| |
S.I. No. 152 of 1988.
|
| |
DISTRICT COURT (STATUS OF CHILDREN ACT, 1987) RULES, 1988.
|
| |
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
,
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 (
Status of Children Act, 1987
) Rules, 1988.
2. These Rules shall come into operation on the 4th day of July, 1988 and shall be read together with all other District Court Rules for the time being in force.
3. In these Rules—
|
| |
"the Act of 1930" means the
Illegitimate Children (Affiliation Orders) Act, 1930
(No. 17 of 1930);
|
| |
"the Act of 1940" means the
Enforcement of Court Orders Act, 1940
(No. 23 of 1940);
|
| |
"the Act of 1964" means the
Guardianship of Infants Act, 1964
(No. 7 of 1964);
|
| |
"the Act of 1974" means the
Maintenance Orders Act, 1974
(No. 16 of 1974);
|
| |
"the Act of 1976" means the
Family Law (Maintenance of Spouses and Children) Act, 1976
(No. 11 of 1976);
|
| |
"the Act of 1987" means the
Status of Children Act, 1987
(No. 26 of 1987).
4. Part I (made under the Act of 1930) of the District Court Rules (No. 2) 1962 (
S.I. No. 8 of 1962
) and the forms prescribed therein are hereby annulled.
|
| |
GUARDIANSHIP
5. In these Rules—
|
| |
"the Rules of 1982" means the District Court (
Guardianship of Infants Act, 1964
) Rules, 1982 (
S.I. No. 141 of 1982
);
|
| |
"infant" shall be construed in accordance with
section 2
of the
Age of Majority Act, 1985
(No. 2 of 1985).
6. (1) An application to the Court under section 6A (inserted by section 12 of the Act of 1987) of the Act of 1964 by the father of an infant for an order appointing him to be a guardian of the infant shall be preceded by the completion by the applicant of a notice in the Form 1 in Part I of the Schedule hereto.
|
| |
(2) Where the mother of the infant consents in writing to the appointment of the father as a guardian and the applicant is registered as the father in a register maintained under the Births and Deaths Registration Acts, 1863 to 1987, the application may be made ex parte subject to the lodgment with the District Court Clerk at least 48 hours before the date of the intended application of the completed notice (Form 1) together with the said consent in writing and a certified extract from the said register showing that the applicant is so registered.
|
| |
(3) In any other case an application under the said section 6A shall be preceded by the issue and service of the notice (Form 1) on the mother and on any other guardian of the infant in the manner prescribed by Rule 13 of the Rules of 1982.
|
| |
(4) Applications under the said section 6A shall be heard otherwise than in public.
|
| |
(5) The order of the Court granting such application shall be in the Form 2 in Part I of the Schedule hereto.
|
| |
MAINTENANCE
|
| |
(proceedings under the Act of 1976)
7. In these Rules—
|
| |
"the Rules of 1976" means the District Court [
Family Law (Maintenance of Spouses and Children) Act, 1976
] Rules, 1976 (
S.I. No. 96 of 1976
).
8. (1) An application under section 5A (1) or 5A (2) (inserted by section 18 of the Act of 1987) of the Act of 1976 for a maintenance order shall be by summons in the Form 3 or 4, as appropriate, in Part I of the Schedule hereto.
|
| |
(2) The order of the Court granting the application shall be in the Form 5 or 6, as appropriate, in the said Part I.
9. An application under section 21A (1) (inserted by section 21 of the Act of 1987) of the Act of 1976 for a lump sum order in respect of the expenses incidental to the birth or funeral of a dependent child shall be by summons in the Form 7 in Part I of the Schedule hereto, which shall be served on the other spouse or parent, as the case may be, in accordance with the provisions of the Rules of 1976. The order of the Court granting the application shall be in the Form 8 in the said Part I of the Schedule hereto, a copy of which shall be sent to the said other spouse or parent in the manner provided in Rule 11 of those Rules.
10. The form of Interim Order set out in Part II of the Schedule hereto is hereby substituted for Form 9 in the Schedule of Forms to the Rules of 1976.
11. The provisions of the Rules of 1976 shall apply to the proceedings to which Rules 8 and 9 hereof relate.
12. Forms 18 and 20 in the Schedule of Forms to the Rules of 1976 are hereby deleted.
13. The Forms of Information (No. 28), Warrant of Arrest (No. 29), Summons for Attendance of Maintenance Debtor (No. 30), Warrant of Committal (No. 31) and Warrant of Distress (No. 32) set out in Part II of the Schedule hereto are hereby substituted respectively for Forms 28, 29, 30, 31 and 32 set out in the Schedule of Forms to the Rules of 1976.
14. The Rules of 1976 are hereby amended by the deletion in Rules 11, 12, 14 , 16 and 40 of the words "or an affiliation order" and "affiliation order" in each place where they occur.
15. The forms in the Schedule of Forms to the Rules of 1976 are hereby amended as follows—
|
| |
|
| | |
In Form 5
|
by the deletion of "of the family" where it first occurs and by the substitution of "for the purposes of the order" for "of the family" where it last occurs.
|
|
In Form 6
|
by the substitution of "±(the weekly sum of £ for her support)" for "the weekly sum of £ for her support"; by the substitution of "for the purposes of that order" for "of the family" in each place where it occurs.
|
|
In Form 7
|
by the deletion of "of the family".
|
|
In Form 8
|
by the substitution of "±(the weekly sum of £ for her support)" for "the weekly sum of £ for her support".
|
|
In Forms 10
|
by the deletion of "/*affiliation order".
|
|
and 11
|
|
|
In Form 12
|
by the deletion of "/*AFFILIATION ORDER" and of "/*affiliation order and "of the family" and of " ± (the weekly sum of £ per week for the maintenance and education of illegitimate child named ...............................) ±(together with the sum of £ for costs and expenses)".
|
|
In Form 13
|
by the deletion of "/*AFFILIATION ORDER and of "/*affiliation order".
|
|
In Form 14
|
by the deletion of "/*AFFILIATION ORDER" and of "/*affiliation order" and of "of the family" and of " ± [the sum of £ per week for the maintenance and education of illegitimate child named .............................. ±(together with the sum of £ costs and expenses)]".
|
|
In Form 15
|
by the deletion of "/*affiliation order" and of "of the family" and of "± [the sum of £ per week for the support of my illegitimate child named .............................................. ± (together with the sum of £ for costs and expenses)]"
|
|
In Form 19
|
by the substitution of "± (the sum of £ per week for her support) ±(and) ±(the sum of £ per week for the support of............................. dependent children)" for "the sum of £ per week for her support ±(and the sum of £ per week for the support of the dependent children of the family)".
|
|
| |
MAINTENANCE
|
| |
(proceedings under the Act of 1974)
16. In these Rules—
|
| |
"the Rules of 1975" means the District Court (
Maintenance Orders Act, 1974
) Rules, 1975 (
S.I. No. 58 of 1975
).
