FAMILY COURTS ACT 2024

An Act to provide for the establishment of a Family High Court, Family Circuit Court and Family District Court as divisions of the existing High Court, Circuit Court and District Court; to provide for the reallocation of jurisdiction in family law proceedings between the family courts; to provide for the assignment of Principal Judges and other judges to the family courts; to provide for the establishment of Family Circuit Court circuits and Family District Court districts; to provide for matters supplementary to the establishment of the family courts and matters relating to the judges of those courts; to make provision in relation to the conduct of family law proceedings before such courts; to make further provision in respect of rules of court in family law proceedings and to provide for the establishment of a Family Courts Practice and Procedure Committee; and, for those and other purposes, to amend the Courts of Justice Act 1924, the Court Officers Act 1926, the Legitimacy Act 1931, the Courts of Justice Act 1936, the Enforcement of Court Orders Act 1940, the Courts of Justice Act 1953, the Courts (Establishment and Constitution) Act 1961, the Courts (Supplemental Provisions) Act 1961, the Guardianship of Infants Act 1964, the Family Home Protection Act 1976, the Family Law (Maintenance of Spouses and Children) Act 1976, the Courts Act 1981, the Family Law Act 1981, the Status of Children Act 1987, the Judicial Separation and Family Law Reform Act 1989, the Child Care Act 1991, the Child Abduction and Enforcement of Custody Orders Act 1991, the Maintenance Act 1994, the Family Law Act 1995, the Civil Legal Aid Act 1995, the Family Law (Divorce) Act 1996, the Jurisdiction of Courts and Enforcement of Judgments Act 1998, the Protection of Children (Hague Convention) Act 2000, the Courts and Court Officers Act 1995, the Courts (No. 2) Act 1997, the Courts and Court Officers Act 2002, the Civil Registration Act 2004, the Social Welfare Consolidation Act 2005, the Land and Conveyancing Law Reform Act 2009, the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, the Adoption Act 2010, the European Communities (Maintenance) Regulations 2011 (S.I. No. 274 of 2011), the Children and Family Relationships Act 2015, the Gender Recognition Act 2015, the Domestic Violence Act 2018, the Judicial Appointments Commission Act 2023, the Health (Assisted Human Reproduction) Act 2024, the European Union (Hague Maintenance Convention) Regulations 2019 (S.I. No. 594 of 2019), 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) and certain other enactments; to provide for the protection of parties in family law proceedings; to provide for the repeal of certain enactments; and to provide for related matters.

[13th November, 2024]

Be it enacted by the Oireachtas as follows:

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 2013¹ 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 2013² 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

  • (b) on different days or at different times from the days on which, or times at which, sittings of any such other court (other than the Family Circuit Court or the Family District Court) are held.

• (8) Subsection (7) shall not apply where—

  • (a) the safety or welfare of a party to the proceedings or a child to whom the proceedings relate is likely to be adversely affected if the proceedings are not heard as a matter of urgency, or

  • (b) due to the urgency of the case or in exceptional circumstances the court is satisfied that compliance with that subsection is not possible.”.

11. Functions of Principal Judge of Family High Court

11. Section 10 of the Act of 1961 is amended by the insertion of the following subsections after subsection (3):

• “(3A) Without prejudice to subsection (3), it shall be a function of the Principal Judge of the Family High Court to arrange the distribution and allocation of the business of the Family High Court.

• (3B) In performing a function under subsection (3A), the Principal Judge of the Family High Court shall—

  • (a) engage with the Courts Service, in such manner as may be agreed between the Principal Judge and the Courts Service, on relevant matters related to the functions of the Courts Service under section 5 of the Courts Service Act 1998 in relation to that Court, and

  • (b) have regard to the information provided, and the views expressed, by the Courts Service on such matters in the course of the engagement under paragraph (a).

• (3C) The engagement by the Courts Service under subsection (3B) shall not be exercised so as to interfere with the conduct of that part of the business of the Family High Court required by law to be transacted by or before the Principal Judge of the Family High Court or to impugn the independence of the Principal Judge of the Family High Court in the performance of his or her judicial functions.

• (3D) The Principal Judge of the Family High Court shall, without prejudice to his or her functions under any enactment or rule of law, take such steps as he or she considers appropriate for the purposes of ensuring—

  • (a) the implementation of the guiding principles in section 8 of the Act of 2024, and

  • (b) the efficiency of court business including, to the extent possible, that there is appropriate consistency in the exercise of jurisdiction by the judges of that Court.

• (3E) The Principal Judge of the Family High Court may, where he or she sees fit, make recommendations to the President of the High Court in relation to the number of judges to be assigned to the Family High Court.”.

