FAMILY COURTS ACT 2024

• (2) The President of the Circuit Court may assign an ordinary judge of the Circuit Court to be a judge of the Family Circuit 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.

• (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 Circuit 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 Circuit 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 (2) as a judge of the Family Circuit Court.

• (4) A person who is to be appointed, or who is appointed, an ordinary judge of the Circuit Court who wishes to express an interest in being assigned by the President of the Circuit Court under subsection (2) may forward an expression of such interest to the President of the Circuit 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 Circuit Court.

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

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

• (8) Where the President of the Circuit Court, in consultation with the Principal Judge of the Family Circuit Court, is satisfied that 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 a judge of the Family Circuit Court to the Circuit Court, and

• (b) assign a new judge of the Family Circuit Court under subsection (2) to take the place of the judge reassigned under paragraph (a).

• (9) Where a judge is reassigned under subsection (7) or (8)(a), he or she shall, at the request of the Principal Judge of the Family Circuit 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 Circuit Court.

30. Assignment of persons to act temporarily as additional judges of Family Circuit Court

30. (1) Whenever it appears to the President of the Circuit Court that, owing to the temporary absence from duty for any cause of a judge of the Family Circuit Court, or an unusual and temporary increase in the business of the Family Circuit Court on any Family Circuit Court circuit, or any other cause, it is necessary, in order to prevent the work of the Family Circuit Court getting into arrear either generally or on any particular Family Circuit Court circuits or circuit, to increase temporarily the number of the judges of the Family Circuit Court, one or more ordinary judges of the Circuit Court may be assigned to act as a judge of the Family Circuit Court for such period as the President shall think proper in respect of each such person.

• (2) Whenever it appears to the President of the Circuit 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 Circuit Court is available to hear the application, one or more ordinary judges of the Circuit Court may be assigned by the President to hear the application.

• (3) Whenever an ordinary judge of the Circuit Court sits in the Family Circuit Court in accordance with subsection (1) or (2), he or she shall be—

• (a) an additional judge of the Family Circuit Court for all the purposes of that Court, and

• (b) deemed to have jurisdiction for the purposes of section 22A (inserted by section 20) of the Act of 1961.

31. Mode of address and precedence of judges: Family Circuit Court

31. Section 38 of the Act of 1924 is amended—

• (a) in subsection (1), by the substitution of “Subject to subsection (3), the following judges” for “The following judges”, and

• (b) by the insertion of the following subsection after subsection (2):

• “(3) The Principal Judge of the Family Circuit Court shall be addressed in such manner as may be determined by the rules made under section 66 or 72B (inserted by section 51 of the Act of 2024) of the Courts of Justice Act 1936.”.

32. Orders which can be made by County Registrar in family law proceedings

32. The Second Schedule to the Act of 1995 is amended by the insertion of the following paragraph after paragraph (xxviii):

• “(xxviiia) An order for the transfer of proceedings to the Family High Court or the Family District Court, including all ancillary orders for the transfer of moneys lodged in the Family Circuit Court.”.

33. Amendment of section 38 of Act of 1926

33. Section 38(2) of the Act of 1926 is amended by the substitution of “Rules of court made under section 66 of the Courts of Justice Act 1924 and rules made under section 72B (inserted by section 51 of the Family Courts Act 2024) of the Courts of Justice Act 1936 may provide” for “Rules of court made under section 66 of the Courts of Justice Act 1924 (No. 10 of 1924), may provide.”.

34. Family Circuit Court circuits comprising Irish speaking Family District Court districts

34. The Act of 1924 is amended by the insertion of the following section after section 44:

“Family Circuit Court circuits comprising Irish speaking Family District Court districts

44A. So far as may be practicable having regard to all relevant circumstances, the judge of the Family Circuit Court assigned to any Family Circuit Court circuit which includes an area where the Irish language is in general use shall possess such a knowledge of the Irish language as would enable him or her to dispense with the assistance of an interpreter when evidence is given in that language.”.

35. Money paid into Family Circuit Court

35. Section 41 of the Act of 1926 is amended—

• (a) in subsection (1)—

• (i) by the substitution of “into the Circuit Court or Family Circuit Court” for “into the circuit court” in each place where it occurs, and

• (ii) by the substitution of “each circuit or Family Circuit Court circuit” for “each circuit” in both places where it occurs,

• (b) in subsection (2), by the substitution of “judge of the Circuit Court or judge of the Family Circuit Court assigned at the date of the order to the circuit or Family Circuit Court circuit, as the case may be,” for “judge of the circuit court assigned at the date of the order to the circuit”,

• (c) in subsection (3), by the substitution of “judge of the Circuit Court or judge of the Family Circuit Court assigned at the date of the order to the circuit or Family Circuit Court circuit, as the case may be,” for “judge of the circuit court assigned at the date of the order to the circuit”, and

• (d) by the insertion of the following subsection after subsection (3):

• “(4) Moneys payable in respect of orders of the court shall be paid in such manner as the judge of the Circuit Court or judge of the Family Circuit Court, as the case may be, may direct.”.

