S.I. No. 58/1975 - District Court (Maintenance Orders Act, 1974) Rules, 1975

S.I. No. 58 of 1975.

DISTRICT COURT (MAINTENANCE ORDERS ACT, 1974) RULES, 1975

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , and section 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, make the following Rules of Court:—

1. These Rules may be cited as the District Court ( Maintenance Orders Act, 1974 ) Rules, 1975.

2. These Rules shall come into operation on the 1st day of April, 1975, and shall be read together with all other District Court Rules for the time being in force.

3. In these Rules—

"the Act" mean the Maintenance Orders Act, 1974 (No. 16 of 1974);

"Form" means a form set out in the Schedule of Forms or such modification thereof as may be suitable.

ENFORCEMENT OF ENFORCEABLE MAINTENANCE ORDERS

4.—(1) Where a copy of a maintenance order, in respect of which an enforcement order has been made, is received by a district court clerk from the Master of the High Court such clerk shall—

( a ) enter in the "Maintenance Book" particulars of such maintenance order and such enforcement order, and

( b ) by notice (Form 1) inform the maintenance debtor of the hours during which and the place at which the payments under the order are to be made. Such notice shall be sent by registered prepaid post and a copy thereof shall also be sent by registered prepaid post to the person entitled to receive the payments.

(2) Where a maintenance order has been varied or revoked by a court in a reciprocating jurisdiction and a certified copy of the variation or revocation order is received by a district court clerk he shall enter particulars thereof in the appropriate book and shall send a copy of such variation or revocation order by registered prepaid post to the maintenance debtor.

5. The district court clerk shall give a receipt to the maintenance debtor for any payments made by him pursuant to the order and shall forward such payments forthwith, by registered prepaid post, to the person entitled to receive same.

6.—(1) Where the maintenance debtor ceases to reside in the district court area in which the proceedings have been entered the clerk for such court area shall forward to the clerk of the court area in which the maintenance debtor is for the time being residing the following documents—

( a ) a copy of the maintenance order together with a copy of the enforcement order,

( b ) a certificate of arrears (Form 2),

( c ) a copy of the variation order (if any), and

( d ) any other relevant document.

(2) The district court clerk shall on receipt of the documents referred to in paragraph (1) proceed in the same manner as if the copy of the maintenance order had been received by him from the Master of the High Court.

(3) Where the maintenance debtor ceases to reside in the State the district court clerk shall forward the documents referred to in paragraph (1) to the Master of the High Court together with a statement (Form 15) giving such information as he possesses as to the whereabouts of such maintenance debtor.

7.—(1) An application by the district court clerk pursuant to section 14 (8) (b) of the Act shall be by information which shall be in accordance with Form 3.

(2) A warrant of arrest which may be issued on foot of such information shall be in accordance with Form 4.

(3) A justice may, however, if he thinks fit, instead of issuing such warrant as provided by section 8 (1) of the Enforcement of Court Orders Act, 1940 , issue a summons on foot of such information. Such summons shall be in accordance with Form 5.

(4) Where after the issue of the summons it seems fit to the justice, at any time before the date of hearing of the application, to issue a warrant of arrest he may issue such warrant notwithstanding the fact that a summons has already been issued.

(5) A warrant for the arrest of a person who fails to appear in answer to the summons shall be in accordance with Form 6.

8. On the hearing of the application referred to in Rule 7 (1) the district court clerk shall tender as evidence—

( a ) a copy of the maintenance order,

( b ) a copy of the enforcement order made by the Master of the High Court,

( c ) the request in writing received by him from the maintenance creditor, and

( d ) any other relevant document.

Such clerk shall also prove the amount of arrears due.

9.—(1) Where pursuant to section 8 (1) of the Enforcement of Court Orders Act, 1940 , the court makes an order for the imprisonment of the maintenance debtor the warrant of committal shall be in accordance with Form 7.

(2) Where the court makes an order for the distress and sale of the goods of the maintenance debtor the warrant of distress shall be in accordance with Form 8.

(3) Where any such order is made the district court clerk shall by notice (Form 9) notify the maintenance creditor of the making of same.

INSTITUTION OF PROCEEDINGS AGAINST A PERSON RESIDING IN A RECIPROCATING JURISDICTION

10. Where proceedings are instituted against a person residing in a reciprocating jurisdiction for the making, variation or revocation of a maintenance order, pursuant to section 17 of the Act, the district court clerk to whom the complaint or application is made, shall send the following documents to the Master of the High Court by registered prepaid post—

( a ) notice of the institution of the proceedings (Forms 10 to 14, as the case may be),

( b ) a statement (Form 15) signed by such clerk giving such information as he possesses as to the whereabouts of the person against whom the proceedings have been instituted,

( c ) a statement (Form 16) signed by such clerk giving such information as he possesses for facilitating the identification of that person,

( d ) where available, a photograph of that person, and

( e ) any other relevant document.

Such clerk shall also send with the aforesaid documents a Schedule thereof in duplicate (Form 17).

11. When proof of service of the notice of institution of proceedings has been received by the district court clerk he shall list the proceedings for hearing before the court on a date not earlier than twenty-one days after the date on which the notice of the institution of proceedings was served, and shall by notice (Form 18) inform both parties to the proceedings by registered prepaid post of the date, time and place of such hearing.

12. On the hearing of the proceedings the district court clerk shall produce to the court any communication or correspondence received by him.