12. Judge of Family High Court may issue orders or directions in family law proceedings

12. Without prejudice to his or her functions under any enactment or rule of law and subject to any practice direction issued under section 13—

• (a) the Principal Judge of the Family High Court sitting alone, or

• (b) any other judge of the Family High Court sitting alone as may be nominated for that purpose by the Principal Judge of the Family High Court,

may, in the interests of the administration of justice and the determination of proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings, make any order or give any direction he or she thinks appropriate in relation to the conduct of proceedings before the Family High Court.

13. Principal Judge of Family High Court may issue practice directions

13. (1) The Principal Judge of the Family High Court may, in the interests of the administration of justice and the determination of family law proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings, issue directions in relation to the conduct of appeals or applications made to the Family High Court.

• (2) A practice direction issued under subsection (1) may make provision for such incidental, supplementary and consequential matters, including in respect of a failure to comply with any matter provided for in a direction, as appear to the Principal Judge of the Family High Court to be necessary or expedient for the purposes of the direction.

• (3) The Principal Judge of the Family High Court may, in accordance with subsection (4) and in the interests of the administration of justice and the determination of family law proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings—

• (a) issue directions, for the purpose of the exercise by the Family High Court of a power under any enactment or rule of law to transfer such proceedings to another court where it considers it appropriate to do so or that there was no good reason for the proceedings to have been initiated in the Family High Court, relating to the matters which the Family High Court is to include in such consideration, and

• (b) where family law proceedings may, under an enactment, be initiated in more than one court, issue directions relating to the circumstances in which, and the criteria by which, such proceedings may appropriately be initiated in the Family High Court.

• (4) In performing a function under subsection (1) or (3), the Principal Judge of the Family High Court shall consult with the Family Courts Practice and Procedure Committee.

• (5) In performing a function under subsection (1) or (3), the Principal Judge of the Family High Court shall—

• (a) consult with the President of the High Court, and

• (b) ensure that there is no conflict between the practice direction to be issued and a practice direction that has been or, as the case may be, is to be issued by the President of the High Court.

• (6) In the event that there is a conflict between a practice direction issued by the President of the High Court and a practice direction issued by the Principal Judge of the Family High Court under subsection (1) or (3), the practice direction issued by the former shall take precedence.

• (7)
• (a) In performing a function under subsection (1) or (3), the Principal Judge of the Family High Court shall engage with the Courts Service on any practice direction that he or she considers is likely to have a material impact on the performance by the Courts Service of its functions under section 5 of the Courts Service Act 1998 and shall have regard to the information provided by the Courts Service under paragraph (b).

• (b) Where the Courts Service considers, in the course of the engagement under paragraph (a), that the making of a practice direction would materially impact the performance by the Courts Service of its functions under section 5 of the Courts Service Act 1998, the Courts Service shall inform the President of the High Court and the Principal Judge of the Family High Court of the potential impact it has identified.

• (8) The engagement by the Courts Service under subsection (7) shall not be exercised so as to interfere with the conduct of that part of the business of the Family High Court required by law to be transacted by or before the Principal Judge of the Family High Court or to impugn the independence of the Principal Judge of the Family High Court in the performance of his or her judicial functions.

• (9) In performing a function under subsection (1) or (3), the Principal Judge of the Family High Court shall have regard to the guiding principles in section 8.

• (10) A practice direction shall be published in such manner as the Principal Judge of the Family High Court may direct.

• (11) This section is without prejudice to any powers of the Family High Court in respect of proceedings before it.

• (12) In this section—

“appeal” includes a cross-appeal or request to vary an order under appeal;

“practice direction” means a direction issued under subsection (1) or (3).

14. Qualification for assignment as Principal Judge of Family High Court

14. Section 5 of the Act of 1961 is amended by the substitution of the following subsection for subsection (7):

• “(7) An ordinary judge of the High Court shall be qualified for—

  • (a) appointment as an ordinary judge of the Court of Appeal or of the Supreme Court or as President of the High Court, President of the Court of Appeal or Chief Justice, or

  • (b) assignment as Principal Judge of the Family High Court.”.

15. Assignment of Principal Judge of Family High Court

15. (1) Subject to subsection (2), the President of the High Court may assign an ordinary judge of the High Court who, by reason of his or her training or experience and his or her temperament, is a suitable person to deal with family law proceedings to be, and who shall be known as, the Principal Judge of the Family High Court.

• (2) For the purposes of making an assignment under subsection (1), the President of the High Court shall select the ordinary judge of the High Court to be assigned as Principal Judge of the Family High Court in accordance with a selection process specified under subsection (3).

• (3) The President of the High Court shall—

• (a) prior to specifying a selection process under this subsection, request the Judicial Appointments Commission to make recommendations as to the appropriate selection process to be followed, and

• (b) specify the selection process, which shall be in accordance with the recommendations of the Judicial Appointments Commission provided in compliance with the request under paragraph (a).

