected, where the safety of such a party or child is involved,

(iii) expeditiously identifies the issues in dispute,

(iv) in so far as is possible, facilitates the parties in reaching agreement on the resolution of the issues in dispute,

(v) in so far as is possible, minimises conflict between the parties, and

(vi) is just, expeditious and likely to minimise the costs of those proceedings.

(3) In any family law proceedings, the parties to those proceedings shall, without prejudice to their rights and obligations under any enactment or rule of law, have regard to the principles set out in subsection (4).

(4) The principles referred to in subsection (3) are those of:

(a) endeavouring to achieve consensus to resolve family law disputes between the parties to the family law proceedings without recourse to the courts, including by the resolution of issues in dispute by means of alternative dispute resolution methods, such as mediation, unless resolution by such means would not be appropriate due to the nature of the proceedings or the risk of adversely affecting the safety of a party to the proceedings or a child to whom the proceedings relate;

(b) participating in proceedings in a manner which, in so far as is possible—

(i) ensures, in respect of proceedings in which the welfare of a child is involved or likely to be affected by the outcome—

(I) that the best interests of the child are a primary consideration in the conduct of the proceedings, and

(II) that the child is informed, as appropriate to his or her age and capacity and the nature of the proceedings, of developments and progress in the proceedings and the outcome of the proceedings,

(ii) minimises the risk of the safety of any party to the proceedings or a child to whom the proceedings relate being adversely affected, where the safety of such a party or child is involved,

(iii) facilitates agreement being reached on the resolution of the issues in dispute,

(iv) minimises conflict between the parties, and

(v) is expeditious and likely to minimise the costs of those proceedings.

PART 3 Family High Court

9. Establishment and constitution of Family High Court

9. Section 2 of the Courts (Establishment and Constitution) Act 1961 is amended—

(a) by the insertion of the following subsection after subsection (1):

“(1A) On the coming into operation of section 9 of the Family Courts Act 2024, there shall stand established a division of the High Court to be known as ‘an Ard-Chúirt Teaghlaigh’ (‘the Family High Court’).”,

(b) in subsection (2)—

(i) in paragraph (a), by the deletion of “and”,

(ii) by the insertion of the following paragraph after paragraph (a):

“(aa) a judge who shall be styled ‘an Príomh-Bhreitheamh den Ard-Chúirt Teaghlaigh’ (‘the Principal Judge of the Family High Court’), and”,

and

(iii) by the substitution of the following paragraph for paragraph (b):

“(b) such number of ordinary judges (each of whom shall be styled ‘Breitheamh den Ard-Chúirt’ (‘Judge of the High Court’) as may from time to time be fixed by Act of the Oireachtas and, from among those Judges of the High Court, such number of judges (each of whom shall, while so acting, be styled ‘Breitheamh den Ard-Chúirt Teaghlaigh’) (‘Judge of the Family High Court’) as may from time to time be fixed by Act of the Oireachtas.”,

and

(c) in subsection (5)—

(i) by the insertion of the following paragraphs after paragraph (a):

“(aa) Where, owing to the illness of a judge of the Family High Court or for any other reason, a sufficient number of judges of the Family High Court is not available for the transaction of the business of that Court or, on account of the volume of business to be transacted in the Family High Court or for any other reason arising from the state of business in that Court, it is expedient to increase temporarily the number of judges available for the purposes of the Family High Court, the President of the High Court, at the request of the Principal Judge of the Family High Court, may request an ordinary judge of the High Court, who is not already assigned to the Family High Court and whom the President of the High Court believes to be, by reason of his or her training or experience, a suitable person, to sit in the Family High Court on a temporary basis.