13. The order of the court hearing the proceedings shall be in accordance with Forms 19 to 22, as the case may be. Notice of the making of any such order (Form 23) shall be sent by the district court clerk by registered prepaid post to the person against whom the order is made.

TRANSMISSION OF MAINTENANCE ORDERS TO RECIPROCATING JURISDICTION FOR ENFORCEMENT

14.—(1) An application by a maintenance creditor to have a maintenance order made by the District Court enforced against a person residing in a reciprocating jurisdiction, pursuant to section 19 of the Act, shall be by notice which shall be in accordance with Form 24.

(2) The district court clerk to whom such application is made shall, if it appears to him that the maintenance debtor is residing in a reciprocating jurisdiction,

( a ) send notice of the order (Form 23) by registered prepaid post to the maintenance debtor, and

( b ) send by registered prepaid post to the Master of the High Court the following documents—

(i) a certified copy of the maintenance order,

(ii) in the case of a maintenance order made in default of appearance, the original or a certified copy of the document which establishes that notice of the institution of the proceedings was served on the person in default,

(iii) a certificate (Form 25) signed by such clerk certifying that the maintenance order is enforceable in the State and that notice thereof has been sent to the maintenance debtor by registered post,

(iv) a certificate (Form 26) signed by such clerk of any arrears under the order,

(v) a statement (Form 15) signed by such clerk giving such information as he possesses as to the whereabouts of the maintenance debtor,

(vi) a statement (Form 16) signed by such clerk giving such information as he possesses for facilitating the identification of the maintenance debtor,

(vii) where available, a photograph of the maintenance debtor, and

(viii) any other relevant document.

Such clerk shall also send with the aforesaid documents a Schedule thereof in duplicate (Form 27).

(3) Where a maintenance order, which is being enforced by a court in a reciprocating jurisdiction is varied or revoked, the district court clerk shall send a certified copy of such variation order or revocation order, as the case may be, to such court.

OBTAINING OF EVIDENCE FROM COURT IN RECIPROCATING JURISDICTION

15. A request for the taking of evidence of a person residing in a reciprocating jurisdiction, pursuant to section 20 of the Act, shall be in accordance with Form 28, and shall be sent, by registered prepaid post, by the district court clerk to the Master of the High Court for transmission by him to the appropriate authority in the reciprocating jurisdiction.

TAKING OF EVIDENCE FOR COURT IN RECIPROCATING JURISDICTION

16.—(1) Where pursuant to section 21 of the Act a justice of the District Court receives a request from the Master of the High Court for the taking of evidence of a person residing in such justice's district, the justice shall cause the district court clerk for the court area in which such person resides to sign and issue a summons (Form 29) directed to such person requiring him to appear before such justice at a specified date, time and place to give evidence in relation to the subject matter of the request.

(2) The evidence of such person shall be taken on oath and in writing in accordance with Form 30.

(3) Such evidence may, at the discretion of the justice, be taken in chambers.

(4) The procedure contained in Rules 53 and 54 of the District Court Rules, 1948 (S.R. & O. 1947, No. 431), for the purpose of procuring the attendance of a person who fails or refuses to attend or when present in court refuses to take the oath or refuses to give evidence shall apply to the taking of evidence under this rule.

(6) When the evidence has been taken the clerk shall transmit same by registered prepaid post to the Master of the High Court.

PROVISIONS REGARDING SUMMONSES AND WARRANTS

17. The provisions regarding the service of summonses in cases of summary jurisdiction contained in the District Court Rules, 1948, (S.R. & O. 1947, No. 431), and the provisions regarding the service of a District Court document by registered prepaid post, contained in section 7 of the Courts Act, 1964 (1964, No. 11), shall apply to the service of summonses under these Rules.

18. The provisions regarding the addressing and execution of warrants in criminal proceedings contained in the District Court Rules, 1948 (S.R. & O. 1947, No. 431), shall apply to warrants issued under these Rules, with the proviso that warrants of distress shall be addressed to and executed by the several sheriffs and county registrars.

SCHEDULE OF FORMS

General heading to be used for all forms:—

THE DISTRICT COURT

MAINTENANCE ORDERS ACT, 1974

section 14 (8) (a)

NOTICE THAT PAYMENTS HAVE BECOME PAYABLE TO THE DISTRICT COURT CLERK FOR TRANSMISSION TO MAINTENANCE CREDITOR

You are hereby given notice that the sums, particulars of which are set out below, payable by you under a maintenance order made on the  day of     19 , by*

and in respect of which an enforcement order was made by the Master of the High Court on the day of     19 , have pursuant to section 14 (8) (a) of the above Act become payable to the district court clerk for the above court area for transmission to the maintenance creditor.

Payments under the order (including payments in respect of any sums due at the date of the receipt by you of this notice) should henceforth, until further notice, be paid to the district court clerk at          between the hours of   and    Monday to Friday.

Dated this  day of     19 .

PARTICULARS

(Insert particulars of sums due)

In addition to this amount you are obliged to pay £    per week in accordance with the order.

To

of

Maintenance Debtor

NOTE:—Section 14 (9) of the Act provides as follows:— "A maintenance debtor under an enforceable maintenance order shall give notice to the district court clerk for the district court area in which he has been residing of any change of address and, if he fails without reasonable cause to do so, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds."