PART 5 Family District Court

Chapter 1 Establishment, jurisdiction and proceedings of Family District Court

36. Establishment and constitution of Family District Court

36. Section 5 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 36 of the Family Courts Act 2024, there shall stand established a division of the District Court to be known as ‘an Chúirt Dúiche Teaghlaigh’ (‘the Family District Court’).”,

and

• (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 Chúirt Dúiche Teaghlaigh’ (‘the Principal Judge of the Family District Court’), and”,

and

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

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

37. Jurisdiction of Family District Court and exercise of jurisdiction by judges of Family District Court

37. The Act of 1961 is amended by the insertion of the following section after section 34:

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

34A. (1) Subject to subsections (2) and (3), jurisdiction vested in the Family District Court is exercisable by a judge of the Family District Court for the time being assigned to the Family District Court district 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 District Court district with which the child, or another party to the proceedings, has a connection.

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

  • (a) outside his or her Family District Court district, 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 District Court district, and

  • (b) within his or her Family District Court district, 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 District Court may, of his or her own motion or on the application of any 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) Decisions of the Family District Court may be appealed to the Family Circuit Court within the Family Circuit Court circuit in which that Family District Court is situated.”.

38. Amendment of section 79 of Act of 1924

38. Section 79(5) of the Act of 1924 is amended by the substitution of “Family District Court” for “District Court”.

39. Proceedings in Family District Court

39. (1) An application to the Family District Court to commence family law proceedings shall state in the originating application—

• (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 1991,

• (b) the Civil Registration Act 2004,

• (c) Regulation (EU) No. 606/2013 of the European Parliament and of the Council of 12 June 2013⁴ on mutual recognition of protection measures in civil matters,

• (d) the Act of 2015, or

• (e) the Act of 2018.

• (3) Without prejudice to sections 66 and 69, where family law proceedings may, under an enactment, be initiated in the Family District Court or another court, nothing in this Act shall require such proceedings to be initiated in the Family District Court.

• (4) Upon his or her own motion or upon the request of a party to family law proceedings, a judge of the Family District 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 issues in dispute, suspend the proceedings to allow the parties to resolve those issues by such means.

• (5) In considering whether to suspend the proceedings under subsection (4), 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.

• (6) Family District Court proceedings shall be as informal as is practicable and consistent with the administration of justice.

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

40. Sittings of Family District Court

40. The Act of 1953 is amended—

• (a) by the insertion of the following section after section 26A:

“Sittings of Family District Court

26B. (1) Subject to subsection (2), the Family District 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 Circuit 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 High Court or the Family Circuit 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 District 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 District Court among the judges of the Court, and

  • (b) the prompt despatch of the business of that Court in the Family District Court districts.

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

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

  • (b) in respect of each place within that district 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).”,

and

• (b) in section 27(3), by the substitution of “Subject to section 26B (inserted by section 40 of the Act of 2024), it shall be lawful” for “It shall be lawful”.

41. Judge of Family District Court may issue orders or directions in family law proceedings

41. Without prejudice to his or her functions under any enactment or rule of law and subject to any practice direction issued under section 42—

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

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

42. Principal Judge of Family District Court may issue practice directions

42. (1) The Principal Judge of the Family District 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 applications made to the Family District 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 District Court to be necessary or expedient for the purposes of the direction.

• (3) The Principal Judge of the Family District 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 District 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 District Court, relating to the matters which the Family District 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 District Court.

• (4) In performing a function under subsection (1) or (3), the Principal Judge of the Family District 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 District 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 Circuit Court under section 23.

• (5) In the event that there is a conflict between—

• (a) a practice direction issued by the Principal Judge of the Family District Court under subsection (3), and

• (b) a practice direction issued by—

• (i) the Principal Judge of the Family High Court under section 13(3), or

• (ii) the Principal Judge of the Family Circuit Court under section 23(3),

the practice direction referred to in subparagraph (i) or (ii), as may be appropriate, of paragraph (b) shall take precedence.

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

• (a) consult with the President of the District 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 District Court.

• (7) In the event that there is a conflict between a practice direction issued by the President of the District Court and a practice direction issued by the Principal Judge of the Family District 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 District 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 District Court and the Principal Judge of the Family District 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 District Court required by law to be transacted by or before the Principal Judge of the Family District Court or to impugn the independence of the Principal Judge of the Family District 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 District 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 District Court may direct.

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

• (13) In this section, “practice direction” means a direction issued under subsection (1) or (3).

43. Functions of Principal Judge of Family District Court

43. The Act of 1961 is amended by the insertion of the following section after section 36:

“Functions of Principal Judge of Family District Court

36A. (1) It shall be a function of the Principal Judge of the Family District Court to arrange the distribution and allocation of the business of the Family District Court.

• (2) In performing a function under subsection (1), the Principal Judge of the Family District 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).

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

• (5) The Principal Judge of the Family District 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 District Court in relation to the places for holding sittings of the Family District Court in or for any Family District Court district.

• (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 District Court required by law to be transacted by or before the Principal Judge of the Family District Court or to impugn the independence of the Principal Judge of the Family District Court in the performance of his or her judicial functions.”.