17. The Schedule of Forms to the Rules of 1975 is hereby amended as follows:—
|
| |
by the substitution for Forms 10, 11, 19 and 20 therein of the respective forms set out in Part III of the Schedule hereto;
|
| |
by the deletion of Forms 12, 13, 14, 21 and 22 therein;
|
| |
by the deletion in Form 17 therein of "*
Illegitimate Children (Affiliation Orders) Act, 1930
";
|
| |
by the deletion of the footnote in Form 18.
|
| |
ENFORCEMENT
|
| |
(proceedings under section 8 of the Act of 1940)
18. In these Rules—
|
| |
"the Rules of 1962" means the District Court Rules (No. 2) 1962 (
S.I. No. 8 of 1962
).
19. Part IV (ENFORCEMENT OF MAINTENANCE AND AFFILIATION ORDERS) of the Rules of 1962 is hereby amended as follows:—
|
| |
by the deletion of "AND AFFILIATION" in the title thereof;
|
| |
by the deletion of Rule 26 (1) (ii);
|
| |
by the substitution for Forms 51, 52, 53, 55, 56, 58 and 59 in the Schedule of Forms thereto of the respective forms set out in Part IV of the Schedule hereto.
|
| |
BLOOD TESTS IN DETERMINING PARENTAGE IN CIVIL PROCEEDINGS
20. (1) Where in any civil proceedings before the Court the parentage of any person is in question, an application under section 38 (1) of the Act of 1987 by a party to the proceedings for a direction for the use of blood tests shall be preceded by the issue and service of a notice in the Form 9 in Part I of the Schedule hereto. Such notice shall be served by prepaid ordinary post on the other party or parties to the proceedings and on each person in respect of whom the direction is sought at least 7 days before the date of hearing of the application.
|
| |
(2) The original of every such notice, together with statutory declarations as to service thereof, shall be lodged with the District Court Clerk four days before the said date of hearing.
|
| |
(3) The direction of the Court shall be in the Form 10 in Part I of the Schedule hereto, and shall be served by prepaid ordinary post on each person in respect of whom it is given.
21. Where the Court revokes or varies, under section 38 (3) of the Act of 1987, a direction previously given, the order so revoking or varying shall be in the Form 11 in Part 1 of the Schedule hereto, and shall be served by prepaid ordinary post on each person directly affected by the order.
22. (1) A notice under section 40 (5) of the Act of 1987 by a party to civil proceedings of his intention to call a person as a witness shall be in the Form 12 in Part I of the Schedule hereto. Such notice shall be served by prepaid ordinary post on the other parties to the proceedings or on such of them as the Court may direct at least 7 days before the sitting of the Court at which it is intended to call as a witness the person named in the notice.
|
| |
(2) The original of every such notice shall be lodged with the District Court Clerk 4 days before the said sitting of the Court.
|
| |
ÉIRE
|
| |
IRELAND
|
| |
|
| |
|
| |
|
| |
PART I
|
| |
(New Forms)
|
| |
|
| | |
Rule 6
|
|
Form 1
|
|
Guardianship of Infants Act, 1964
section 6A
|
|
NOTICE OF APPLICATION BY A FATHER TO BE APPOINTED A GUARDIAN
|
|
District Court Area of
|
District No.
|
|
|
........................Applicant
|
|
TAKE NOTICE that the above-named applicant of ............................................................ .....
|
|
............................................................ ........................................... in court area and district aforesaid,
|
|
being the father of............................................................ ..........................................................
|
|
an infant, residing at ............................................................ ......................................................,
|
|
willapplyatthesittingoftheDistrictCourttobeheldat
|
|
............................................................ ................................................
|
on the day of
|
19 ,
|
|
at a.m./p.m. for an order under section 6A of the above Act appointing him to be a guardian of the said infant.
|
|
Dated this .
|
day of 19 ,
|
|
|
Signed..............................................
*Applicant/*Solicitor for Applicant
|
|
To District Court Clerk,
|
|
|
|
District Court Office,
|
|
|
|
at............................................................ ............................................................ ..................................
|
|
(and)
|
|
*(To
|
|
at............................................................ ............................................................ ..................................)
|
|
| |
*Delete where inapplicable.
|
| |
|
| |
|
| |
|
| |
____________________________________________________________________________
|
| |
PART I
|
| |
(New Forms)
|
| |
|
| | |
Rule 6 (5)
|
|
Form 2
|
|
Guardianship of Infants Act, 1964
section 6A
|
|
ORDER APPOINTING A FATHER TO BE A GUARDIAN
|
|
District Court Area of
|
District No.
|
|
|
................................................ Applicant
|
|
UPON THE APPLICATION of the above-named applicant, residing at
|
|
............................................................ .............................in court area and district aforesaid,
|
|
being the father of ............................................................ ...................................................
|
|
an infant, residing at ............................................................ ....................................................
|
|
............................................................ ...................................................... for an order under
|
|
section 6A of the above Act appointing him to be a guardian of the infant coming by notice before the Court this day,
|
|
THE COURT *(being satisfied that the mother of the infant has consented in writing to the appointment and that in writing to the appointment and that the applicant is registered as the father of the infant in a register maintained under the Births and Deaths Registration Acts, 1863 to 1987, and)
|
|
*(being satisfied that the notice of application herein has been duly served on each guardian of the infant, and) having heard the evidence of the applicant *(and of the mother and any other guardian of the infant), and being satisfied that the welfare of the infant so requires,
|
|
HEREBY APPOINTS the above-named applicant ...................................................
|
|
............................................................ ............................................................ to be a guardian
|
|
of the said infant ............................................................ .........................................................
|
|
pursuant to section 6A of the above Act.
|
|
Dated this
|
day of
|
19 ,
|
|
|
Signed..................................................
|
|
|
Justice of the District Court
|
|
| |
*Delete where inapplicable.
|
| |
|
| |
|
| |
|
| |
____________________________________________________________________________
|
| |
PART I
|
| |
(New Forms)
|
| |
|
| | |
Rule 8
|
|
Form 3
|
|
Family Law (Maintenance of Spouses and Children) Act, 1976
section 5A (1)
|
|
|
MAINTENANCE SUMMONS
|
|
|
District Court Area of
|
|
District No.
|
|
............................................................ ............................................................ ........ applicant
|
|
............................................................ ............................................................ ......... respondent
|
|
WHEREAS a complaint has been made by the above-named applicant,
|
|
*(residing) *(carrying on profession, business or occupation) at........................................................