*State Court which made order

MAINTENANCE ORDERS ACT, 1974

CERTIFICATE OF ARREARS

I hereby certify that the sums payable to the district court clerk for the above court area on behalf of............................................................ ............................................................ ...................................................

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

by............................................................ ............................................................ ..................................................

now residing at............................................................ ............................................................ ............................

under a maintenance order made on the  day of    19  , by*

and in respect of which an enforcement order was made by the Master of the High Court on the  day of        19  ,

†[have not been paid in full, and that there is, according to the best of my information and belief, in arrear the sum of £    being the amount of    weekly payments which have become due and payable up to and including the   day of      19 , (together with the sum of £     for costs and expenses making in all the total sum of £   )].

†[have been paid in full up to and including the    day of     19 , and that there are no arrears due]

Dated this   day of      19 .

*State Court which made order

†Delete whichever inapplicable

MAINTENANCE ORDERS ACT, 1974 section 14 (8) (b)

ENFORCEMENT OF COURT ORDERS ACT, 1940

section 8

INFORMATION

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

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

who says on oath:—

1. I am the district court clerk for the above court area and pursuant to sections 14 (8) (a) and 14 (8) (b) of the Maintenance Orders Act, 1974 , I am the person to whom payments under the maintenance order referred to herein are to be paid and the person authorised to take these proceedings.

2. By maintenance order made on the   day of     19 , by*

the maintenance debtor

now residing at ............................................................ ............................................................ .................

in court area and district aforesaid was ordered to pay £   per week (together with the sum of £ 

for costs and expenses)

to ............................................................ ............................................................ .......................................

of ............................................................ ............................... (hereinafter referred to as the maintenance creditor).

I wish to refer to a copy of such order when produced upon which marked with the letter "A" I have endorsed my name prior to the swearing hereof.

3. On the  day of     19 , the Master of the High Court made an enforcement order in respect of such maintenance order.

I wish to refer to a copy of such order when produced upon which marked with the letter "B'" I have endorsed my name prior to the swearing hereof.

4. The payments directed to be made by the said maintenance order as ordered to be enforced by the said enforcement order have not been duly made according thereto and there is now in arrear in respect of the same the sum of £    being the amount of     weekly payments which have become due and payable within the six months immediately preceding the date of this information (together with the sum of £ for costs and expenses making in all the sum of £   ).

5. By letter dated    day of        19 , I have been requested in writing by the maintenance creditor to make application under section 8 of the Enforcement of Court Orders Act, 1940 .

I wish to refer to the said letter when produced upon which marked with the letter "C" I have endorsed my name prior to the swearing hereof.

6. I therefore apply for the issue of a warrant for the arrest of the said

............................................................ ............................................................ ..............................................

*State Court which made order

MAINTENANCE ORDERS ACT, 1974 section 14 (8) (b)

ENFORCEMENT OF COURT ORDERS ACT, 1940

section 8

WARRANT OF ARREST

WHEREAS an information and complaint has been made on oath and in writing by

the district court clerk for the above court area (he being the person to whom, pursuant to sections 14 (8) (a) and 14 (8) (b) of the Maintenance Orders Act, 1974 , payments under the maintenance order referred to herein are to be paid and the person authorised to take these proceedings) that by maintenance order made on the    day of     19 ,

by*

the maintenance debtor

now residing at ............................................................ ............................................. in court area and district aforesaid was ordered to pay the sum of £   per week (together with the sum of £     for costs and expenses) to............................................................ ............................................................ ....................................................

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

(hereinafter referred to as the maintenance creditor);

AND WHEREAS the Master of the High Court on the   day of      19 , made an enforcement order in respect of such maintenance order;

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

AND WHEREAS by letter dated     day of       19 , the said clerk was requested in writing by the maintenance creditor to make application under section 8 of the Enforcement of Court Orders Act, 1940 .

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said ..................

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

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

Dated this    day of       19 .

To the Superintendent of the Garda Síochána

at

†ENDORSEMENT AS TO RELEASE ON BAIL

I hereby direct that the person named in this warrant be on arrest released on entering into a recognisance himself in the sum of £    and one sufficient surety in the sum of £  or two sufficient sureties in the sum of £    each conditioned for the appearance of the said ................................................... at the sitting of the District Court in District No.

next following the date of his arrest.

Dated this  day of      19 .

*State Court which made order

†Delete where inapplicable

MAINTENANCE ORDERS ACT, 1974

section 14 (8) (b)

ENFORCEMENT OF COURT ORDERS ACT, 1940

section 8

SUMMONS FOR ATTENDANCE OF MAINTENANCE DEBTOR

WHEREAS an information and complaint has been made on oath and in writing by

the district court clerk for the above court area (he being the person to whom, pursuant to sections 14 (8) (a) and 14 (8) (b) of the Maintenance Orders Act, 1974 , payments under the maintenance order referred to herein are to be paid and the person authorised to take these proceedings) that by maintenance order made on the   day of      19 , by*

the maintenance debtor

now residing at. ............................................................ ........................in court area and district aforesaid was ordered to pay the sum of £   per week (together with the sum of £    for costs and expenses)

to ............................................................ ............................................................ ...................................................

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

(hereinafter referred to as the maintenance creditor);

AND WHEREAS the Master of the High Court on the   day of     19 , made an enforcement order in respect of such maintenance order;

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

AND WHEREAS by letter dated    day of       19  , the said clerk was requested in writing by the maintenance creditor to make application under section 8 of the Enforcement of Court Orders Act, 1940 .