• (4) The Judicial Appointments Commission shall comply with a request under subsection (3)(a).

• (5) A person who is to be appointed, or who is appointed, as an ordinary judge of the High Court who wishes to express an interest in being assigned as Principal Judge of the Family High Court by the President of the High Court under subsection (1) may forward an expression of such interest to the President of the High Court.

• (6) An expression of interest referred to in subsection (5) shall not be forwarded by the person expressing the interest to any person other than the President of the High Court.

• (7) Where the President of the High Court is satisfied that it is in the interests of the good administration of the High Court or the Family High Court to do so, he or she may—

• (a) reassign the Principal Judge of the Family High Court to the High Court, and

• (b) assign a new Principal Judge of the Family High Court under subsection (1) to take the place of the judge reassigned under paragraph (a).

• (8) The President of the High Court, in exceptional circumstances where required by the exigencies of the High Court, may request the Principal Judge of the Family High Court from time to time to sit as, and exercise any of the powers of, an ordinary judge of the High Court.

• (9) Subject to subsection (7), a person who, on and after the coming into operation of this section, is assigned as the Principal Judge of the Family High Court shall be so assigned—

• (a) for a period of not less than 4 years, or

• (b) until he or she reaches the appropriate age of judicial retirement as an ordinary judge of the High Court,

whichever occurs first, and, in a case to which paragraph (a) relates, shall not, on the expiry of the period referred to in that paragraph, be eligible for reassignment as the Principal Judge of the Family High Court.

• (10) Where the Principal Judge of the Family High Court has completed 4 years in his or her assignment under subsection (1), he or she may request that his or her assignment be terminated.

• (11) Where the period of assignment of a Principal Judge of the Family High Court referred to in subsection (9)(a) expires, or is terminated pursuant to a request under subsection (10), the President of the High Court may at any time thereafter reassign the judge concerned—

• (a) under section 16(1) to be a judge of the Family High Court, or

• (b) to fill a vacancy for an ordinary judge in the High Court.

• (12) Where a judge is reassigned in accordance with subsection (7)(a) or (11), he or she shall, at the request of the President of the High Court, complete the hearing of any case that has been partly heard by him or her during his or her assignment as Principal Judge of the Family High Court.

16. Assignment of judge of High Court as judge of Family High Court

16. (1) The President of the High Court may assign an ordinary judge of the High Court to be a judge of the Family High Court where he or she is satisfied that the judge concerned is, by reason of his or her training or experience and his or her temperament, a suitable person to deal with family law proceedings.

• (2) The President of the High Court, in exceptional circumstances where required by the exigencies of the High Court and following consultation by the President of the High Court with the Principal Judge of the Family High Court, may request a judge of the Family High Court from time to time to sit as, and exercise any of the powers of, an ordinary judge of the High Court.

• (3) Subject to subsection (8), a person who, on and after the coming into operation of this section, is assigned as a judge of the Family High Court shall be so assigned—

• (a) for a term of not less than 3 years, or

• (b) until he or she reaches the appropriate age of judicial retirement as an ordinary judge of the High Court,

whichever occurs first, and, in a case to which paragraph (a) relates, shall, on the expiry of the period referred to in that paragraph, be eligible for reassignment under subsection (1) as a judge of the Family High Court.

• (4) A person who is to be appointed, or who is appointed, an ordinary judge of the High Court who wishes to express an interest in being assigned by the President of the High Court under subsection (1) may forward an expression of such interest to the President of the High Court.

• (5) An expression of interest referred to in subsection (4) shall not be forwarded by the person expressing the interest to any person other than the President of the High Court.

• (6) An ordinary judge of the High Court who is assigned to the Family High Court and who has completed 3 years as a judge of the Family High Court may request that his or her assignment be terminated.

• (7) Where the period of assignment of an ordinary judge of the Family High Court referred to in subsection (3)(a) expires, or is terminated pursuant to a request under subsection (6), the President of the High Court may at any time thereafter reassign the judge concerned to fill a vacancy for a judge in the High Court.

• (8) Where the President of the High Court, in consultation with the Principal Judge of the Family High Court, is satisfied that it is in the interests of the good administration of the High Court or the Family High Court to do so, he or she may—

• (a) reassign a judge of the Family High Court to the High Court, and

• (b) assign a new judge of the Family High Court under subsection (1) to take the place of the judge reassigned under paragraph (a).

• (9) Where a judge is reassigned under subsection (7) or subsection (8)(a), he or she shall, at the request of the Principal Judge of the Family High Court, complete the hearing of any case that has been partly heard by him or her during his or her assignment as a judge of the Family High Court.