Chapter 2 Creation and alteration of Family District Court districts and assignment of judges to Family District Court

44. Family District Court districts

44. Section 32 of the Act of 1961 is amended by the insertion of the following subsection after subsection (2):

• “(2A) The Family District Court districts created under section 26C (inserted by section 45 of the Act of 2024) of the Act of 1953 shall be the districts for the purposes of the Family District Court.”.

45. Power to create, vary and abolish Family District Court districts for Family District Court

45. The Act of 1953 is amended by the insertion of the following section after section 26B (inserted by section 40):

“Power to create, vary and abolish Family District Court districts for Family District Court

26C. (1) The Courts Service may, following consultation with the President of the District Court and the Principal Judge of the Family District Court, by order—

• (a) divide the Family Circuit Court circuits created under section 20A (inserted by section 26 of the Act of 2024) of the Courts (Supplemental Provisions) Act 1961 into geographical districts (in this Act referred to as ‘Family District Court districts’) that are convenient for the conduct of the business of the Family District Court, and

• (b) attach to each Family District Court district a name by which it shall be known.

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

  • (a) vary or abolish a Family District Court district,

  • (b) create a new Family District Court district and attach to the district a name by which it shall be known, and

  • (c) where it considers it appropriate to do so, change the name by which a Family District Court district is known.

• (3) Where the Courts Service makes an order under subsection (2), it may make provision for the continuation and completion of any business transacted in a Family District Court district to which the order relates which is initiated before the commencement of the order and is not completed before such commencement.

• (4) For the purposes of subsection (3), business transacted shall be regarded as being initiated on the day on which the summons, notice of application or other originating document is issued.

• (5) The abolition of a Family District Court district under subsection (2) shall operate to terminate any assignment then in force of a judge of the Family District Court and the judge concerned may be assigned by the President of the District Court to another Family District Court district or to a district court district.

• (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.”.

46. Qualification for assignment as Principal Judge of Family District Court

46. Section 35(1) of the Act of 1961 is amended by the substitution of the following paragraph for paragraph (b):

• “(b) A person who is qualified for appointment as a judge of the District Court shall be qualified for—

  • (i) appointment as President of the District Court, or

  • (ii) assignment as Principal Judge of the Family District Court.”.

47. Assignment of Principal Judge of Family District Court

47. (1) Subject to subsection (2), the President of the District Court may assign an ordinary judge of the District 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 District Court.

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

• (3) The President of the District 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 District Court who wishes to express an interest in being assigned as Principal Judge of the Family District Court by the President of the District Court under subsection (1) may forward an expression of such interest to the President of the District 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 District Court.

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

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

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

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

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

• (a) under section 48(2) to be a judge of the Family District Court, or

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

48. Assignment of judges to Family District Court

48. (1) The Sixth Schedule to the Act of 1961 shall not apply to the assignment of an ordinary judge of the District Court to the Family District Court.

• (2) The President of the District Court may assign an ordinary judge of the District Court to be a judge of the Family District 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.

• (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 District 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 District 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 (2) as a judge of the Family District Court.

• (4) A person who is to be appointed, or who is appointed, an ordinary judge of the District Court who wishes to express an interest in being assigned by the President of the District Court under subsection (2) may forward an expression of such interest to the President of the District 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 District Court.

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

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

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

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

• (b) assign a new judge of the Family District Court under subsection (2) to take the place of the judge reassigned under paragraph (a).

• (9) Where a judge is reassigned under subsection (7) or (8)(a), he or she shall, at the request of the Principal Judge of the Family District 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 District Court.

49. Assignment of persons to act temporarily as additional judges of Family District Court

49. (1) Whenever it appears to the President of the District Court that, owing to the temporary absence from duty for any cause of a judge of the Family District Court, or an unusual and temporary increase in the business of the Family District Court on any Family District Court district, or any other cause, it is necessary, in order to prevent the work of the Family District Court getting into arrear either generally or on any particular Family District Court district, to increase temporarily the number of the judges of the Family District Court, one or more ordinary judges of the District Court may be assigned to act as a judge of the Family District Court for such period as the President shall think proper in respect of each such person.

• (2) Whenever it appears to the President of the District 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 District Court is available to hear the application, one or more ordinary judges of the District Court may be assigned by the President to hear the application.

• (3) Whenever an ordinary judge of the District Court sits in the Family District Court in accordance with subsection (1) or (2), he or she shall be—

• (a) an additional judge of the Family District Court for all the purposes of that Court, and

• (b) deemed to have jurisdiction for the purposes of section 34A (inserted by section 37) of the Act of 1961.

50. Family District Court districts comprising Irish speaking areas

50. The Act of 1924 is amended by the insertion of the following section after section 71:

“Family District Court districts comprising Irish speaking areas

71A. So far as may be practicable having regard to all relevant circumstances, the judge of the Family District Court assigned to a Family District Court district which includes an area where the Irish language is in general use shall possess such a knowledge of the Irish language as would enable him or her to dispense with the assistance of an interpreter when evidence is given in that language.”.