THIS IS TO COMMAND YOU to appear at the sitting of the District Court at

on the    day of       19 , at  .m. to answer the said complaint.

Dated this   day of        19 .

To

of

Maintenance Debtor

*State Court which made order

MAINTENANCE ORDERS ACT, 1974

section 14 (8) (b)

ENFORCEMENT OF COURT ORDERS ACT, 1940

section 8

WARRANT OF ARREST

(non-appearance on summons)

WHEREAS on the   day of      19  , a summons was issued requiring ............................................................ ............................................................ ......................................................

of ............................................................ ....................................... to appear at the sitting of the District Court at

on the   day of      19 , at    .m. to answer a complaint that payments due by him under an enforceable maintenance order had not been duly made;

AND WHEREAS the said ............................................................ ..................................................... has failed to appear at the said time and place;

AND WHEREAS it has been proved that the summons was duly served on the said ............................................................ .................... in accordance with law.

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said ............................................................ ............................................................ .....................................................

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

Dated this   day of       19  .

To the Superintendent of the Garda Síochána

at

MAINTENANCE ORDERS ACT, 1974

section 14 (8) (b)

ENFORCEMENT OF COURT ORDERS ACT, 1940

section 8

WARRANT OF COMMITTAL

WHEREAS ............................................................ ............................................................ ........................

of ............................................................ ............................................................ .................................................. (hereinafter referred to as the maintenance debtor) was this day before me, at a sitting of the District Court at

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

1. By maintenance order made on the    day of        19  ,

by †

the maintenance debtor now residing at............................................................ .............. in court area and district aforesaid was ordered to pay £   per week (together with the sum of £   for costs and expenses) to ............................................................ ........................................................

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

(hereinafter referred to as the maintenance creditor).

2. The Master of the High Court on the   day of    19  , made an enforcement order in respect of such maintenance order.

3. By letter dated     day of       19 , the district court clerk for the above court area and district was requested in writing by the maintenance creditor to make application under section 8 of the Enforcement of Court Orders Act, 1940 .

AND WHEREAS a copy of the maintenance order, of the enforcement order and of the request received by the district court clerk have been produced to me;

AND WHEREAS I am satisfied on the evidence adduced that of the said weekly payments which have become due and payable by virtue of the said maintenance order as ordered to be enforced by the said enforcement order within the six months immediately preceding the date of the application the sum of £    (together with the sum of £ for costs and expenses making in all the total sum of £    ) has not been duly paid;

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

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

Dated this   day of      19  .

WARRANT TO ENFORCE ORDER

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said ...................

of ............................................................ ............................................................ .. and lodge him in the prison at ............................................................ ......... there to be imprisoned by the governor of the said prison for a period of ....................................................... pursuant to the above Order unless the sum of £   be sooner paid.

Dated this   day of     19  .

To the Superintendent of the Garda Síochána

at

†State Court which made order

*Delete whichever inapplicable

MAINTENANCE ORDERS ACT, 1974

section 14 (8) (b)

ENFORCEMENT OF COURT ORDERS ACT, 1940

section 8

WARRANT OF DISTRESS AND SALE

WHEREAS ............................................................ ............................................................ ........................

of ............................................................ ............................................................ ................................................... (hereinafter referred to as the maintenance debtor) was this day before me, at a sitting of the District Court at

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

1. By maintenance order made on the    day of       19 ,

by† ............................................................ ............................................................ ................................... the maintenance debtor now residing at ............................................................ ................................. in court area and district aforesaid was ordered to pay £    per week (together with the sum of £    for costs and expenses)

to ............................................................ ............................................................ .....................................

of ............................................................ ............................................................ ....................................... (hereinafter referred to as the maintenance creditor).

2. The Master of the High Court on the   day of     19  , made an enforcement order in respect of such maintenance order.

3. By letter dated   day of        19  , the district court clerk for the above court area and district was requested in writing by the maintenance creditor to make application under section 8 of the Enforcement of Court Orders Act, 1940 .

AND WHEREAS a copy of the maintenance order, of the enforcement order and of the request received by the district court clerk have been produced to me;

AND WHEREAS I am satisfied on the evidence adduced that of the said weekly payments which have become due and payable by virtue of the said maintenance order as ordered to be enforced by the said enforcement order within the six months immediately preceding the date of the application the sum of £   (together with the sum of £   for costs and expenses making in all the total sum of £    ) has not been duly paid;

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

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

This warrant to be returned in    days if not executed.

Dated this   day of        19 .

To the several Sheriffs and County Registrars

County of

............................................................ .................

I authorise and empower ........................................

and............................................................ ......... of ............................................................ .

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

Dated this   day of      19 .

†State Court which made order

*Delete whichever inapplicable

MAINTENANCE ORDERS ACT, 1974

section 14 (8) (b)

ENFORCEMENT OF COURT ORDERS ACT, 1940

section 8 (1)

NOTICE TO MAINTENANCE CREDITOR OF MAKING OF ORDER

TAKE NOTICE that at the hearing of the proceedings which you requested me to take against the above named maintenance debtor the Court on the    day of        19  , ordered as follows*

Dated this    day of       19  .