|
|
............................................................ ............................................................ ..........*(in court area and
|
|
district aforesaid), being a parent of ............................................................ .............................
|
|
born on............................................................ ........................a dependent child whose parents are not married to each other, that you, the above-named respondent, *(residing)
|
|
*(carrying on profession, business or occupation) at ............................................................ .
|
|
*(in court area and district aforesaid), being the other parent of the said child, have failed to provide such maintenance for the child as is proper in the circumstances.
|
|
THIS IS TO COMMAND YOU, the respondent, to appear on the hearing of the said complaint at the sitting of the District Court for court area
|
|
and district aforesaid to be held at ............................................................ ............on the day of
|
|
19 , at a.m./p.m.
|
|
Dated this
|
day of
|
19 ,
|
|
|
Signed .....................................................
|
|
|
Justice of the District Court
|
|
|
(or)
|
|
|
District Court Clerk
|
|
|
(or)
|
|
|
Peace Commissioner
|
|
To
|
|
at
|
|
the above-named respondent.
|
|
| |
*Delete where inapplicable.
|
| |
|
| |
|
| |
|
| |
___________________________________________________________________________
|
| |
PART I
|
| |
(New Forms)
|
| |
|
| | |
Rule 8
|
|
Form 4
|
|
Family Law (Maintenance of Spouses and Children) Act, 1976
section 5A (2)
|
|
MAINTENANCE SUMMONS
|
|
District Court Area of
|
|
District No.
|
|
............................................................ ............................................................ ..... Applicant
|
|
............................................................ ............................................................ ............... Respondent
|
|
WHEREAS a complaint has been made by the above-named applicant,
|
|
*(residing) *(carrying on profession, business or occupation) at
|
|
............................................................ ............................................................ ...... *(in court area and
|
|
district aforesaid), a person other than a parent.
|
|
THAT YOU the above-named respondent, *(residing) *(carrying on
|
|
profession, business or occupation) at ............................................................ .................................
|
|
*(in court area and district aforesaid), being a parent of ............................................................ ..
............................................................ .............born on............................................................ ...........
|
|
a dependent child whose parents are not married to each other (and not being a child who is being fully maintained by the other parent), HAVE FAILED TO PROVIDE such maintenance for the child as is proper in the circumstances.
|
|
|
|
THIS IS TO COMMAND YOU the respondent to appear on the hearing of the said complaint at the sitting of the District Court for court
|
|
area and district aforesaid to be held at ............................................................ ................................
|
|
................................. on the day of 19 , at a.m./p.m.
|
|
Dated this day of 19 ,
|
|
|
Signed ............................................................
|
|
|
Justice of the District Court
|
|
|
(or)
|
|
|
District Court Clerk
|
|
|
(or)
|
|
|
Peace Commissioner
|
|
To
|
|
|
at
|
|
|
the above-named respondent.
|
|
|
| |
*Delete where inapplicable.
|
| |
|
| |
|
| |
|
| |
____________________________________________________________________________
|
| |
PART I
|
| |
|
| | |
(New Forms)
|
|
Rule 8
|
|
Form 5
|
|
Family Law (Maintenance of Spouses and Children) Act, 1976
section 5A (1)
|
|
MAINTENANCE ORDER
|
|
District Court Area of
|
|
District No.
|
|
............................................................ .............................................. Maintenance Creditor
|
|
............................................................ .................................................. Maintenance Debtor
|
|
WHEREAS on the hearing of a complaint on the day of
|
|
19 ,
|
brought by the above-named maintenance creditor,
|
|
*(residing) *(carrying on profession, business or occupation) at ...................................
|
|
............................................................ ...................................... *(in court area and district
|
|
aforesaid), being a parent of ............................................................ ...................................
|
|
born on ............................................................ ................a dependent child whose parents
|
|
are not married to each other, that the above-named maintenance debtor
|
|
, *(residing) *(carrying on profession, business or occupation)
|
|
at............................................................ .................................................. *(in court area and
|
|
district aforesaid), being the other parent of the said child, has failed to provide such maintenance for the child as is proper in the circumstances,
|
|
AND WHEREAS the Court is satisfied that the summons herein dated
|
|
the day of 19 ,was duly served on the
|
|
maintenance debtor,
|
|
AND AFTER HEARING the evidence tendered by or on behalf of the maintenance creditor *(and the maintenance debtor),
|
|
THE COURT HEREBY ORDERS
|
|
1. that the maintenance debtor pay to the maintenance creditor
|
|
the sum of £
|
per week for the support of the said
|
|
child ...................................................... born on............................................................ .......
|
|
*(until such child shall attain the age of 16 years) *(who has attained the age of 16 years and is under the age of 21 years and who *(is) *(will be) receiving full-time education or instruction at an educational establishment); *(who has attained the age of 16 years but who is suffering from mental or physical disability to such an extent that it is not reasonably possible for him to maintain himself fully);
|
|
2. that the first of such payments be made on the day
|
|
of
|
19 ;
|
|
*(3 that the maintenance debtor pay to the maintenance creditor the sum of £ being the costs and expenses incurred in obtaining this order;)
|
|
*(AND THE COURT DIRECTS pursuant to section 9 (1) (a) of the above Act that the payments aforesaid be made to the District
|
|
Court Clerk at ............................................................ ........................ for transmission
|
|
to the maintenance creditor;)
|
|
*(AND the maintenance creditor requesting the Court not to do so and the Court considering that it would not be proper to do so, MAKES NO DIRECTION pursuant to section 9 (1) (a) of the above Act.
|
|
Dated this
|
day of
|
19 ,
|
|
|
|
Signed ...........................................
|
|
|
|
Justice of the District Court
|
|
| |
*Delete words inapplicable.
|
| |
|
| |
|
| |
|
| |
____________________________________________________________________________
|
| |
PART I
|
| |
(New Forms)
|
| |
|
| | |
Rule 8
|
|
Form 6
|
|
Family Law (Maintenance of Spouses and Children) Act, 1976
section 5A (2)
|
|
MAINTENANCE ORDER
|
|
District Court Area of
|
District No.
|
|
............................................................ .................................................... Maintenance Creditor
|
|
............................................................ ..................................................... Maintenance Debtor
|
|
WHEREAS on the hearing of a complaint on the
|
day of
|
|
19 ,
|
brought by the above-named maintenance creditor,
|
|
*(residing) *(carrying on profession, business or occupation) at ........................................
|
|
............................................................ ...................*(in court area and district aforesaid), a person other than a parent, that the above-named maintenance debtor,
|
|
*(residing) *(carrying on profession, business or occupation)
|
|
at ............................................................ ........................................*(in court area and district
|
|
aforesaid), being a parent of ............................................................ .........................................