(ab) Whenever it appears to the President of the High Court that, in circumstances of urgency, an application in family law proceedings is required to be heard without delay and no judge of the Family High Court is available to hear the application, one or more ordinary judges of the High Court may be assigned by the President to hear the application.”,

(ii) in paragraph (b), by the substitution of “that Court,” for “that Court.”, and

(iii) by the insertion of the following paragraph after paragraph (b):

“(bb) Whenever an ordinary judge of the High Court sits in the Family High Court in accordance with paragraph (aa) or (ab), he or she shall be an additional judge of the Family High Court for all the purposes of that Court.”.

10. Jurisdiction, proceedings and sittings of Family High Court

10. The Act of 1961 is amended by the insertion of the following sections after section 8:

“General jurisdiction of Family High Court

8A. (1) On the coming into operation of section 10 of the Act of 2024, the Family High Court may exercise, in addition to the original and inherent jurisdiction of the High Court, the exclusive jurisdiction in family law proceedings for which jurisdiction of the High Court was provided in the following enactments before the coming into operation of that section:

(a) the Adoption Act 2010;

(b) the Child Abduction and Enforcement of Custody Orders Act 1991;

(c) the European Communities (Decisions in Matrimonial Matters and in Matters of Parental Responsibility and International Child Abduction) Regulations 2022 (S.I. No. 400 of 2022);

(d) Part IVA of the Child Care Act 1991.

(2) The jurisdiction of the Family High Court shall include the hearing of—

(a) appeals of decisions of the Family Circuit Court (other than decisions of that Court in respect of appeals from the Family District Court), and

(b) cases stated from the Family District Court and the Family Circuit Court.

Exercise of jurisdiction by judges of Family High Court

8B. The jurisdiction of the Family High Court shall be exercisable by the Principal Judge of the Family High Court and by each judge of the Family High Court save that, where the Principal Judge of the Family High Court directs that 2 or more such judges shall sit together for the purpose of a particular case, the jurisdiction of the Court for that purpose shall be exercised by those judges sitting together.

Proceedings and sittings of Family High Court

8C. (1) An application to the Family High Court to commence family law proceedings shall state in the originating document—

(a) subject to any rules of court or practice direction, the circumstances giving rise to the application, and

(b) subject to subsection (2), whether or not mediation under the Mediation Act 2017 has been attempted.

(2) Subsection (1)(b) shall not apply to an application to commence proceedings under—

(a) the Status of Children Act 1987,

(b) the Child Care Act 1991,

(c) section 29 of the Family Law Act 1995,

(d) nullity proceedings under the Family Law Act 1995,

(e) the Civil Registration Act 2004,

(f) section 4 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010,

(g) nullity proceedings under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010,

(h) the Adoption Act 2010,

(i) Regulation (EU) No. 606/2013 of the European Parliament and of the Council of 12 June 2013[^2] on mutual recognition of protection measures in civil matters,

(j) the Children and Family Relationships Act 2015,

(k) the Gender Recognition Act 2015, or

(l) the Domestic Violence Act 2018.

(3) Upon his or her own motion or upon the request of a party to family law proceedings, a judge of the Family High Court may, at any stage during the proceedings, if he or she considers that mediation or another alternative dispute resolution process would assist in resolving some or all of the issues in dispute, suspend the proceedings to allow the parties to seek to resolve those issues through such means.

(4) In considering whether to suspend the proceedings under subsection (3), the judge shall endeavour to ensure that any suspension of proceedings does not have the effect of—

(a) adversely affecting the safety of a party to the proceedings or a child to whom the proceedings relate,

(b) unduly delaying the resolution of the issues in dispute, or

(c) materially increasing the costs of proceedings.

(5) Family High Court proceedings shall be as informal as is practicable and consistent with the administration of justice.

(6) Neither a judge sitting in the Family High Court nor a barrister nor a solicitor appearing in that Court shall wear a wig or gown.

(7) Subject to subsection (8), the Family High Court shall sit to hear and determine family law proceedings either—

(a) in a different building or room from the building or room in which sittings of any other court (other than the Family Circuit Court or the Family District Court) are held, or