To

of

Maintenance Creditor

*Set out order of Court

MARRIED WOMEN (MAINTENANCE IN CASE OF DESERTION)

ACT, 1886 (AS AMENDED)

MAINTENANCE ORDERS ACT, 1974

section 17

NOTICE OF INSTITUTION OF PROCEEDINGS

YOU ARE HEREBY GIVEN NOTICE that proceedings have been instituted against you ............................................................ ............................................................ ..............................................

now residing at ............................................................ ............................................................ ..................

by ............................................................ ............................................................ ..........................................

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

in court area and district aforesaid that you being the husband of the above named complainant and being able wholly and in part to maintain her *(and her family namely.

under the age of 16 years)

do wilfully refuse or neglect to do so, and have deserted her.

IF YOU INTEND TO †DEFEND OR BE REPRESENTED AT THE HEARING OF THESE PROCEEDINGS you should fill in and sign the attached notice of defence and send it by prepaid registered post to the district court clerk at           before the expiration of ten days from the date of service of this notice upon you.

IF YOU DO NOT INTEND TO DEFEND OR BE REPRESENTED AT THE HEARING you should fill in and sign the attached statement of means so as to assist the Court in making a fair assessment of the amount you would be in a position to pay.

IF YOU FAIL TO RETURN EITHER THE NOTICE OF DEFENCE OR THE STATEMENT OF MEANS THEN THESE PROCEEDINGS MAY BE LISTED FOR HEARING WITHOUT FURTHER NOTICE TO YOU.

Dated this   day of        19  .

To

of

†The court may admit as evidence a letter written by you or an affidavit or other document made or signed by you.

*Delete where inapplicable

NOTICE OF DEFENCE

I............................................................ ....................... of ............................................................ ...............

intend to defend or be represented at the hearing of the proceedings brought against me by ............

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

Further communications regarding these proceedings should be forwarded to me at .................

Dated this   day of       19  .

To the District Court Clerk

at

____________________________

STATEMENT OF MEANS

I ....................................................... of ............................................................ .........................................

do not intend to defend or be represented at the hearing of the proceedings brought against me by............................................................ ............................................................ .................................................

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

I set out hereunder particulars of my present income and liabilities*

Further communications regarding these proceedings should be forwarded to me at ..................

Dated this    day of       19 .

To the District Court Clerk

at

*Supporting evidence, e.g. certificate of earnings or tax assessment, should be attached where possible.

MARRIED WOMEN (MAINTENANCE IN CASE OF DESERTION)

ACT, 1886 (AS AMENDED)

MAINTENANCE ORDERS ACT, 1974

section 17

NOTICE OF THE INSTITUTION OF PROCEEDINGS FOR VARIATION OR REVOCATION OF MAINTENANCE ORDER

YOU ARE HEREBY GIVEN NOTICE that proceedings have been instituted against

you ............................................................ ............................................................ ..............................................

now residing at ............................................................ ............................................................ ..........................

by ............................................................ ............................................................ .................................................

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

in court area and district aforesaid to have the maintenance order made at the sitting of the District Court at

on the   day of         19 , whereby you were ordered to pay to your wife the above named complainant the sum of £    per week for her support *(and the sum of £  per week for the support of her family) on the grounds that—

IF YOU INTEND TO †DEFEND OR BE REPRESENTED AT THE HEARING OF THESE PROCEEDINGS you should fill in and sign the attached notice of defence and send it by prepaid registered post to the district court clerk at        before the expiration of ten days from the date of service of this notice upon you.

IF YOU DO NOT INTEND TO DEFEND OR BE REPRESENTED AT THE HEARING you should fill in and sign the attached statement of means so as to assist the Court in making a fair assessment of the amount you would be in a position to pay.

IF YOU FAIL TO RETURN EITHER THE NOTICE OF DEFENCE OR THE STATEMENT OF MEANS THEN THESE PROCEEDINGS MAY BE LISTED FOR HEARING WITHOUT FURTHER NOTICE TO YOU.

Dated this   day of         19 .

To

of

†The court may admit as evidence a letter written by you or an affidavit or other document made or signed by you.

Notice of Defence and Statement of Means as in Form 10

*Delete whichever applicable

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930

(AS AMENDED)

MAINTENANCE ORDERS ACT, 1974

section 17

NOTICE OF INSTITUTION OF PROCEEDINGS BEFORE BIRTH OF CHILD.

YOU ARE HEREBY GIVEN NOTICE that proceedings for the making of an affiliation order have been instituted against you ............................................................ ............................................................ ...........

now residing at ............................................................ ............................................................ ........................

by ............................................................ ............................................................ ...............................................

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

in the court area and district aforesaid

who is

now with illegitimate child which she expects to be born on the   day of    19 , and who on the    day of        19 , made an information in writing upon oath identifying you as the father of such child.

IF YOU INTEND TO †DEFEND OR BE REPRESENTED AT THE HEARING OF THESE PROCEEDINGS you should fill in and sign the attached notice of defence and send it by prepaid registered post to the district court clerk at      before the expiration of ten days from the date of service of this notice upon you.

IF YOU FAIL TO RETURN THE NOTICE OF DEFENCE THEN THESE PROCEEDINGS MAY BE LISTED FOR HEARING WITHOUT FURTHER NOTICE TO YOU.

Dated this   day of        19  .