PART 6 Rules of Court in Family Law Proceedings

51. Amendment of Act of 1936 (Rules of Court)

51. The Act of 1936 is amended—

• (a) in section 67—

• (i) in subsection (2), by the substitution of “8” for “7”,

• (ii) in subsection (3), by the insertion of the following paragraph after paragraph (b):

• “(ba) the Principal Judge of the Family High Court,”,

and

• (iii) in subsection (9), by the insertion of the following paragraph after paragraph (b):

• “(ba) in the case of the Principal Judge of the Family High Court, a judge of the Family High Court,”,

• (b) in section 69—

• (i) in subsection (2), by the substitution of “5” for “4”,

• (ii) in subsection (3), by the insertion of the following paragraph after paragraph (a):

• “(aa) the Principal Judge of the Family Circuit Court,”,

and

• (iii) in subsection (9), by the insertion of the following paragraph after paragraph (a):

• “(aa) in the case of the Principal Judge of the Family Circuit Court, a judge of the Family Circuit Court,”,

• (c) in section 71—

• (i) in subsection (2), by the substitution of “5” for “4”,

• (ii) in subsection (3), by the insertion of the following paragraph after paragraph (a):

• “(aa) the Principal Judge of the Family District Court,”,

and

• (iii) in subsection (9), by the insertion of the following paragraph after paragraph (a):

• “(aa) in the case of the Principal Judge of the Family District Court, a judge of the Family District Court,”,

and

• (d) by the insertion of the following section after section 72:

“Rules of court in respect of family law proceedings

72A. (1) Rules of court made under any enactment by the Superior Courts Rules Committee, the Circuit Court Rules Committee or the District Court Rules Committee may make specific provision in respect of family law proceedings before one or more of the following (in this section referred to as ‘the Family Courts’):

• (a) the Family High Court;

• (b) the Family Circuit Court;

• (c) the Family District Court.

• (2) Without prejudice to the generality of subsection (1), rules referred to in that subsection may, in particular, include rules:

  • (a) prescribing documentation required for the commencement of proceedings;

  • (b) regulating pleadings, practice and procedure;

  • (c) providing for the awarding of costs of proceedings;

  • (d) providing for the mode of address to be adopted for judges of the Family Courts;

  • (e) providing for the form, manner and conditions for cases stated to the Family High Court;

  • (f) in respect of the Family High Court, authorising the Master of the High Court and other principal officers, within the meaning of the Court Officers Acts 1926 to 2014, to exercise functions, powers and jurisdiction in uncontested cases and to take accounts, conduct inquiries and make orders of an interlocutory nature;

  • (g) providing for such incidental, supplementary and consequential matters as appear to the Committee concerned to be necessary or expedient for the purposes of this Act and the Act of 2024.

• (3) In making rules of court referred to in subsection (1), the Superior Courts Rules Committee, the Circuit Court Rules Committee or the District Court Rules Committee, as the case may be, shall have regard to the guiding principles set out in section 8 of the Act of 2024 as well as the proper and efficient administration of justice.

• (4) Where the Superior Courts Rules Committee, the Circuit Court Rules Committee or the District Court Rules Committee proposes to make rules of court referred to in subsection (1) or other rules of court applicable to family law proceedings, the Committee concerned shall consult with the Family Courts Practice and Procedure Committee and shall have regard to the views of that Committee in the making of such rules.”.

52. Family Courts Practice and Procedure Committee

52. (1) The Principal Judges of the Family High Court, the Family Circuit Court and the Family District Court (in this section referred to as “the Family Courts”) and no more than 2 members of the staff of the Courts Service nominated by the Chief Executive of the Courts Service shall, subject to subsection (4), meet as a committee, to be known as the Family Courts Practice and Procedure Committee, on a regular basis, being not less than twice during any year, with the aim of—

• (a) ensuring, in so far as possible, a consistent approach to practice and procedure among the Family Courts, and

• (b) considering relevant matters related to the functions of the Courts Service under section 5 of the Courts Service Act 1998 in relation to the Family Courts.

• (2) Without prejudice to the functions of the Superior Courts Rules Committee, the Circuit Court Rules Committee or the District Court Rules Committee, the Family Courts Practice and Procedure Committee may propose the making of rules of court by any or all of those Committees in respect of family law proceedings.

• (3) A Principal Judge referred to in subsection (1) may request that a meeting of the Family Courts Practice and Procedure Committee be convened in addition to the meetings mentioned in subsection (1) where he or she is of the opinion that a divergence in practice or procedure is emerging among the Family Courts.

• (4) Where a request is made under subsection (3), a meeting of the Family Courts Practice and Procedure Committee shall be convened as soon as practicable.

• (5) The Family Courts Practice and Procedure Committee shall regulate its own procedure and business.

PART 7 Miscellaneous

53. Precedence between judges

53. Section 9 of the Act of 1924 is amended—

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

• “(ha) next shall rank the Principal Judge of the Family High Court;”,

• (b) in paragraph (k), by the substitution of “Circuit Court;” for “Circuit Court.”, and

• (c) by the insertion of the following paragraph after paragraph (k):

• “(ka) then shall rank the Principal Judge of the Family Circuit Court.”.