|
|
born on ............................................................ ............................................, a dependent child
|
|
whose parents are not married to each other (and not being a child who is being fully maintained by the other parent), has failed to provide such maintenance for the child as is proper in the circumstances,
|
|
AND WHEREAS the Court is satisfied that the summons herein dated
|
|
the day
|
of 19 ,
|
was duly served on the maintenance debtor,
|
|
AND AFTER HEARING the evidence tendered by or on behalf of the maintenance creditor *(and the maintenance debtor),
|
|
THE COURT HEREBY ORDERS
|
|
1. that the maintenance debtor pay to the maintenance creditor
|
|
the sum of £ per week for the support of the said
|
|
child ............................................................ .................
|
born on ......................................
|
|
*(until the said child shall attain the age of 16 years); *(who has attained the age of 16 years and is under the age of 21 years and who *(is) *(will be) receiving full-time education or instruction at an educational establishment); *(who has attained the age of 16 years but who is suffering from mental or physical disability to such an extent that it is not reasonably possible for him to maintain himself fully;)
|
|
2. that the first of such payments be made on the day
|
|
of
|
19 ;
|
|
*(3 that the maintenance debtor pay to the maintenance creditor the sum of £ being the costs and expenses incurred in obtaining this order;)
|
|
*(AND THE COURT DIRECTS pursuant to section 9 (1) (a) of the above Act that the payments aforesaid be made to the District
|
|
Court Clerk at ............................................................ ............................................................ .....
|
|
for transmission to the maintenance creditor;)
|
|
*(AND the maintenance creditor requesting the Court not to do so and the Court considering that it would not be proper to do so, MAKES NO DIRECTION pursuant to section 9 (1) (a) of the above Act.)
|
|
Dated this
|
day of
|
19 ,
|
|
|
Signed ...............................................
|
|
|
Justice of the District Court
|
|
| |
*Delete words inapplicable.
|
| |
|
| |
|
| |
|
| |
____________________________________________________________________________
|
| |
PART I
|
| |
(New Forms)
|
| |
|
| | |
Rule 9
|
|
Form 7
|
|
Family Law (Maintenance of Spouses and Children) Act, 1976
section 21A (1)
|
|
SUMMONS FOR LUMP SUM ORDER IN RESPECT OF
*BIRTH/*FUNERAL EXPENSES
|
|
District Court Area of
|
District No.
|
|
............................................................ ............................................................ ..............Applicant
|
|
............................................................ ............................................................ ...........Respondent
|
|
*(WHEREAS the above-named applicant is the spouse of the
|
|
above-named respondent, and ............................................................ .....................................
|
|
born on ............................................................ .........is/was a dependent child of the family,)
|
|
*(WHEREAS the above-named applicant and the above-named
|
|
respondent are/were the parents of ............................................................ .............................
|
|
born on ............................................................ ........... a dependent child, within the meaning
|
|
of section 21 A (1) of the above Act,)
|
|
AND WHEREAS a complaint has been made by the applicant
|
|
of ............................................................ ............................................................ ........................
|
|
*(in court area and district aforesaid) that the respondent
|
|
*(spouse) *(parent) of ............................................................ .................................................
|
|
*(in court area and district aforesaid) has failed to make such contribution as is proper in the circumstances towards the expenses incidental to—
|
|
*[the birth of the said ............................................................ ......................................., a child
|
|
*(who is a dependent child) *(who would have been a dependent child were he now alive)]
|
|
*[the funeral of the said ............................................................ .................................... a child
|
|
*(who was a dependent child)*(who would have been a dependent child had he been born alive,)]
|
|
THIS IS TO COMMAND YOU the respondent *(spouse) *(parent) to appear on the hearing of the said complaint at the sitting of the District Court for court area and district aforesaid to be
|
|
held at .....................................................
|
on the
|
day of
|
19 ,
|
|
at a.m./p.m.
|
|
|
|
Dated this day of 19 ,
|
|
|
Signed ............................................................ .
|
|
|
Justice of the District Court
|
|
|
(or)
|
|
|
District Court Clerk
|
|
|
(or)
|
|
|
Peace Commissioner
|
|
To
|
|
of
|
|
the above-named respondent.
|
|
| |
*Delete words inapplicable.
|
| |
|
| |
|
| |
|
| |
____________________________________________________________________________
|
| |
PART I
|
| |
(New Forms)
|
| |
|
| | |
Rule 9
|
|
Form 8
|
|
Family Law (Maintenance of Spouses and Children) Act, 1976
section 21A (1)
|
|
LUMP SUM ORDER IN RESPECT OF *BIRTH/*FUNERAL EXPENSES
|
|
District Court Area of District No.
|
|
............................................................ ............................................................ ...................Applicant
|
|
............................................................ ............................................................ ................Respondent
|
|
WHEREAS IT APPEARS TO THE COURT
|
|
*(that the above-named applicant is the spouse of the
|
|
above-named respondent and ............................................................ .................................................
|
|
born on ............................................................ ........... is/was a dependent child of the family,)
|
|
*(that the above-named applicant and the above-named
|
|
respondent are/were the parents of ............................................................ .......................................
|
|
born on ............................................................ ....
|
a dependent child, within the meaning
|
|
of section 21 A (1) of the above Act,)
|
|
AND IT FURTHER APPEARING on application by the applicant
|
|
of ............................................................ ................................................*(in court area and district
|
|
aforesaid) that the respondent *(spouse) *(parent) of ............................................................ ..........
|
|
*(in court area and district aforesaid) has failed to make such contribution as is proper in the
|
|
circumstances towards the expenses incidental to—
|
|
*[the birth of the said
|
............................................................ .................................... , a child
|
|
*(who is a dependent child) *(who would have been a dependent child were he now alive,)]
|
|
*[the funeral of the said ............................................................ ............................................., a child
|
|
*(who was a dependent child)*(who would have been a dependent child had he been born alive,)]
|
|
AND BEING SATISFIED that the summons herein was duly served on the respondent,
|
|
AND HAVING HEARD the evidence tendered by or on behalf of the applicant *(and the respondent)
|
|
THE COURT HEREBY DIRECTS the respondent *(spouse) *(parents) to pay the applicant a lump sum of £ in respect of the *(birth) *(and) *(funeral) of the said child.
|
|
Dated this
|
day of
|
19 ,
|
|
|
Signed ...................................................
|
|
|
|
Justice of the District Court
|
|
| |
*Delete words inapplicable.
|
| |
|
| |
|
| |
|
| |
____________________________________________________________________________
|
| |
PART I
|
| |
(New Forms)
|
| |
|
| | |
Rule 20 (1)
|
|
Form 9
|
|
Status of Children Act, 1987
section 38 (1)
|
|
NOTICE OF APPLICATION FOR THE USE OF BLOOD TESTS
|
|
District Court Area of
|
District No.