To

of

*State whether single woman, widow or married woman living separate from

her husband

†The court may admit as evidence a letter written by you or an affidavit or other document made or signed by you.

NOTICE OF DEFENCE

I ............................................................ . of ............................................................ ..........................................

intend to defend or be represented at the hearing of the proceedings brought against me by............................................................ ............................................................ ...............................................

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

Further communications regarding these proceedings should be forwarded to me at ................

............................................................ ............................................................ .......................................................

Dated this    day of        19 .

To the District Court Clerk

at

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS)

ACT, 1930 (AS AMENDED)

MAINTENANCE ORDERS ACT, 1974

section 17

NOTICES OF INSTITUTION OF PROCEEDINGS

AFTER BIRTH OF CHILD

YOU ARE HEREBY GIVEN NOTICE that proceedings for the making of an affiliation order have been instituted against you ............................................................ ........................................................

now residing at ............................................................ ............................................................ ...........................

by ............................................................ ............................................................ ..................................................

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

in court area and district aforesaid

who is* ............................................................ ............................................................ .........................................

and the mother of an illegitimate child named ............................................................ ....................................

born on the    day of        19  , and who on the     day of        19  , made an information in writing upon oath identifying you as the father of such child† [and averring that †you contributed to the maintenance of the said child within six months after its birth †were not resident in the State at the date of birth of the said child and first entered the State after the date of such birth within the past six months †were resident in the State at the date of the birth of the said child but ceased to be so resident within six months after such date and first returned to the State after such cesser within he past six months].

IF YOU INTEND TO †DEFEND OR BE REPRESENTED AT THE HEARING OF THESE PROCEEDINGS you should fill in and sign the attached notice of defence and send it by prepaid registered post to the district court clerk at           before the expiration of ten days from the date of service of this notice upon you.

IF YOU FAIL TO RETURN THE NOTICE OF DEFENCE THEN THESE PROCEEDINGS MAY BE LISTED FOR HEARING WITHOUT FURTHER NOTICE TO YOU.

Dated this   day of       19 .

To

of

____________________________

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

†The court may admit as evidence a letter written by you or an affidavit or other document made or signed by you.

Notice of Defence as in Form 12.

†Delete whichever inapplicable

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS)

ACT, 1930 (AS AMENDED)

MAINTENANCE ORDERS ACT, 1974

section 17

NOTICE OF INSTITUTION OF PROCEEDINGS FOR VARIATION

OR REVOCATION OF AFFILIATION ORDER

YOU ARE HEREBY GIVEN NOTICE that proceedings have been instituted against you............................................................ ............................................................ ...............................................

now residing at ............................................................ ............................................................ ..........................

by ............................................................ ............................................................ .................................................

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

in court area and district aforesaid

to have the Affiliation Order made at the sitting of the District Court at

on the  day of       19  , whereby you were ordered to pay the sum of £    per week for the maintenance of ............................................................ .....

of which you were adjudged to be the putative father on the grounds that

IF YOU INTEND TO †DEFEND OR BE REPRESENTED AT THE HEARING OF THESE PROCEEDINGS you should fill in and sign the attached notice of defence and send it by prepaid registered post to the district court clerk at           before the expiration of ten days from the date of service of this notice upon you.

IF YOU DO NOT INTEND TO DEFEND OR BE REPRESENTED AT THE HEARING, you should fill in and sign the attached statement of means so as to assist the Court in making a fair assessment of the amount you would be in a position to pay.

IF YOU FAIL TO RETURN EITHER THE NOTICE OF DEFENCE OR THE STATEMENT OF MEANS THEN THESE PROCEEDINGS MAY BE LISTED FOR HEARING WITHOUT FURTHER NOTICE TO YOU.

Dated this   day of    19 .

To

of

†The court may admit as evidence a letter written by you or an affidavit or other document made or signed by you.

Notice of Defence and Statement of Means as in Form 10

*Delete whichever inapplicable

MAINTENANCE ORDERS ACT, 1974

STATEMENT AS TO WHEREABOUTS OF PERSON

Following is a statement of the information I possess regarding the whereabouts of the said ............................................................ ...............................................

Dated this  day of      19 .

*Delete whichever inapplicable

MAINTENANCE ORDERS ACT, 1974

STATEMENT AS TO IDENTIFICATION OF PERSON

Following is a statement of the information I possess regarding the identification of the said ................................

Dated this  day of       19 .

Note:—Photograph where available to be attached.

*Delete whichever inapplicable

MAINTENANCE ORDERS ACT, 1974

section 17

SCHEDULE OF DOCUMENTS

Proceedings have been instituted for the *making/ *variation/ *revocation of an Order made under the

*Married Women (Maintenance in case of Desertion) Act, 1886

* Illegitimate Children (Affiliation Orders) Act, 1930

and in this regard I am enclosing herewith the following documents:—

Dated this   day of      19 .

To the Master of the High Court

Four Courts

Dublin 7

____________________________

*Delete whichever inapplicable

MAINTENANCE ORDERS ACT, 1974

section 17

NOTICE OF HEARING

TAKE NOTICE that the above proceedings have been listed for hearing at the sitting of the District Court at

*on the  day of      19 , at  .m.

Dated this   day of        19 .

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

District Court Clerk for above court area

To

of

and

To

of

*In proceedings under the Illegitimate Children (Affiliation Orders) Act, 1930 , instituted before the birth of child, the date of hearing must not be earlier than fourteen days after the day on which the child is expected to be born.