54. References to senior ordinary judge

54. Section 11(c) of the Courts (No. 2) Act 1997 is amended by the substitution of “paragraphs (g), (ha) and (i)” for “paragraph (g) and (i)”.

55. Temporary discharge of duties of certain judges

55. Section 18 of the Courts Act 1981 is amended—

• (a) by the insertion of the following subsection after subsection (2):

• “(2A) If, during any period, the Principal Judge of the Family High Court is unable to act or the office of the Principal Judge of the Family High Court is vacant then, during that period, all powers, authorities and functions for the time being vested in him or her by virtue of his or her office—

  • (a) shall be exercised or performed by the President of the High Court, or

  • (b) where the President of the High Court so determines, shall be exercised by the senior judge for the time being available of the judges of the Family High Court.”,

• (b) by the insertion of the following subsection after subsection (3):

• “(3A) If, during any period, the Principal Judge of the Family Circuit Court is unable to act or the office of the Principal Judge of the Family Circuit Court is vacant then, during that period, all powers, authorities and functions for the time being vested in him or her by virtue of his or her office—

  • (a) shall be exercised or performed by the President of the Circuit Court, or

  • (b) where the President of the Circuit Court so determines, shall be exercised by the senior judge for the time being available of the judges of the Family Circuit Court.”,

and

• (c) by the insertion of the following subsection after subsection (4):

• “(4A) If, during any period, the Principal Judge of the Family District Court is unable to act or the office of the Principal Judge of the Family District Court is vacant then, during that period, all powers, authorities and functions for the time being vested in him or her by virtue of his or her office—

  • (a) shall be exercised or performed by the President of the District Court, or

  • (b) where the President of the District Court so determines, shall be exercised by the senior judge of the Family District Court for the time being available of the judges of the Family District Court.”.

56. Register of reserved judgments

56. Section 46 of the Courts and Court Officers Act 2002 is amended—

• (a) in subsection (3), by the substitution of “the President of the Court or, in respect of the Family High Court, the Family Circuit Court or the Family District Court, the Principal Judge of that Court,” for “the President of the Court”, and

• (b) in subsection (3A)—

• (i) by the substitution of “the President or Principal Judge, as the case may be,”, for “the President”, and

• (ii) by the substitution of “that President or Principal Judge, as the case may be,” for “that President”.

57. Training and education of judges of Family High Court, Family Circuit Court and Family District Court

57. A judge of the Family High Court, the Family Circuit Court or the Family District Court shall take such course or courses of training or education, or both, as may be required by the Principal Judge of that Court, in consultation with the President of that Court and the Chief Justice, at such time or times as the Principal Judge may specify.

58. Amendment of section 3 of Act of 1924

58. Section 3 of the Act of 1924 is amended by the insertion of the following definitions:

“ ‘Act of 2024’ means the Family Courts Act 2024;

‘family law proceedings’ has the same meaning as it has in section 2 of the Act of 2024;”.

59. Amendment of Act of 1936

59. The Act of 1936 is amended by the insertion of the following section after section 2:

“Definitions

2A. In this Act—

‘Act of 2024’ means the Family Courts Act 2024;

‘family law proceedings’ has the same meaning as it has in section 2 of the Act of 2024.”.

60. Amendment of section 2 of Act of 1953

60. Section 2 of the Act of 1953 is amended by the insertion of the following definitions:

“ ‘Act of 2024’ means the Family Courts Act 2024;

‘family law proceedings’ has the same meaning as it has in section 2 of the Act of 2024;”.

61. Amendment of section 2 of Act of 1961

61. Section 2 of the Act of 1961 is amended by the insertion of the following definitions:

“ ‘Act of 2024’ means the Family Courts Act 2024;

‘family law proceedings’ has the same meaning as it has in section 2 of the Act of 2024;”.

62. Amendment of section 2 of Act of 1995

62. Section 2 of the Act of 1995 is amended by the insertion of the following definitions:

“ ‘Act of 2024’ means the Family Courts Act 2024;

‘family law proceedings’ has the same meaning as it has in section 2 of the Act of 2024;”.

63. Amendment of section 45 of Judicial Appointments Commission Act 2023

63. Section 45(3)(a) of the Judicial Appointments Commission Act 2023 is amended by the substitution of “paragraphs (c) to (ka)” for “paragraphs (c) to (k)”.

64. Pending proceedings under certain enactments

64. Where family law proceedings under the Act of 1989, the Family Law Act 1995, the Act of 1996 or the Act of 2010 (regardless of whether such proceedings were initiated before, on or after the date of coming into operation of this section) are pending before the Family Circuit Court or the Family High Court but have not yet been heard by that Court, the Family District Court may sit to hear and determine other family law proceedings involving the same parties or relating to the same children who are the subject of such proceedings where the Family District Court is satisfied, in the circumstances of the case and in the interests of justice, that it is necessary to hear the other proceedings prior to the proceedings which are before the Family Circuit Court or the Family High Court being heard.

65. Exercise of jurisdiction of High Court, Circuit Court and District Court available to judges of Family High Court, Family Circuit Court and Family District Court

65. A judge of the Family High Court, the Family Circuit Court or the Family District Court shall retain all of the powers of an ordinary judge of the High Court, an ordinary judge of the Circuit Court or an ordinary judge of the District Court, as the case may be, under any enactment or rule of law while assigned as a judge to the Family High Court, the Family Circuit Court or the Family District Court.