|
|
Between ............................................................ ............................................................ .....................
|
|
of ............................................................ ............................................................ ................................
|
|
and ............................................................ ............................................................ ..............................
|
|
of ............................................................ ............................................................ .................................
|
|
WHEREAS civil proceedings entitled as above were brought before
|
|
the District Court sitting at............................................................ ................................... for court
|
|
area and district aforesaid on the day of 19 ,
|
|
and now stand adjourned to a sitting of that Court on the
|
|
day of
|
19 ,
|
at
|
a.m./p.m.,
|
|
AND WHEREAS in the said proceedings the parentage of one
|
|
............................................................ ............................................................ ................................of
|
|
............................................................ ............................................................ ....................................
|
|
............................................................ ....................................................is in question,
|
|
TAKE NOTICE that at the said sitting of the Court at ............................................................ .........
|
|
on the day of 19 ,at a.m./p.m.,
|
|
an application will be made by or on behalf of the above-named
|
|
............................................................ ..............................................., party to the proceedings, for a direction under section 38 (1) of the above Act for the use of blood tests for the purpose of assisting the Court to determine whether............................................................ ...........................
|
|
of ............................................................ ............................................................ ................................
|
|
............................................................ ........................................... *(party to the proceedings) is or
|
|
is not a parent of the said ............................................................ .........................................................
|
|
and for the taking of blood samples
|
|
*(from the said ............................................................ ............................................................ .............
|
|
whose parentage is so questioned)
|
|
*(from ................................................of............................................................ ..................................,
|
|
alleged to be a parent of the said ............................................................ .............................................
|
|
whose parentage is so questioned)
|
|
*(from .........................................................of............................................................ .........................
|
|
party to the proceedings.)
|
|
|
|
Dated this
|
day of 19 ,
|
|
|
Signed .......................................................
|
|
|
*Applicant/*Solicitor for Applicant
|
|
To
|
|
of
|
|
To
|
|
of
|
|
To
|
|
of
|
|
| |
*Delete words inapplicable.
|
| |
|
| |
|
| |
|
| |
____________________________________________________________________________
|
| |
PART I
|
| |
(New Forms)
|
| |
|
| | |
Rule 20 (3)
|
|
Form 10
|
|
Status of Children Act, 1987
section 38 (1)
|
|
DIRECTION FOR THE USE OF BLOOD TESTS
|
|
District Court Area of
|
District No.
|
|
Between ............................................................ ............................................................ ........................
|
|
of ............................................................ ............................................................ ...................................
|
|
and
............................................................ ............................................................ .......................................
|
|
of ............................................................ ............................................................ ...................................
|
|
WHEREAS civil proceedings entitled as above are to-day before this Court,
|
|
AND WHEREAS in the said proceedings the parentage of one .............. of ......................is in question,
|
|
*(AND UPON HEARING an application by the above-named ..............................................
|
|
............................................................ ................................., party to the proceedings brought, by
|
|
notice duly served, before the Court for a direction under
|
|
section 38 (1) of the above Act,)
|
|
THE COURT HEREBY GIVES THIS DIRECTION for the use of blood
|
|
tests for the purpose of assisting the Court to determine whether
|
|
............................................................ .......of ......................................................... *(a person named
|
|
in the application) *(a party to the proceedings) is or is not a
|
|
parent of the said ............................................................ ...........................
|
and for
|
|
the taking by ............................................................ ..............................
|
of ..............................
|
|
within the period of
|
from the date hereof of
|
|
blood samples
|
|
*(from the said ............................................................ ......................................, whose parentage is
|
|
so questioned)
|
|
*(from .............................of............................................................ ......................................................
|
|
alleged to be a parent of the said ............................................................ ...............................................
|
|
whose parentage is so questioned)
|
|
*(from .............................
|
of ............................................................ .........................................
|
|
a party to the proceedings)
|
|
AND HEREBY REQUIRES the persons named in this direction to
|
|
attend before the said ................................
|
of .......................................
|
within
|
|
the period specified herein for the purpose of the taking of those samples.
|
|
|
|
Dated this
|
day of
|
19 ,
|
|
|
Signed ............................................................ .
|
|
|
Justice of the District Court
|
|
| |
*Delete words inapplicable.
|
| |
|
| |
|
| |
|
| |
___________________________________________________________________________
|
| |
PART I
|
| |
(New Forms)
|
| |
|
| | |
Rule 21
|
|
Form 11
|
|
Status of Children Act, 1987
section 38 (3)
|
|
ORDER *REVOKING/*VARYING A DIRECTION FOR THE USE
OF BLOOD TESTS
|
|
District Court Area of
|
|
District No.
|
|
Between............................................................ ............................................................ .......................
|
|
of............................................................ ............................................................ ..................................
|
|
and
|
|
............................................................ ............................................................ ......................................
|
|
of............................................................ ............................................................ ..................................
|
|
WHEREAS at a sitting of the District Court for court area and
|
|
district aforesaid held at ............................................................ ............
|
on the
|
day
|
|
of 19 , a direction under section 38 (1) of the above Act
|
|
was given for the use of blood tests for the purpose of assisting
|
|
the Court to determine whether one ............................................................ .........................................
|
|
of ............................................................ .................................................. is or is not a parent of
|
|
one ............................................................ .....................
|
of .....................................................
|
|
and for the taking by ............................................................ ............................................................ .....
|
|
of ............................................................ .......
|
within the period of .........................................
|
|
from the date of the direction of blood samples from ............................................................ ..............
|
|
............................................................ ......................................of...........................................and from
|
|
.................................................... of
|
............................................................ ...............................
|
|
and from ..................................................
|
of ............................................................ ..................
|
|
and requiring the said persons to attend before the said ............................................................ ......................................within that period for the purpose of
|
|
the taking of those samples,
|
|
AND WHEREAS THE COURT IS SATISFIED that the direction should now be * revoked/ *varied,
|
|
IT IS HEREBY ORDERED * (that the said direction be
|
|
REVOKED).
|
|
|
*(that the said direction be VARIED AS
|
|
FOLLOWS:—
|
|
|
|
|
|
).
|
|
Dated this
|
day of 19 ,
|
|
|
Signed ...........................................
|
|
|
Justice of the District Court
|
|
| |
*Delete words inapplicable.
|
| |
|
| |
|
| |
|
| |
____________________________________________________________________________
|
| |
PART I
|
| |
(New Forms)
|
| |
|
| | |
Rule 22 (1)
|
|
Form 12
|
|
Status of Children Act, 1987
section 40 (5)
|
|
NOTICE OF INTENTION TO CALL WITNESS
|
|
District Court Area of
|
|
District No.