17. Family High Court on Circuit

17. The Act of 1936 is amended—

• (a) by the insertion of the following section after section 33:

“Family High Court Circuits

33A. (1) The Courts Service, after consultation with the President of the High Court and the Principal Judge of the Family High Court, may by order—

• (a) divide the State into Family High Court Circuits and make the distribution of the several counties in the State (other than the city of Dublin and the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin) amongst the several Family High Court Circuits as it thinks proper, and

• (b) attach to each such Family High Court Circuit a name by which it shall be known.

• (2) The Courts Service, after consultation with the President of the High Court and the Principal Judge of the Family High Court, may by order—

  • (a) alter the composition of a Family High Court Circuit by adding or removing part of a geographical area, and

  • (b) where appropriate, attach to the Family High Court Circuit a name by which it shall be known in substitution for its existing name.

• (3) An order under subsection (2) may make provision for the continuation and completion of any family law proceedings in a Family High Court Circuit to which the order relates—

  • (a) initiated before the commencement of the order, and

  • (b) not completed before such commencement.

• (4) For the purposes of subsection (3), proceedings shall be regarded as being initiated on the day on which the originating document relating to the proceedings was issued.

• (5) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either such House shall, within the next 21 days on which such House sits after such order is laid before it, pass a resolution annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”,

• (b) by the insertion of the following section after section 34:

“Family High Court on Circuit

34A. (1) Subject to subsections (6), (7) and (8), the Family High Court shall, not less than once in every year, at such times as shall be determined by the Principal Judge of the Family High Court, in consultation with the President of the High Court and having regard to any information provided by the Courts Service in relation to such sittings for which the Courts Service is responsible, sit in the appeal towns referred to in subsection (2) for the purposes mentioned in that subsection and to sit and hear family law proceedings.

• (2) Subject to subsections (6), (7) and (8), the Principal Judge of the Family High Court, following consultation with the President of the High Court and having regard to any relevant information provided by the Courts Service, shall designate the appeal towns in which the Family High Court shall sit in accordance with subsection (1) to hear appeals from the Family Circuit Court.

• (3) For the purposes of this section, one or more judges of the Family High Court shall hold sittings of the Family High Court in the appeal towns referred to in subsection (2) where their attendance is required as determined by the Principal Judge of the Family High Court, in consultation with the President of the High Court.

• (4) The Family High Court when sitting in an appeal town in accordance with this section shall be known and is in this Act referred to as ‘the Family High Court on Circuit’, and the sittings of the Family High Court in any such appeal town in accordance with this section shall be known and are in this Act referred to as ‘sittings of the Family High Court on Circuit’.

• (5) The Principal Judge of the Family High Court, following consultation with the President of the High Court and having regard to any information provided by the Courts Service on the number of matters listed for hearing and to the guiding principles in section 8, shall determine, in respect of each sitting of the Family High Court on Circuit, the number of judges who shall sit for the purposes of the Family High Court on Circuit and the day and hour at which such sittings shall commence in an appeal town on each such Circuit and shall notify the Courts Service of that determination.

• (6) Where in respect of any sitting of the Family High Court on Circuit, the judge (or if more than one judge shall be sitting, the senior of the judges) who shall be sitting ascertains that there is no business to be transacted at such sittings in any particular appeal town, that judge shall, following engagement with the Courts Service, notify the Principal Judge of the Family High Court of that fact and may direct in writing that it shall not be obligatory to hold such sitting in that appeal town.

• (7) Where the Principal Judge of the Family High Court, following consultation with the President of the High Court, determines that the effective discharge of the business of the Family High Court so requires, he or she may direct that no sitting of the Family High Court on Circuit shall be held in a particular appeal town in a particular year and shall notify the Courts Service of any such direction.

• (8) Where the Principal Judge of the Family High Court, following consultation with the President of the High Court, gives a direction in accordance with subsection (7), appeals from the Family Circuit Court which would, but for such direction, be due for hearing in the appeal town concerned, shall be heard at—

  • (a) a sitting of the Family High Court on Circuit in such other appeal town, or

  • (b) the Family High Court sitting in Dublin,

  as the Principal Judge of the Family High Court may direct.

• (9) Where the Principal Judge of the Family High Court, following consultation with the President of the High Court, gives a direction under this section, he or she shall make arrangements for the direction to be sent to the county registrar for the county in which any appeal town so affected is situate.”,

and

• (c) by the insertion of the following section after section 35:

“Judges of Family High Court on Circuit

35A. The Principal Judge of the Family High Court shall, if and when he or she thinks proper, travel and sit as a judge of the Family High Court on Circuit, and every other judge of the Family High Court shall travel and sit as a judge of the Family High Court when requested by the Principal Judge of the Family High Court to do so.”.

