S.I. No. 141/1982 - District Court (Guardianship of Infants Act, 1964) Rules, 1982.

S.I. No. 141 of 1982.

DISTRICT COURT (GUARDIANSHIP OF INFANTS ACT, 1964) RULES, 1982.

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. The Rules may be cited as the District Court ( Guardianship of Infants Act, 1964 ) Rules, 1982.

2. These Rules shall come into operation on the 14th day of May, 1982 and shall be read together with all other District Court Rules for the time being in force.

3. In these Rules

"the Act" means the Guardianship of Infants Act, 1964 (No. 7 of 1964);

"Form" means a form set out in the schedule of forms annexed to these Rules, or such modification thereof as may be appropriate.

4. Proceedings under the Act may be brought, heard and determined at any sitting of the court for the district court area, or in the case of the Dublin Metropolitan District, the district, where any party to the proceedings ordinarily resides or carries on any profession, business or occupation.

5. Proceedings under the Act shall be heard otherwise than in public.

6. An application under section 7 (4) of the Act shall be by notice in the Form 1 and shall be served on the surviving parent and any other guardian of the infant, and the order of the court thereon shall be in the Form 2,3 or 4 as appropriate.

7. An application to appoint a guardian or guardians under section 8 (1) of the Act shall be made ex parte in the first instance in the Form 5 and the order of the court thereon shall be in the Form 6.

8. An application to appoint a guardian or guardians under section 8 (2) of the Act may be made ex parte by the surviving parent and in any other case shall be by notice in the Form 7 to that parent and the order of the court thereon shall be in the Form 8.

9. An application under section 8 (4) or 8 (5) of the Act shall be by notice in the Form 9 and shall be served on each guardian of the infant. The order of the court thereon shall be in the Form 10.

10. An application under section 11 of the Act for the court's direction shall be by notice in the Form 11 and shall be served on all other guardians of the infant.

11. An application under section 12 of the Act for a variation order or an order discharging shall be by notice in the Form 12 and shall be served on all other guardians of the infant. The order of the court thereon shall be in the Form 13.

12. An application under Part III of the Act for an order for the production of an infant shall be by notice in the Form 14 and shall be served on the person having custody of the infant. The order of the Court thereon shall be in the Form 15 which shall be served by or on behalf of the applicant on said person. The orders of the court under sections 14, 15 or 16 of the Act, shall be in the Form 16, 17 or 18 as appropriate.

13. Notice of application under these Rules may be served by registered post twenty-one clear days at least before the sitting of the court to which the notice has been made returnable. Proof of service shall be by statutory declaration. The original of every such notice, with a statutory declaration as to service endorsed thereon, shall be lodged with the district court clerk seven days at least before the sitting.

14. The age of an infant may be proved by producing a certified extract from the register of births showing the date of the infant's birth.

15. In any proceedings under the Act the court may direct the service of notice on any person not already served.

SCHEDULE OF FORMS.

General heading to be used on all forms:—

WHEREAS the above-named Applicant of in the court area and district aforesaid, is a testamentary guardian of an infant residing at

*Delete words inapplicable.

*(and whereas the Respondent, the surviving parent of the infant, objects to the Applicant acting jointly with him/her as guardian of the infant),

*(and whereas the Applicant considers that the Respondent, the surviving parent of the infant, is unfit to have the custody of the infant),

TAKE NOTICE that the Applicant intends to apply at the sitting of the District Court to be held at ........... on the .................... day of ...................... 19 .................... at .m. for an order

*(that the applicant shall jointly with the Respondent act as guardian of the infant)

*(that the Applicant shall act as guardian of the infant to the exclusion of the Respondent),

To

of

UPON APPLICATION by the above-named applicant of

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

in the court area and district aforesaid, a testamentary guardian of............................................................ .....

an infant, for an order under section 7 of the Act

THE COURT being satisfied that the welfare of the infant so requires,

REFUSES TO MAKE AN ORDER

UPON APPLICATION by the above-named Applicant of ................ in the court area and district aforesaid, a testamentary guardian of ...................... infant(s), for an order under section 7 of the Act

THE COURT being satisfied that the welfare of the infant(s) so requires,

HEREBY ORDERS that the Applicant shall act jointly with the Respondent as guardian of the infant(s).

UPON APPLICATION by the above-named Applicant of ................................... in the court area and district aforesaid, a testamentary guardian of ...................... infant(s), for an order under section 7 of the Act

THE COURT being satisfied that the welfare of the infant(s) so requires,

HEREBY ORDERS that the Applicant shall act as guardian of the infant(s) to the exclusion of the Respondent parent,

AND FURTHER ORDERS (regarding the custody of the infant(s) and the right of access to the infant(s) AS FOLLOWS:—

AND FURTHER ORDERS that the Respondent do pay to the Applicant as guardian of the infant(s) the sum of £ per week towards the maintenance of the infant(s)

AND FURTHER ORDERS that the Respondent do pay to the Applicant the sum of £ as costs.