MARRIED WOMEN (MAINTENANCE IN CASE OF DESERTION)

ACT, 1886 (AS AMENDED)

MAINTENANCE ORDERS ACT, 1974

section 17

MAINTENANCE ORDER

WHEREAS on the hearing of a complaint on the   day of

19 , brought by the complainant, a married woman residing at ............................................................ ..

in court area and district aforesaid that the defendant being the husband of the said complainant and now residing at............................................................ ............................................................ ....................

and being able wholly or in part to maintain her *(and her family) wilfully refuses or neglects to do so and has deserted her;

AND after hearing the evidence tendered by or on behalf of the complainant *(and the defendant);

AND WHEREAS the Court is satisfied—

(i) that notice of the institution of these proceedings was served on the defendant at ............................................................ ................................................. in accordance with the law of that place,

(ii) that such notice was served on the defendant in sufficient time to enable him to arrange for his defence, and

(iii) that such notice included a statement of the substance of the said complaint;

THE COURT HEREBY ORDERS—

*l. That the defendant pay to his wife, the said complainant, for her support the weekly sum of £

*2. That the defendant pay to his wife, the said complainant, a [further] weekly sum of £    for the support of each child named hereunder until such child shall attain the age of 16 years:—

3. That the first of such payments *(making in all the total sum of £   weekly) be made on the   day of       19 .

*4. That the defendant pay to his wife, the said complainant, the sum of £   being the costs incurred in obtaining this Order.

Dated this   day of      19 .

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

Justice of the District Court

*Delete where inapplicable

MARRIED WOMEN (MAINTENANCE IN CASE OF DESERTION)

ACT, 1886 (AS AMENDED)

MAINTENANCE ORDERS ACT, 1974

section 17

WHEREAS by maintenance order dated   day of      19  made at the sitting of the District Court at the above named defendant now residing at ............................................... was ordered to pay to the complainant herein residing at ............................................................ ...... in the court area and district of aforesaid for her support the weekly sum of £

†[together with further weekly sum of £     for the support of each child named hereunder until such child shall attain the age of 16 years :—

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

of     19 , by the said for of the said maintenance order,

AND after hearing the evidence tendered by or on behalf of the complainant †(and the defendant);

AND WHEREAS the Court is satisfied—

(i) that notice of the institution of these proceedings was served on the defendant at ............................................................ ........ in accordance with the law of that place,

(ii) that such notice was served on the defendant in sufficient time to enable him to arrange for his defence, and

(iii) that such notice included a statement of the substance of the said application.

THE COURT HEREBY ORDERS—

1. That the said maintenance order dated   day of

19 , be

†2. That the said defendant pay to his wife, the said complainant, for her support the sum of £   per week.

†3. That the said defendant pay to his wife, the said complainant, a [further] sum of £ per week for the support of each child named hereunder until such child shall attain the age of 16 years:—

4. That the first of such payments (making in all the total sum of £   weekly) be made on the  day of      19 .

†5. That the said defendant pay to his wife, the said complainant, the sum of £  being the costs incurred in obtaining this order.

Dated this  day of     19 .

*Delete whichever inapplicable

†Delete where inapplicable

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT, 1930

(AS AMENDED)

MAINTENANCE ORDERS ACT, 1974

section 17

AFFILIATION ORDER

WHEREAS an application was made this day for an Affiliation Order by the above named applicant, who is (a)

residing at ............................................................ ............................................................ ....

in the court area and district aforesaid and who was delivered of an illegitimate child named  on the    day of        19 ;

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

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

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

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

AND WHEREAS the Court is satisfied—

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

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

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

AND WHEREAS the Court is further satisfied—

(i) that notice of the institution of these proceedings was served on the respondent at......................... in accordance with the law of that place,

(ii) that such notice was served on the respondent in sufficient time to enable him to arrange for his defence, and

(iii) that such notice included a statement of the substance of the said application.

THE COURT HEREBY ORDERS—

1. That the said respondent now residing at ................................................ be adjudged to be the putative father of the said child.

*2. That the said respondent pay to the said applicant the weekly sum of £    for the support of the said child.

*3. That the first of such weekly payments be made on the   day of     19 .

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

Dated this  day of       19  .

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

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

*Delete where inapplicable

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS)

ACT, 1930 (AS AMENDED)

MAINTENANCE ORDERS ACT, 1974

section 17

WHEREAS by affiliation order dated  day of       19  , made at the sitting of the District Court at

the above named respondent now residing at ............................................................ .................

was ordered to pay to the above named applicant of ............................................................ ............................................

in court area and district aforesaid the weekly sum of £   for the support of the illegitimate child named ............................................................ ..................................................;

AND WHEREAS an application was made on the   day of    19 by the said

for a of the said affiliation order,

†AND after hearing the evidence tendered by the applicant †(and the respondent);

AND WHEREAS the Court is satisfied—

(i) that notice of the institution of these proceedings was served on the respondent at ............................................................ ................ in accordance with the law of that place,

(ii) that such notice was served on the respondent in sufficient time to enable him to arrange for his defence, and

(iii) that such notice included a statement of the substance of the said application.

THE COURT HEREBY ORDERS—

1. That the said Affiliation Order dated   day of

19 , be

†That the said respondent pay to the said applicant the sum of £  per week for the support of the illegitimate child named............................