PART 8 Jurisdiction

66. Transfer of proceedings from Family High Court to Family Circuit Court or Family District Court

66. Notwithstanding section 25 of the Act of 1924, where proceedings are initiated in, or transferred under Part 10 to, the Family High Court on and after the coming into operation of this section and the court is satisfied that the Family District Court or the Family Circuit Court, as the case may be, is the more appropriate court in the circumstances of the case, it may—

• (a) transfer the proceedings to the Family Circuit Court or the Family District Court, and

• (b) make an order—

• (i) as to costs as it considers appropriate, or

• (ii) that the costs shall be determined by the court to which the proceedings are transferred.

67. Jurisdiction of Family District Court in consent cases

67. Notwithstanding any enactment providing for the monetary limit of the jurisdiction of the Family District Court in family law proceedings, such proceedings may be determined by the Family District Court without limit as to monetary jurisdiction by a judge of the Family District Court where the judge is satisfied that the parties have—

• (a) reached agreement on the matters which are the subject of the proceedings, and

• (b) consented to the proceedings being determined by the Family District Court.

68. Transfer of proceedings from Family District Court to Family Circuit Court

68. Notwithstanding section 22(8)(b) of the Act of 1961 and subject to section 69, on and after the coming into operation of this section, the judge of the Family District Court before whom family law proceedings are pending, or to whom proceedings are transferred under Part 10, where he or she considers that there are special circumstances in the proceedings that would make it appropriate for such proceedings to be heard by the Family Circuit Court, may of his or her own motion send forward the proceedings to the Family Circuit Court upon such terms and subject to such conditions as to costs (including the imposition of costs on the party that initiated the proceedings) or otherwise as may appear to him or her to be just and an appeal shall lie under section 84 of the Act of 1924, as applied by section 48 of the Act of 1961, from the decision of the judge to so send forward.

69. Transfer of proceedings from Family Circuit Court to Family District Court

69. (1) Notwithstanding section 15 of the Courts Act 1991 and subject to subsection (4) and sections 67 and 70, on and after the coming into operation of this section, a judge of the Family Circuit Court before whom family law proceedings are pending, or to whom proceedings are transferred under Part 10, may of his or her own motion remit or transfer the proceedings to the Family District Court if he or she considers the Family District Court to be the more appropriate Court in the circumstances of the case, or that the proceedings should not have been commenced in the Family Circuit Court but in the Family District Court if at all, upon such terms, and subject to such conditions as to costs (including the imposition of costs on the party that initiated the proceedings) or otherwise, as may appear to him or her to be just.

• (2) Proceedings transferred to the Family Circuit Court under section 68 shall not be transferred to the Family District Court under subsection (1).

• (3) Proceedings transferred to the Family District Court under subsection (1) shall not be transferred to the Family Circuit Court under section 68.

• (4) The Family Circuit Court shall not remit or transfer proceedings to the Family District Court under subsection (1) by reason only that, since the proceedings were initiated, the issues in dispute in the proceedings have been resolved and the proceedings are to be determined by the court, unless the parties consent to such remission or transfer.

70. Restriction on power to transfer under section 68 or 69

70. Where a judge of the Family District Court or the Family Circuit Court has granted a decree of judicial separation, divorce or dissolution of a civil partnership, a judge of either court shall not transfer proceedings under section 68 or 69 between the parties in relation to orders made under Part II of the Family Law Act 1995, Part III of the Act of 1996 or Part 12 of the Act of 2010, as the case may be.

71. Amendment of section 2 of Legitimacy Act 1931

71. Section 2 of the Legitimacy Act 1931 is amended—

• (a) in subsection (2), by the substitution of “Family Circuit Court” for “Circuit Court”, and

• (b) in subsection (3)—

• (i) by the substitution of “Family Circuit Court” for “Circuit Court”, and

• (ii) by the substitution of “to the Family Circuit Court circuit” for “to the Circuit” in both places where it occurs.

72. Amendment of section 8 of Enforcement of Court Orders Act 1940

72. Section 8 of the Enforcement of Court Orders Act 1940 is amended—

• (a) in subsection (1), by the substitution of “before the Family District Court” for “before the District Court”,

• (b) in subsection (2), by the substitution of “judge of the Family District Court” for “District Court Judge”,

• (c) in subsection (3), by the substitution of “judge of the Family District Court” for “District Court Judge”, and

• (d) in subsection (5), by the substitution of “Family District Court district” for “District Court area”.