18. Amendment of Act of 1995

18. The Act of 1995 is amended—

• (a) in section 25, by the substitution of the following subsection for subsection (1):

• “(1) Subject to subsection (2) of this section and section 26 of this Act, the Master of the High Court may, in all such applications made ex parte or by motion on notice whether interlocutory or otherwise and in all such applications for judgment by consent or in default of appearance or defence as may from time to time be allocated for hearing by the Master of the High Court by the President of the High Court or, for matters within the jurisdiction of the Family High Court, the Principal Judge of the Family High Court, exercise all the functions, powers and jurisdiction which a judge of the High Court, or the Family High Court, as the case may be, exercises from time to time.”,

and

• (b) in section 50—

• (i) in subsection (1), by the insertion of “or, in the case of a debt arising in family law proceedings, the Family High Court” after “in the High Court for a debt or a liquidated sum”,

• (ii) in subsection (2), by the insertion of “or in the Family High Court for a debt arising in family law proceedings” after “in the High Court for a debt or a liquidated sum”,

• (iii) in subsection (3), by the insertion of “or, in the case of a debt arising in family law proceedings, the Family Circuit Court” after “in the Circuit Court for a debt or a liquidated sum”,

• (iv) in subsection (4), by the insertion of “or, in the case of family law proceedings, a judge of the Family High Court” after “High Court”, and

• (v) in subsection (5), by the insertion of “or, in the case of family law proceedings, a judge of the Family Circuit Court” after “Circuit Court”.

PART 4 Family Circuit Court

Chapter 1 Establishment, jurisdiction and proceedings of Family Circuit Court

19. Establishment and constitution of Family Circuit Court

19. Section 4 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 19 of the Family Courts Act 2024, there shall stand established a division of the Circuit Court to be known as ‘an Chúirt Chuarda Teaghlaigh’ (‘the Family Circuit Court’).”,

and

• (b) in subsection (2)—

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

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

and

• (ii) by the substitution of the following paragraph for paragraph (b):

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

20. Jurisdiction of Family Circuit Court and exercise of jurisdiction by judges of Family Circuit Court

20. The Act of 1961 is amended by the insertion of the following section after section 22:

“Jurisdiction of Family Circuit Court and exercise of jurisdiction by judges of Family Circuit Court

22A. (1) Subject to subsections (2) and (3), jurisdiction vested in the Family Circuit Court is exercisable by a judge of the Family Circuit Court for the time being assigned to the Family Circuit Court circuit in which—

• (a) a party to the proceedings ordinarily resides or carries on any profession, business or occupation,

• (b) a child whose welfare is the subject of the proceedings resides, has resided or is proposed to reside, or

• (c) a previous application in the same proceedings has been granted.

• (2) In proceedings brought in accordance with subsection (1), the judge to whom the originating application in the proceedings was made may, on the application of a party to the proceedings or of his or her own motion, where the judge decides that it would be in the best interests of a child whose welfare is the subject of the proceedings, or otherwise appropriate to do so in a specific case, direct that jurisdiction may be exercised by a judge of another Family Circuit Court circuit with which the child, or another party to the proceedings, has a connection.

• (3) A judge of the Family Circuit Court may—

  • (a) outside his or her Family Circuit Court circuit, make an order in family law proceedings, or give a direction in relation to the conduct of such proceedings, which he or she has power to make or give within that Family Circuit Court circuit, and

  • (b) within his or her Family Circuit Court circuit, make an order in family law proceedings, or give a direction in relation to the conduct of such proceedings, which he or she would not, by virtue of subsection (1), have the power to make or give,

  where he or she is of the opinion that the order should be made, or the direction be given, as a matter of urgency.

• (4) A judge of the Family Circuit Court may, of his or her own motion or on the application of a party to the proceedings, refer any question of law arising in proceedings before him or her to the Family High Court for determination and the determination of the Family High Court shall be final and conclusive.

• (5) A judge of the Family Circuit Court may hear appeals of decisions of the Family District Court.

• (6) Decisions of the Family Circuit Court (other than decisions of that Court in respect of appeals from the Family District Court) may be appealed to the Family High Court.”.

21. Functions of Principal Judge of Family Circuit Court

21. The Act of 1961 is amended by the insertion of the following section after section 22A:

“Functions of Principal Judge of Family Circuit Court

22B. (1) It shall be a function of the Principal Judge of the Family Circuit Court to arrange the distribution and allocation of the business of the Family Circuit Court.

• (2) In performing a function under subsection (1), the Principal Judge of the Family Circuit Court shall—

  • (a) engage with the Courts Service, in such manner as may be agreed between the Principal Judge and the Courts Service, on relevant matters related to the functions of the Court Service under section 5 of the Courts Service Act 1998 in relation to that Court, and

  • (b) have regard to the information provided, and the views expressed, by the Courts Service on such matters in the course of the engagement under paragraph (a).