†3. That the first of such weekly payments be made on the    day of

19 ,

†4. That the said respondent pay to the said applicant the sum of £   

being the costs incurred in obtaining this order.

Dated this   day of        19  .

*Delete whichever inapplicable

†Delete where inapplicable

MAINTENANCE ORDERS ACT, 1974

section 19

NOTICE TO MAINTENANCE DEBTOR OF THE MAKING OF

MAINTENANCE ORDER

TAKE NOTICE that at the sitting of the District Court at

on the   day of         19 , an Order was made against you, the above named maintenance debtor to the following effect:—

Dated this  day of        19  .

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

District Court Clerk for above court area

To

of

Maintenance debtor

*Set out Order of the Court

MAINTENANCE ORDERS ACT, 1974

section 19

APPLICATION TO HAVE MAINTENANCE ORDER TRANSMITTED TO RECIPROCATING JURISDICTION FOR ENFORCEMENT

By maintenance order dated    day of        19  , and made at the sitting of the District Court at               the above named maintenance debtor was ordered to pay to me, the above named maintenance creditor of ............................................................ ....................... in court area and district aforesaid, the sum of £    per week *(together with the sum of £   for costs and expenses).

The said maintenance debtor is now residing at ........................................ ........................................ and I, pursuant to the above Act, hereby apply to have the said maintenance order transmitted to the appropriate jurisdiction for enforcement.

Dated this   day of         19 .

To the District Court Clerk

at

*Delete where inapplicable

MAINTENANCE ORDERS ACT, 1974

section 19

CERTIFICATE THAT MAINTENANCE ORDER IS ENFORCEABLE IN THE STATE AND THAT NOTICE THEREOF HAS BEEN SENT TO MAINTENANCE DEBTOR

I hereby certify that the maintenance order (a certified copy of which is enclosed herewith) is enforceable in this State.

I further hereby certify that notice of such order was sent by registered prepaid post on the  day of         19 , to the maintenance debtor at the following address—

Dated this    day of         19 .

MAINTENANCE ORDERS ACT, 1974

section 19

CERTIFICATE OF ARREARS

I hereby certify that the payments directed to be made under the maintenance order (a certified copy of which is enclosed herewith)

*[have not been paid in full, and that there is, according to the best of my information and belief, in arrear the sum of £     being the amount of       weekly payments which have become due and payable up to and including the  day of       19 , (together with the sum of £    for costs and expenses making in all the total sum of £   ).

I further certify that this sum does not include payments falling due prior to the 1st day of April, 1975, being the date of commencement of the Maintenance Orders Act, 1974 ].

*[have been paid in full up to and including the   day of       19  , and that there are no arrears due].

Dated this  day of        19 .

*Delete whichever inapplicable

MAINTENANCE ORDERS ACT, 1974

section 19

SCHEDULE OF DOCUMENTS

Application has been made to me, the district court clerk for the above court area, to have the maintenance order referred to herein transmitted to the appropriate jurisdiction for enforcement and in this regard I am enclosing herewith the following documents :—

Dated this  day of       19 .

To the Master of the High Court

Four Courts

Dublin 7

____________________________

The documents particulars of which are set out above have been received by me on the  day of         19 .

Dated this   day of        19 .

To the District Court Clerk

at

MAINTENANCE ORDERS ACT, 1974

section 20

REQUEST FOR THE TAKING OF EVIDENCE OF PERSON

RESIDING IN RECIPROCATING JURISDICTION

The above proceedings are at present at hearing before the District Court at..........................

The nature of the proceedings is as follows:—

The Court now requests that the evidence of ............................................................ .......................

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

be taken regard the following matters* (and that the following questions be asked of the said ............................................................ ............................................................ ..................).

Dated this   day of         19 .

To the Master of the High Court

Four Courts

Dublin 7

*Delete where inapplicable

MAINTENANCE ORDERS ACT, 1974

section 21

SUMMONS FOR ATTENDANCE OF PERSON TO GIVE EVIDENCE

WHEREAS for the purpose of the above mentioned maintenance proceedings in the*

a request has been received by the Master of the High Court for the taking in the State of evidence from you relating to the following matters specified in the request:—

AND WHEREAS the Master has requested the justice of the District Court assigned to the above-mentioned District to take such evidence;

YOU ARE HEREBY REQUIRED to appear before the said justice at

on the  day of        19 , at   .m. for the purpose of giving such evidence.

Dated this  day of         19 .

To

of

*State name of Court

MAINTENANCE ORDERS ACT, 1974

DEPOSITION

At present at hearing before*............................................................ .....................................................

at ............................................................ ............................................................ ......................................................

The deposition of ............................................................ ............................................................ .............

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

who says on oath:—

Taken before me this   day of             19  , at ............................................................ ..........

I certify that the foregoing deposition record the evidence given before me by the deponent.

*State name of Court

GIVEN this 18th day of March, 1975.

I concur in the making of the forgoing Rules.

Dated this 19th day of March, 1975.

PATRICK COONEY

Minister for Justice

EXPLANATORY NOTE

These Rules, which come into operation on 1st April, 1975, regulate the practice and procedure of the District Court under the Maintenance Orders Act, 1974 , which makes provision in relation to the reciprocal recognition and enforcement of maintenance orders as between the State and Northern Ireland, England and Wales and Scotland.