73. Amendment of Act of 1964

73. The Act of 1964 is amended—

• (a) in section 5—

• (i) in subsection (1), by the substitution of “Family Circuit Court or the Family District Court” for “Circuit Court or the District Court”, and

• (ii) by the substitution of the following subsection for subsection (2):

• “(2) Subject to section 67 of the Family Courts Act 2024, the Family District Court and the Family Circuit Court, on appeal from the Family District Court, shall not have jurisdiction to make an order under this Act for the payment of a periodical sum at a rate greater than €500 per week towards the maintenance of a child or a lump sum order greater than €50,000 for the benefit of a child.”,

• (b) in section 6BA(3) (inserted by section 227(c) of the Act of 2024), by the substitution of “Family Circuit Court” for “Circuit Court”,

• (c) in section 6BB(3) (inserted by section 227(c) of the Act of 2024), by the substitution of “Family Circuit Court” for “Circuit Court”,

• (d) in section 13, by the substitution of the following definition for the definition of “the court”:

“ ‘the court’ means the Family Circuit Court or the Family District Court;”,

• (e) in section 26, by the substitution of “Family District Court” for “District Court”, and

• (f) in section 30—

• (i) in subsection (1), by the substitution of “Family Circuit Court or the Family District Court” for “Circuit Court or the District Court”, and

• (ii) by the deletion of subsection (2).

74. Amendment of section 10 of Act of 1976

74. Section 10 of the Act of 1976 is amended—

• (a) by the deletion of subsection (1),

• (b) by the substitution of the following subsection for subsection (2):

• “(2) Subject to the provisions of this section, the Family District Court, the Family Circuit Court and the Family High Court shall concurrently have jurisdiction to hear and determine proceedings under this Act.”,

• (c) by the deletion of subsection (3),

• (d) by the substitution of the following subsection for subsection (4):

• “(4) Subject to section 67 of the Family Courts Act 2024 and subsection (4B), the Family District Court shall not have jurisdiction in proceedings under this Act where the market value of any land to which the proceedings relate exceeds €1 million.”,

• (e) by the insertion of the following subsections after subsection (4):

• “(4A) Subject to section 67 of the Family Courts Act 2024 and subsection (4B), where proceedings are brought in the Family District Court and the court is of the view, on the basis of the evidence before it, that the market value of the land to which the proceedings relate exceeds €1 million, the court shall transfer the proceedings to the Family Circuit Court, but any order made or act done in the course of such proceedings before such transfer shall be valid unless discharged or varied by order of the Family Circuit Court.

• (4B) The Minister for Justice may by order increase the amount referred to in subsections (4) and (4A) up to a maximum amount of €2 million where he or she considers it appropriate to do so having regard to—

  • (a) changes in the market value of land,

  • (b) the need to minimise the costs of proceedings, and

  • (c) the guiding principles in section 8 of the Family Courts Act 2024.

• (4C) Every order made by the Minister for Justice under subsection (4B) 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.”,

• (f) in subsection (5)(b), by the substitution of “€50,000” for “€15,000”, and

• (g) by the deletion of subsection (7).

75. Amendment of Family Law (Maintenance of Spouses and Children) Act 1976

75. The Family Law (Maintenance of Spouses and Children) Act 1976 is amended—

• (a) in section 8(b), by the substitution of “Family High Court, the Family Circuit Court or the Family District Court” for “High Court or the Circuit Court or, in relation to an agreement other than a separation agreement, the District Court”,

• (b) in section 8A(b), by the substitution of “Family High Court, the Family Circuit Court or the Family District Court” for “High Court or the Circuit Court or, in relation to an agreement other than a separation agreement, the District Court”,

• (c) in section 8B(1), by the substitution of “Family High Court, the Family Circuit Court or the Family District Court” for “High Court or the Circuit Court”,

• (d) in section 9(6), by the substitution of “Family District Court district” for “District Court district”,

• (e) in section 9A—

• (i) in subsection (2), by the substitution of “Family District Court” for “District Court”,

• (ii) in subsection (3)—

• (I) by the substitution of “made by the Family District Court” for “made by the District Court”, and

• (II) by the substitution of “before the Family District Court” for “before the District Court”,

• (iii) in subsection (4)—

• (I) in paragraph (c), by the substitution of “Family District Court” for “District Court”, and

• (II) in paragraph (d), by the substitution of “Family District Court” for “District Court”,

• (iv) in subsection (5), by the substitution of “Family District Court” for “District Court”,

• (v) in subsection (6), by the substitution of “Family District Court” for “District Court”,

• (vi) in subsection (7), by the substitution of “Family District Court” for “District Court” in both places where it occurs,

• (vii) in subsection (9)(b), by the substitution of “Family District Court” for “District Court”, and

• (viii) in subsection (13), by the substitution of “Family District Court” for “the District Court”,

• (f) in section 10(1)—

• (i) in paragraph (a)(i), by the substitution of “Family High Court” for “High Court” in both places where it occurs,

• (ii) in paragraph (a)(ii), by the substitution of “Family Circuit Court” for “Circuit Court” in both places where it occurs, and

• (iii) in paragraph (a)(iii), by the substitution of “the Family District Court” for “the District Court” in both places where it occurs,

• (g) in section 23—

• (i) in subsection (1), by the substitution of “Family Circuit Court and the Family District Court” for “Circuit Court and the District Court”, and

• (ii) in subsection (2)—

• (I) by the substitution of the following paragraph for paragraph (a):