TAKE NOTICE that the above-named applicant(s) of ............................................................ .................

in the court area and district aforesaid, intend(s) to apply at the sitting of the District Court to be held at ............................ on the .................. day of ........... 19 ............., at .m. for an order appointing him/her/them to be guardian(s) of ..................... infant(s)

UPON APPLICATION by the above-named Applicant(s) of ............................................................ ............................................................ ..................................

in court area and district aforesaid, for an order under section 8(1) of the Act in respect of .......... infant(s)

THE COURT being satisfied that the infant(s) has/have no guardian, and that the welfare of the infant(s) so requires,

HEREBY APPOINTS ..................................... of .......................... to be guardian(s) of the infant(s)

WHEREAS ....................... of ........................ *(is an infant) *(are infants) *(and no guardian has been appointed by the deceased parent) *[and the guardian appointed by the deceased parent *(has died) *(refuses to act)],

TAKE NOTICE that the above-named applicant of ....................... in the court area and district aforesaid, intends to apply at the sitting of the district court to be held at .................. on the ................... day of .................... 19 ................., at .m. for an order appointing guardian(s) to act jointly with the surviving parent.

To:—

of

*Delete words inapplicable.

UPON APPLICATION by the above-named applicant of ........................... in the court area and district aforesaid for an order under section 8 (2) of the Act in respect of ............... infant(s)

THE COURT being satisfied that *[no guardian of the infant(s) has been appointed by the deceased parent] *[(the guardian appointed by the deceased parent *(has died) *(refuses to act)) and that the welfare of the infant(s) so requires,

HEREBY APPOINTS ............................... of ...................... to act jointly with the surviving parent as guardian of the infant(s)

*Delete words inapplicable.

TAKE NOTICE that the above-named applicant of .................... intends to apply at the sitting of the District Court to be held at ......................... on the .......... day of ...................... 19 ........, at .m. for an order under section 8(4) of the Act removing from office ............................... of ............................. in the court area and district aforesaid, guardian of ................................... an infant *(and for an order under section 8 (5) of the Act appointing ................................. of ...................... to be guardian in his/her place).

*Delete words inapplicable.

To

of

UPON APPLICATION by the above named applicant ................... of .................. for order(s) under section 8 (4) and (5) of the Act in respect of .................... of .................... in the court area and district aforesaid, guardian of ............................ an infant

THE COURT being satisfied that the welfare of the infant so requires,

HEREBY ORDERS that the Respondent be removed from office as guardian of the infant.

*(AND APPOINTS .............. of .................... as guardian in his/her place).

*Delete words inapplicable.

TAKE NOTICE that the above-named applicant of ..................... in the court area and district aforesaid, being a guardian of ............... an infant, intends to apply at the sitting of the District Court to be held at ..................... on the ................. day of ................ 19 ............., at .m. for the court's direction under section 11 of the Act on a question affecting the welfare of the infant, to wit,

To

of

To

of

UPON APPLICATION by the above-named applicant of ....................... in the court area and district aforesaid, a guardian of .................. an infant, for an order *varying/* discharging the order of the court herein dated the ........ day of ............... 19..........,

THE COURT being satisfied that the welfare of the infant so requires,

*(HEREBY DISCHARGES the said order)

*(HEREBY VARIES the said order as follows:—

TAKE NOTICE that the above-named applicant of ........................... in the court area and district aforesaid, a parent of ..................... infant(s) intends to apply at the sitting of the District Court to be held at .................. on the ................ day of ........................ 19 ........, at .m. for an order under Part III of the Act that you produce to the court the said infant(s) and abide the order of the court thereon.

To

of

Respondent

UPON APPLICATION by the above-named applicant of ...................... in the court area and district aforesaid, a parent of ...................... infant(s)

THE COURT being satisfied that the notice of application was served, and the said infant(s) not now being before the court,

HEREBY ORDERS the Respondent to produce the infant(s) to the court at .................. on the ...................... day of ....................... 19......., at .m. and to abide the further order of the court herein.

To

of

Respondent

UPON APPLICATION by the above-named applicant of ............. in the court area and district aforesaid, a parent of ........ an infant, for an order under Part III of the Act for the production of the infant

THE COURT being satisfied that the notice of application was served, and that the applicant is a fit person to have the custody of the infant, and that the welfare of the infant so requires,

ORDERS the infant to be given up to the parent.

UPON APPLICATION by the above-named applicant of ................... in the court area and district aforesaid, a parent of an infant, for an order under Part III of the Act for the production of the infant

THE COURT being satisfied that the notice of application was served, *(and being of the opinion that the applicant has abandoned/deserted the infant), *(and being of opinion that the applicant has so conducted himself that the court should refuse to enforce his right to the custody of the infant), and being satisfied that the welfare of the infant so requires,

HEREBY DECLINES to make the order sought,

*(AND FURTHER ORDERS AS FOLLOWS:—

*Delete words inapplicable.

UPON APPLICATION by the above-named applicant of ................. in court area and district aforesaid, a parent of ...................... an infant, for an order under Part III of the Act for the production of the infant, and

THE COURT *(having found that the infant is being brought up at the expense of another person),*(having found that assistance has been provided for the infant by a health authority under section 55 of the Health Act, 1953 )

being satisfied that the notice of application was served and being satisfied that the parent is a fit person to have the custody of the infant, and that the welfare of the infant so requires,

ORDERS the infant to be given up to the Applicant,

*(AND FURTHER ORDERS that the parent shall pay to that other person/health authority the sum £ being the whole or portion of the costs properly incurred by that person/health authority in bringing up/providing assistance for the infant).

*Delete words inapplicable.

GIVEN this 29th day of April, 1982.

I concur in the making of the foregoing Rules.

Dated this 13th day of May, 1982.

SEAN DOHERTY,

  Minister for Justice.

EXPLANATORY NOTE.

These rules, which come into effect on 14 May, 1982, prescribe the procedures for use in applications to the District Court under Guardianship of Infants Act, 1964 .