• (3) The Principal Judge of the Family Circuit Court shall, without prejudice to his or her functions under any enactment or rule of law, take such steps as he or she considers appropriate for the purposes of ensuring—

  • (a) the implementation of the guiding principles in section 8 of the Act of 2024, and

  • (b) the efficiency of court business including, to the extent possible, that there is appropriate consistency in the exercise of jurisdiction by the judges of that Court.

• (4) The Principal Judge of the Family Circuit Court may, where he or she sees fit, make recommendations to the President of the Circuit Court in relation to the number of judges to be assigned to a Family Circuit Court circuit.

• (5) The Principal Judge of the Family Circuit Court may—

  • (a) following engagement with the Courts Service, and

  • (b) having regard to the information provided, and the views expressed, by the Courts Service in the course of the engagement under paragraph (a) on relevant matters related to its functions under section 5 of the Courts Service Act 1998,

  make recommendations to the President of the Circuit Court in relation to the places for holding sittings of the Family Circuit Court in or for any Family Circuit Court circuit.

• (6) The engagement by the Courts Service under subsections (2) and (5) shall not be exercised so as to interfere with the conduct of that part of the business of the Family Circuit Court required by law to be transacted by or before the Principal Judge of the Family Circuit Court or to impugn the independence of the Principal Judge of the Family Circuit Court in the performance of his or her judicial functions.”.

22. Judge of Family Circuit Court may issue orders or directions in family law proceedings

22. Without prejudice to his or her functions under any enactment or rule of law and subject to any practice direction issued under section 23—

• (a) the Principal Judge of the Family Circuit Court, or

• (b) any other judge of the Family Circuit Court as may be nominated for that purpose by the Principal Judge of the Family Circuit Court,

may, in the interests of the administration of justice and the determination of proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings, make any order or give any direction he or she thinks appropriate in relation to the conduct of proceedings before the Family Circuit Court.

23. Principal Judge of Family Circuit Court may issue practice directions

23. (1) The Principal Judge of the Family Circuit Court may, in the interests of the administration of justice and the determination of family law proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings, issue directions in relation to the conduct of appeals or applications made to the Family Circuit Court.

• (2) A practice direction issued under subsection (1) may make provision for such incidental, supplementary and consequential matters, including in respect of a failure to comply with any matter provided for in a direction, as appear to the Principal Judge of the Family Circuit Court to be necessary or expedient for the purposes of the direction.

• (3) The Principal Judge of the Family Circuit Court may, in accordance with subsection (4) and in the interests of the administration of justice and the determination of family law proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings—

• (a) issue directions, for the purpose of the exercise by the Family Circuit Court of a power under any enactment or rule of law to transfer such proceedings to another court where it considers it appropriate to do so or that there was no good reason for the proceedings to have been initiated in the Family Circuit Court, relating to the matters which the Family Circuit Court is to include in such consideration, and

• (b) where family law proceedings may, under an enactment, be initiated in more than one court, issue directions relating to the circumstances in which, and the criteria by which, such proceedings may appropriately be initiated in the Family Circuit Court.

• (4) In performing a function under subsection (1) or (3), the Principal Judge of the Family Circuit Court shall—

• (a) consult with the Family Courts Practice and Procedure Committee, and

• (b) ensure, in so far as is practicable, having regard to the nature and type of proceedings before the Family Circuit Court, that there is no conflict between the practice direction to be issued and practice directions that have been issued or, as the case may be, are to be issued by the Principal Judge of the Family High Court under section 13 and the Principal Judge of the Family District Court under section 42.

• (5) In the event that there is a conflict between a practice direction issued by the Principal Judge of the Family High Court under section 13(3) and a practice direction issued by the Principal Judge of the Family Circuit Court under subsection (3), the practice direction issued by the former shall take precedence.

• (6) In performing a function under subsection (1) or (3), the Principal Judge of the Family Circuit Court shall—

• (a) consult with the President of the Circuit Court, and

• (b) ensure that there is no conflict between the practice direction to be issued and a practice direction that has been or, as the case may be, is to be issued by the President of the Circuit Court.

• (7) In the event that there is a conflict between a practice direction issued by the President of the Circuit Court and a practice direction issued by the Principal Judge of the Family Circuit Court under subsection (1) or (3), the practice direction issued by the former shall take precedence.

• (8)
• (a) In performing a function under subsection (1) or (3), the Principal Judge of the Family Circuit Court shall engage with the Courts Service on any practice direction that he or she considers is likely to have a material impact on the performance by the Courts Service of its functions under section 5 of the Courts Service Act 1998 and shall have regard to the information provided by the Courts Service under paragraph (b).