|
|
Between ............................................................ ............................................................ .......................
|
|
of ............................................................ ............................................................ ..................................
|
|
and
|
|
............................................................ ............................................................ ......................................
|
|
of ............................................................ ............................................................ .................................
|
|
WHEREAS at a sitting of the District Court for court area and
|
|
district aforesaid held at ............................................................ ..........................................................
|
|
on the
|
day of
|
19 ,
|
a direction
|
|
under section 38 (1) of the above Act for the use of blood tests in the above proceedings was given,
|
|
AND WHEREAS the blood samples to which the direction relates have been tested by virtue of section 40 of the said Act.
|
|
AND WHEREAS the above-named ............................................................ .............................. party
|
|
to the proceedings, has within the last 14 days received a copy of the report made to the Court under section 40 (2) of the said Act,
|
|
TAKE NOTICE that the said ............................................................ ....................................... party
|
|
to the proceedings, intends to call as a witness at the next hearing of the above proceedings to be held in the District
|
|
Court at ............................................................ ............................................................ .......................
|
|
on the
|
day of
|
19 ,
|
at
|
a.m./p.m.,
|
|
one ........................................................
|
of ............................................................ .....................
|
|
*(the person under whose control the blood samples were tested)
|
|
*(a person by whom anything necessary for the purpose of enabling those tests to be carried out was done).
|
|
Dated this
|
day of
|
19 ,
|
|
|
|
Signed ............................................................ ..
|
|
|
|
Party to the proceedings
|
|
|
|
(or)
|
|
|
|
Solicitor for Party
|
|
| |
*Delete words inapplicable.
|
| |
|
| |
SCHEDULE
|
| |
PART II
|
| |
(Forms substituted in the Rules of 1976)
|
| |
|
| |
|
| |
|
| |
____________________________________________________________________________
|
| |
PART I
|
| |
(New Forms)
|
| |
|
| | |
Rule 10
|
|
Form 9
|
|
Family Law (Maintenance of Spouses and Children) Act, 1976
section 7
|
|
INTERIM ORDER
|
|
District Court Area of
|
District No.
|
|
............................................................ ............................................................ ..................... Applicant
|
|
............................................................ ............................................................ .................. Respondent
|
|
WHEREAS on the hearing of a complaint on the day of
|
|
|
19
|
, brought by the above-named applicant, *(residing)
|
|
*(carrying on profession, business or occupation) at ............................................................ ...........
|
|
*(in court area and district aforesaid), that the above-named respondent, *(residing) *(carrying on profession, business or
|
|
occupation) at............................................................ .............................. *(in court area and district
|
|
aforesaid), *(being the spouse of the said applicant), has failed to provide such maintenance as is proper in the circumstances for *(the said applicant) *(and) *(............ dependent children) *(of the family).
|
|
AND WHEREAS the Court is satisfied that the summons herein was duly served on the respondent,
|
|
THE COURT HEREBY ORDERS that on and from the day of
|
|
19 ,
|
*(up to and including the
|
day of
|
19 )
|
|
*(until the application for a maintenance order is adjudicated upon) the said respondent pay to the said applicant the weekly sum of £
|
|
*(AND DIRECTS pursuant to section 9 (1) (a) of the above Act, that the payments aforesaid be made to the District Court Clerk at
|
|
............................................................ ......................................... for transmission to the applicant.)
|
|
*(AND the applicant requesting the Court not to do so and the Court considering that it would not be proper to do so MAKES NO DIRECTION pursuant to section 9 (1) (a) of the above Act.)
|
|
Dated this
|
day of
|
19 ,
|
|
|
Signed ......................................................
|
|
|
Justice of the District Court
|
|
| |
*Delete words inapplicable.
|
| |
|
| |
|
| |
|
| |
___________________________________________________________________________
|
| |
PART I
|
| |
(New Forms)
|
| |
|
| | |
Rule 30
|
Form 28
|
|
Family Law (Maintenance of Spouses and Children) Act, 1976
section 9 (2)
|
|
Enforcement of Court Orders Act, 1940
section 8
|
|
INFORMATION
|
|
District Court Area of
|
District No.
|
|
............................................................ ............................................................ Maintenance Creditor
|
|
............................................................ ............................................................ .. Maintenance Debtor
|
|
The information of ............................................................ .....................................of.........................
|
|
who says on oath—
|
|
1. I am the District Court Clerk for the above court area, and pursuant to
section 9
of the
Family Law (Maintenance of Spouses and Children) Act, 1976
I am the person to whom payments under the order referred to herein are to be made and the person authorised to take these proceedings.
|
|
2. By *maintenance *variation *interim order dated the
|
|
day of
|
19 ,
|
made at the sitting of the District
|
|
Court at ............................................................ ............................................................ .......................
|
|
the maintenance debtor of ............................................................ .......................................................
|
|
was ordered to pay the maintenance creditor of ............................................................ .....................
|
|
............................................................ .........................
|
*(the weekly sum of £
|
for her
|
|
support) *(the weekly sum of £
|
for the support of
|
|
............................................................ ...... dependent children *(of the family)) *(together with the
|
|
sum of £
|
for costs and expenses). 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. The payments directed to be made by the said 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 swearing this information *(together with the sum of £ for costs and expenses, making in all the sum of £ ).
|
|
4. By notice dated the
|
day of
|
19 , I have
|
|
been requested in writing by the maintenance creditor to take such steps as I consider reasonable to recover the sum in arrear. I wish to refer to the said notice when produced upon which marked with the letter "B" I have endorsed my name prior to the swearing hereof.
|
|
5. I therefore apply for the issue of a warrant for the arrest of the said maintenace debtor .........................................
|
|
|
|
Signed ............................................................ ............................................................ ...........................
|
|
Informant
|
|
Sworn before me this day of 19 ,
|
|
Signed ............................................................ ............................................................ ...........................
|
|
Justice of the District Court
|
|
| |
*Delete words inapplicable.
|
| |
|
| |
|
| |
|
| |
____________________________________________________________________________
|
| |
PART I
|
| |
(New Forms)
|
| |
|
| | |
Rule 31
|
Form 29
|
|
Family Law (Maintenance of Spouses and Children) Act, 1976
section 9 (2)
|
|
Enforcement of Court Orders Act, 1940
section 8
|
|
WARRANT OF ARREST
|
|
District Court Area of
|
District No.