• “(a) Subject to section 67 of the Family Courts Act 2024, the Family District Court and the Family Circuit Court, on appeal from the Family District Court, shall not have jurisdiction to make an order under this Act for the payment of a periodical sum at a rate greater than €1,500 per week for the support of a spouse or €500 per week for the support of a child.”,

• (II) in paragraph (b)—

• (A) by the substitution of “Family District Court or the Family Circuit Court” for “District Court or the Circuit Court”, and

• (B) by the substitution of “Family High Court” for “High Court”,

• (III) in paragraph (c)—

• (A) by the substitution of “Family District Court” for “District Court” in both places where it occurs, and

• (B) by the substitution of “Family Circuit Court” for “Circuit Court”,

and

• (IV) in paragraph (d)—

• (A) by the substitution of “Family District Court” for “District Court” in both places where it occurs, and

• (B) by the substitution of “Family Circuit Court” for “Circuit Court”,

and

• (h) in section 25, by the deletion of subsection (2).

76. Amendment of section 8 of Family Law Act 1981

76. The Family Law Act 1981 is amended by the substitution of the following section for section 8:

“Jurisdiction (sections 6 and 7)

8. (1) Subject to subsection (2), the Family District Court, the Family Circuit Court and the Family High Court shall concurrently have jurisdiction to hear and determine proceedings under section 6 or 7.

• (2) Subject to section 67 of the Family Courts Act 2024 and subsection (4), the Family District Court shall not have jurisdiction to hear and determine proceedings under section 6 or 7 where the amount claimed exceeds €1 million.

• (3) Subject to section 67 of the Family Courts Act 2024 and subsection (4), where proceedings are brought in the Family District Court and the court is of the view, on the basis of the evidence before it, that the market value of the land to which the proceedings relate exceeds €1 million, the court shall transfer the proceedings to the Family Circuit Court, but any order made or act done in the course of such proceedings before such transfer shall be valid unless discharged or varied by order of the Family Circuit Court.

• (4) The Minister for Justice may by order increase the amount referred to in subsections (2) and (3) up to a maximum amount of €2 million where he or she considers it appropriate to do so having regard to—

  • (a) changes in the market value of land,

  • (b) the need to minimise the costs of proceedings, and

  • (c) the guiding principles in section 8 of the Family Courts Act 2024.

• (5) In this section, ‘market value’ means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the bringing of the proceedings concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land.

• (6) Every order made by the Minister for Justice under subsection (4) 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.”.

77. Amendment of Act of 1987

77. The Act of 1987 is amended—

• (a) in section 33, in the definition of “the Court”, by the substitution of “Family Circuit Court” for “Circuit Court”, and

• (b) in section 34, by the substitution of the following subsection for subsection (2):

• “(2)

  • (a) The jurisdiction conferred on the Court by this section shall be exercised by—

    • (i) a judge of the Family Circuit Court for the time being assigned to the Family Circuit Court circuit in which a party to the proceedings ordinarily resides or carries on any profession, business or occupation, or

    • (ii) where no party to the proceedings ordinarily resides or carries on any profession, business or occupation in the State, by a judge assigned to the Dublin Family Circuit Court circuit.”.

78. Amendment of Act of 1989

78. The Act of 1989 is amended—

• (a) in section 2—

• (i) by the insertion of the following subsection after subsection (1):

• “(1A) A joint application by both spouses for a decree of judicial separation from one another may be made to the court having jurisdiction to hear and determine proceedings under Part III of this Act on one or both of the following grounds:

  • (a) subject to subsection (2), that the spouses have lived apart from one another for a continuous period of at least one year immediately preceding the date of the application;

  • (b) that the marriage has broken down to the extent that the court is satisfied in all the circumstances that a normal marital relationship has not existed between the spouses for a period of at least one year immediately preceding the date of the application.”,

and

• (ii) in subsection (2)—

• (I) by the substitution of “subsection (1) or (1A)” for “subsection (1)”,

• (II) in paragraph (a), by the substitution of “subsection (1)” for “that subsection”, and

• (III) in paragraph (b), by the substitution of “paragraph (d) of subsection (1) or paragraph (a) of subsection (1A)” for “paragraph (d) of that subsection”,

• (b) in section 3(1), by the substitution of “the applicant or, in the case of a joint application, any of the grounds referred to in subsection (1A) of that section which have been relied on by the applicants,” for “the applicant”,

• (c) by the insertion of the following section after section 5:

“Safeguards to ensure awareness of alternatives to separation proceedings where application made jointly by both spouses and to assist attempts at reconciliation

5A. In the case of a joint application referred to in section 2(1A), the requirements imposed on a solicitor for the applicant under section 5 shall apply to the solicitor for each applicant.”,

• (d) in section 8(2), by the substitution of “the applicant and the respondent or, in the case of a joint application referred to in section 2(1A), the applicants,” for “the applicant and the respondent” in both places where it occurs,

• (e) by the deletion of section 30,

• (f) in section 31—

• (i) by the deletion of subsection (1),

• (ii) in subsection (2), by the substitution of “the Family District Court, the Family Circuit Court and the Family High Court shall concurrently have” for “the Circuit Family Court shall, concurrently with the High Court, have”,

• (iii) by the substitution of the following subsection for subsection (3):