• (b) Where the Courts Service considers, in the course of the engagement under paragraph (a), that the making of a practice direction would materially impact the performance by the Courts Service of its functions under section 5 of the Courts Service Act 1998, the Courts Service shall inform the President of the Circuit Court and the Principal Judge of the Family Circuit Court of the potential impact it has identified.

• (9) The engagement by the Courts Service under subsection (8) shall not be exercised so as to interfere with the conduct of that part of the business of the Family Circuit Court required by law to be transacted by or before the Principal Judge of the Family Circuit Court or to impugn the independence of the Principal Judge of the Family Circuit Court in the performance of his or her judicial functions.

• (10) In performing a function under subsection (1) or (3), the Principal Judge of the Family Circuit Court shall have regard to the guiding principles in section 8.

• (11) A practice direction shall be published in such manner as the Principal Judge of the Family Circuit Court may direct.

• (12) This section is without prejudice to any powers of the Family Circuit Court in respect of proceedings before it.

• (13) In this section—

“appeal” includes a cross-appeal or request to vary an order under appeal;

“practice direction” means a direction issued under subsection (1) or (3).

24. Proceedings in Family Circuit Court

24. (1) An application to the Family Circuit Court to commence family law proceedings shall state in the civil bill—

• (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 Act of 1987,

• (b) the Act of 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 Act of 2010,

• (g) nullity proceedings under the Act of 2010,

• (h) Regulation (EU) No. 606/2013 of the European Parliament and of the Council of 12 June 2013³ on mutual recognition of protection measures in civil matters,

• (i) the Act of 2015,

• (j) the Gender Recognition Act 2015, or

• (k) the Act of 2018.

• (3) Upon his or her own motion or upon the request of a party to family law proceedings, a judge of the Family Circuit 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 Circuit Court proceedings shall be as informal as is practicable and consistent with the administration of justice.

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

25. Sittings of Family Circuit Court

25. (1) Subject to subsection (2), the Family Circuit 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 High Court or the Family District Court) are held, or

• (b) on different days or at different times from the days on which, or times at which, sittings of any other court (other than the Family High Court or the Family District Court) are held.

• (2) Subsection (1) shall not apply where—

• (a) the safety or welfare of a party to the proceedings or a child to whom the proceedings relate is likely to be adversely affected if the proceedings are not heard as a matter of urgency, or

• (b) due to the urgency of the case or in exceptional circumstances the court is satisfied that compliance with that subsection is not possible.

• (3) The Principal Judge of the Family Circuit Court shall have and exercise the powers conferred on him or her by subsection (4) for the purposes of ensuring—

• (a) an equitable distribution of the work of the Family Circuit Court among the judges of the Court, and

• (b) the prompt despatch of the business of that Court in the Family Circuit Court circuits.

• (4) The Courts Service may, having consulted with the President of the Circuit Court and the Principal Judge of the Family Circuit Court, and having regard to the requirements of subsection (1), by notice specify from time to time in respect of a Family Circuit Court circuit—

• (a) the places within that circuit at which sittings of the Family Circuit Court are to be held, and

• (b) in respect of each place within that circuit at which sittings are to be held, the dates on which sittings shall be held and the time at which such sittings shall commence.

• (5) A notice under subsection (4) shall—

• (a) have effect from the date of its publication or such other date as is specified in the notice,

• (b) remain in effect until the expiry of such period as is specified in the notice, and

• (c) be published on the website of the Courts Service.

• (6) A notice issued under subsection (4) may be amended or revoked by the Courts Service at any time following its issue and before it ceases to have effect under paragraph (a) or (b) of subsection (5).

Chapter 2 Creation and alteration of Family Circuit Court circuits and assignment of judges to Family Circuit Court

26. Family Circuit Court circuits

26. The Act of 1961 is amended—

• (a) in section 20, by the insertion of the following subsection after subsection (1):

• “(1A) The Family Circuit Court circuits created under section 20A (inserted by section 26 of the Act of 2024) shall be the circuits for the purposes of the Family Circuit Court.”,

and

• (b) by the insertion of the following section after section 20:

“Creation and alteration of Family Circuit Court circuits

20A. (1) The circuits created under this section shall be circuits for the purposes of the Family Circuit Court.

• (2) The Government, after consultation with the President of the Circuit Court, the Principal Judge of the Family Circuit Court and the judges of the Family Circuit Court (if any) assigned to the circuits to which the order will relate, may by order—

  • (a) divide the State into geographical areas (in this Act referred to as ‘Family Circuit Court circuits’) for the purposes of the Family Circuit Court, and

  • (b) attach to each such circuit a name by which it shall be known.