|
|
............................................................ ............................................................ ..Maintenance Creditor
|
|
............................................................ ............................................................ ....Maintenance Debtor
|
|
*(WHEREAS an information and complaint has been made on oath
|
|
and in writing on the day of 19 ,
|
|
by............................................................ ......................................................... the District Court
|
|
Clerk for the above court area (he being the person to whom, pursuant to
section 9
of the
Family Law (Maintenance of Spouses and Children) Act, 1976
, payments under the order referred to herein are to be made and the person authorised to take these proceedings), that by *maintenance *variation *interim order dated the day of 19 ,
|
|
made at the sitting of the District Court at ............................................................ .............................
|
|
the maintenance debtor, of............................................................ ........................................ *(in court
|
|
area and district aforesaid) was ordered to pay to the maintenance
|
|
creditor of............................................................ ....................... *(in court area and district aforesaid)
|
|
*(the weekly sum of £ for her support) *(the weekly sum of £
|
|
for the support of ............................................................ .......................... dependent children *(of
|
|
the family))* (together with the sum of £ for costs and expenses),
|
|
AND WHEREAS the payments directed by the said order to be made 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 the swearing of the said information *(together with the sum of £ for costs and expenses, making in all the sum of £ ),
|
|
AND WHEREAS by notice dated the day of 19
|
|
the said Clerk was requested in writing by the maintenance creditor to take such steps as he considered reasonable to recover the sums in arrear,
|
|
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 ,
|
|
Signed............................................................ ............................................................ ............................
|
|
|
Justice of the District Court
|
|
*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 ,
|
|
Signed............................................................ ............................................................ ............................
|
|
|
Justice of the District Court
|
|
| |
|
| |
|
| |
|
| |
____________________________________________________________________________
|
| |
PART I
|
| |
(New Forms)
|
| |
|
| | |
Rule 32
|
|
Form 30
|
|
Family Law (Maintenance of Spouses and Children) Act, 1976
section 9 (2)
|
|
Enforcement of Court Orders Act, 1940
|
|
SUMMONS FOR ATTENDANCE OF MAINTENANCE DEBTOR
|
|
District Court Area of
|
District No.
|
|
............................................................ ............................................................ Maintenance Creditor
|
|
............................................................ ............................................................ .. Maintenance Debtor
|
|
*(WHEREAS an information and complaint has been made on oath
|
|
and in writing on the
|
day of
|
19 ,
|
|
by ............................................................ ...........................................
|
the District Court
|
|
Clerk for the above court area (he being the person to whom, pursuant to
section 9
of the
Family Law (Maintenance of Spouses and Children) Act, 1976
, payments under the order referred to herein are to be made and the person authorised to take these proceedings), that by *maintenance *variation *interim order dated the day of 19 ,
|
|
made at the sitting of the District Court at ............................................................ ............................
|
|
the maintenance debtor, of............................................................ .....................................*(in court
|
|
area and district aforesaid), was ordered to pay to the
|
|
maintenance creditor, of ............................................................ ........................................................
|
|
*(the weekly sum of £
|
for her support) *(the weekly
|
|
sum of £ for the support of ............................................................ ...........................................
|
|
dependent children *(of the family))* (together with the sum
|
|
of £
|
for costs and expenses)
|
|
AND WHEREAS the payments directed by the said order to be made 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 the swearing of the said information *(together with the sum of £ for costs and expenses, making in all the sum of £ ),
|
|
AND WHEREAS by notice dated the day of 19
|
|
the said Clerk was requested in writing by the maintenance creditor to take such steps as he considered reasonable to recover the sums in arrear,
|
|
THIS IS TO COMMAND YOU to appear at the sitting of the District
|
|
Court at ............................................................ ....................................... for court area and district
|
|
aforesaid on the
|
day of
|
19 ,
|
at
|
|
a.m./p.m. to answer the said complaint.
|
|
|
|
Dated this
|
day of 19 ,
|
|
Signed ............................................................ ............................................................ .......................
|
|
|
Justice of the District Court
|
|
To
|
|
of
|
|
the above-named maintenance debtor.
|
|
| |
*Delete words inapplicable.
|
| |
|
| |
|
| |
|
| |
____________________________________________________________________________
|
| |
PART I
|
| |
(New Forms)
|
| |
|
| | |
Rule 34
|
|
Form 31
|
|
Family Law (Maintenance of Spouses and Children) Act, 1976
section 9 (2)
|
|
Enforcement of Court Orders Act, 1940
section 8
|
|
WARRANT OF COMMITTAL
|
|
District Court Area of
|
District No.
|
|
............................................................ ............................................................ . Maintenance Creditor
|
|
............................................................ ............................................................ ... Maintenance Debtor
|
|
*(WHEREAS the above-named maintenance debtor of ............................................................ ............
|
|
was this day before me at a sitting of the District Court
|
|
at ............................................................ ............................................................ ..for the court area and
|
|
district aforesaid on foot of a *warrant *summons reciting that
|
|
1. by *maintenance *variation *interim order dated the day of 19 , made at
|
|
the sitting of the District Court at............................................................ ...........................................
|
|
the maintenance debtor of ............................................................ ........................................................
|
|
was ordered to pay to the maintenance creditor of
|
|
............................................................ .................................................... *(the weekly sum of £
|
|
for her support) *(the weekly sum of £ for the
|
|
support of ............................................................ ............................................ dependent children
|
|
*(of the family)) *(together with the sum of £
|
|
for costs and expenses),
|
|
2. by notice dated the
|
day of
|
19 , the
|
|
District Court Clerk for the above court area was requested in writing by the maintenance creditor to take such steps as he considered reasonable to recover the sums in arrear,
|
|
AND WHEREAS the said *maintenance *variation *interim order and the said notice 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 order within the six months immediately preceding the date of the application for the said warrant the sum of £ *(together with the sum of £ for costs and expenses, making in all the sum of £ ) have 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 ............................................................ ......................................................
|
|
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 ,
|
|
Signed............................................................ ............................................................ ...........................
|
|
Justice of the District Court
|
|
|
|
WARRANT TO ENFORCE ORDER
|
|
THIS IS TO COMMAND YOU to whom this warrant is addressed
|
|
to arrest the said ............................................................ ............................................................ ..........
|
|
of ............................................................ ........................................................ and to lodge him in the
|
|
prison at ............................................................ ............................................................ ......there to be
|
|
imprisoned by the governor thereof for the period of............................................................ ..............
|
|
pursuant to the above Order unless the sum of £
|
|
be sooner paid.
|
|
Dated this
|
day
|
of 19 ,
|
|
Signed............................................................ ............................................................ ............................
|
|
|
Justice of the District Court
|
|
To the Superintendent of the Garda Síochána
|
|
at
|
|
| |
*Delete words inapplicable.