• (3) The Government may, after consultation with the President of the Circuit Court, the Principal Judge of the Family Circuit Court and the judges of the Family Circuit Court (if any) assigned to the Family Circuit Court circuit to which the order will relate, by order do either or both of the following:

  • (a) alter the composition of a Family Circuit Court circuit by adding or removing a part of a geographical area;

  • (b) where appropriate, attach to the Family Circuit Court circuit a name by which it shall be known in substitution for its existing name.

• (4) An order under subsection (3) may make provision for the continuation and completion of any family law proceedings in a Family Circuit Court circuit to which the order relates—

  • (a) initiated before the commencement of the order, and

  • (b) not completed before such commencement.

• (5) For the purposes of subsection (4), proceedings shall be regarded as being initiated on the day on which the civil bill or other originating document relating to the proceedings is issued.

• (6) Every order made under this section 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 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 shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”.

27. Qualification for assignment as Principal Judge of Family Circuit Court

27. Section 17 of the Act of 1961 is amended by the substitution of the following subsection for subsection (3):

• “(3) An ordinary judge of the Circuit Court shall be qualified for—

  • (a) appointment as President of the Circuit Court, or

  • (b) assignment as Principal Judge of the Family Circuit Court.”.

28. Assignment of Principal Judge of Family Circuit Court

28. (1) Subject to subsection (2), the President of the Circuit Court may assign an ordinary judge of the Circuit Court who, by reason of his or her training or experience and his or her temperament, is a suitable person to deal with family law proceedings to be, and who shall be known as, the Principal Judge of the Family Circuit Court.

• (2) For the purposes of making an assignment under subsection (1), the President of the Circuit Court shall select the ordinary judge of the Circuit Court to be assigned as Principal Judge of the Family Circuit Court in accordance with a selection process specified under subsection (3).

• (3) The President of the Circuit Court shall—

• (a) prior to specifying a selection process under this subsection, request the Judicial Appointments Commission to make recommendations as to the appropriate selection process to be followed, and

• (b) specify the selection process, which shall be in accordance with the recommendations of the Judicial Appointments Commission provided in compliance with the request under paragraph (a).

• (4) The Judicial Appointments Commission shall comply with a request under subsection (3)(a).

• (5) A person who is to be appointed, or who is appointed, as an ordinary judge of the Circuit Court who wishes to express an interest in being assigned as Principal Judge of the Family Circuit Court by the President of the Circuit Court under subsection (1) may forward an expression of such interest to the President of the Circuit Court.

• (6) An expression of interest referred to in subsection (5) shall not be forwarded by the person expressing the interest to any person other than the President of the Circuit Court.

• (7) Where the President of the Circuit Court is satisfied it is in the interests of the good administration of the Circuit Court or the Family Circuit Court to do so, he or she may—

• (a) reassign the Principal Judge of the Family Circuit Court to the Circuit Court, and

• (b) assign a new Principal Judge of the Family Circuit Court under subsection (1) to take the place of the judge reassigned under paragraph (a).

• (8) The Principal Judge of the Family Circuit Court may from time to time, at the request of the President of the Circuit Court, sit as, and exercise any of the powers of, an ordinary judge of the Circuit Court.

• (9) Subject to subsection (7), a person who, on and after the coming into operation of this section, is assigned as the Principal Judge of the Family Circuit Court shall be so assigned—

• (a) for a period of not less than 4 years, or

• (b) until he or she reaches the appropriate age of judicial retirement as an ordinary judge of the Circuit Court,

whichever occurs first, and, in a case to which paragraph (a) relates, shall not, on the expiry of the period referred to in that paragraph, be eligible for reassignment as the Principal Judge of the Family Circuit Court.

• (10) Where the Principal Judge of the Family Circuit Court has completed 4 years in his or her assignment under subsection (1), he or she may request that his or her assignment be terminated.

• (11) Where the period of assignment of a Principal Judge of the Family Circuit Court referred to in subsection (9)(a) expires, or is terminated pursuant to a request under subsection (10), the President of the Circuit Court may at any time thereafter reassign the judge concerned—

• (a) under section 29(2) to be a judge of the Family Circuit Court, or

• (b) to fill a vacancy for an ordinary judge in the Circuit Court.

• (12) Where a judge is reassigned in accordance with subsection (7)(a) or (11), he or she shall, at the request of the President of the Circuit Court, complete the hearing of any case that has been partly heard by him or her during his or her assignment as Principal Judge of the Family Circuit Court.

29. Assignment of judges of Circuit Court to Family Circuit Court

29. (1) Section 2 of the Courts Act 1977 shall not apply to the assignment of an ordinary judge of the Circuit Court to the Family Circuit Court.