|
| |
|
| |
|
| |
|
| |
____________________________________________________________________________
|
| |
PART I
|
| |
(New Forms)
|
| |
|
| | |
Rule 35
|
|
Form 32
|
|
Family Law (Maintenance of Spouses and Children) Act, 1976
section 9 (2)
|
|
Enforcement of Court Orders Act, 1940
section 8
|
|
WARRANT OF DISTRESS AND SALE
|
|
District Court Area of
|
District No.
|
|
............................................................ ............................................................ .. Maintenance Creditor
|
|
............................................................ ............................................................ .... Maintenance Debtor
|
|
*(WHEREAS the above-named maintenance debtor of ............................................................ ..........
|
|
was this day before me at a sitting of the District Court
|
|
at ............................................................ ............................................................ for the court area and
|
|
district aforesaid on foot of a *warrant *summons reciting
|
|
that
|
|
1. by *maintenance *variation *interim order dated the day of 19 , made at the sitting of the
|
|
District Court at ............................................................ ............................................................ ..........
|
|
the maintenance debtor of ............................................................ .......................................................
|
|
was ordered to pay to the maintenance creditor of
|
|
............................................................ ............................................. *(the weekly sum of £
|
|
for her support)
|
*(the weekly sum of £
|
for the
|
|
support of ............................................................ ................................................. dependent children
|
|
*(of the family)) *(together with the sum of £
|
|
for costs and expenses),
|
|
2. by notice dated the day of 19 , the
|
|
District Court Clerk for the above court area was requested in writing by the maintenance creditor to take such steps as he considered reasonable to recover the sum in arrear,
|
|
AND WHEREAS the said *maintenance *variation *interim order and the said notice 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 order within the six months immediately preceding the date of the application for the said warrant the sum of £ *(together with the sum of £ for costs and expenses, making in all the sum of £ ) have 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 sum of £
|
*(together
|
|
with the sum of £
|
being the costs of these proceedings,
|
|
making in all the sum of £ ) be levied by
|
|
the distress and sale of the goods of the maintenance debtor
|
|
and be payed 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 ,
|
|
Signed............................................................ ............................................................ ............................
|
|
|
Justice of the District Court
|
|
|
|
To the several Sheriffs and County Registrars,
|
|
I authorise and empower ............................................................ ..........................................................
|
|
and ............................................................ .. of ............................................................ ...........................
|
|
Court Messengers, or either of them, and their assistants to execute the above order. The sum to be levied hereunder is £
|
|
Signed............................................................ ............................................................ ...........................
|
|
Sheriff/County Registrar of the said County
|
|
| |
*Delete words inapplicable.
|
| |
SCHEDULE
|
| |
PART III
|
| |
(Forms substituted in the Rules of 1975)
|
| |
|
| |
|
| |
|
| |
_____________________________________________________________________________
|
| |
|
| | |
Rule 10 (a)
|
|
Form 10
|
|
Family Law (Maintenance of Spouses and Children) Act, 1976
|
|
Maintenance Orders Act, 1974
section 17
|
|
NOTICE OF INSTITUTION OF PROCEEDINGS
|
|
District Court Area of
|
District No.
|
|
............................................................ ............................................................ ...................Complainant
|
|
............................................................ ............................................................ .......................Defendant
|
|
YOU ARE HEREBY GIVEN NOTICE that proceedings have been instituted against you, the above-named defendant now residing
|
|
at ............................................................ ............................................................ ... by the above-named
|
|
complainant of ............................................................ ............................................... *(in court area and
|
|
district aforesaid), that you
|
|
*[*( being the spouse of the complainant) have failed to provide such maintenance as is proper in the circumstances *( for the said complainant) *(and) *(for the following dependant children of the family)]
|
|
*[(being a parent of a dependent child whose parents are not married to each other *(and the complainant being the other parent of the child) have failed to provide such maintenance as is proper in the circumstances for the said child named]
|
|
............................................................ ............ born on............................................................ .............
|
|
............................................................ ............ born on............................................................ .............
|
|
............................................................ ............ born on............................................................ ...........
|
|
|
|
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 10 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 ,
|
|
Signed ............................................................ ............................................................ ..............................
|
|
|
District Court Clerk for said Court area
|
|
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
|
|
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 ,
|
|
Signed ............................................................ ............................................................ ...............................
|
|
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 ,
|
|
Signed ............................................................ ............................................................ ............................
|
|
To the District Court Clerk,
|
|
at ............................................................ ............................................................ ...................................
|
|
Supporting evidence, e.g. certificate of earnings or tax assessment should be attached, where possible.
|
|
| |
*Delete words inapplicable.
|
| |
|
| |
|
| |
|
| |
___________________________________________________________________________
|
| |
|
| | |
Rule 10 (a)
|
|
Form 11
|
|
Family Law (Maintenance of Spouses and Children) Act, 1976
Section 17
|
|
NOTICE OF INSTITUTION OF PROCEEDINGS FOR
*VARIATION *REVOCATION OF MAINTENANCE ORDER
|
|
District Court Area of
|
District No.
|
|
............................................................ ............................................................ . Maintenance Creditor
|
|
............................................................ ............................................................ ... Maintenance Debtor
|
|
YOU ARE HEREBY GIVEN NOTICE that proceedings have been instituted against you, the above-named maintenance debtor
|
|
now residing at ............................................................ ..................................................... by the above-
|
|
named maintenance creditor 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 the maintenance creditor
|
|
*(the weekly sum of £ for her support) *(and)
|
|
*(the weekly sum of £ for the support of ............................................................ ..
|
|
............................
|
dependent children *(of the family)) *VARIED
|
|
*REVOKED 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 10 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 ,
|
|
Signed ............................................................ ............................................................ ............................
|
|
District Court Clerk for said Court area.
|
|
|
|
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 Means as in Form 10).
|
|
| |
*Delete words inapplicable.
|
| |
|
| |
|
| |
|
| |
_____________________________________________________________________________
|
| |
|
| | |
Rule 13
|
Form 19
|
|
Family Law (Maintenance of Spouses and Children) Act, 1976
|
|
Maintenance Orders Act, 1974
section 17
|
|
MAINTENANCE ORDER
|
|
District Court Area of
|
District No.
|
|
............................................................ ............................................................ . Maintenance Creditor
|
|
............................................................ ............................................................ ... Maintenance Debtor
|
|
|
|
WHEREAS on the hearing of a complaint on the day of
|
|
19 , brought by the above-named maintenance creditor
|
|
residing at ............................................................ ...................................................*(in court area and
|
|
district aforesaid), that the above-named maintenance debtor
|
|
residing at ............................................................ ............................................................ .....................
|
|
*[*(being the spouse of the maintenance creditor) has failed to provide such maintenance as is proper in the circumstances *(for the said maintenance creditor) *(and) *(for the dependent children of the family)]
|
|
*[being a parent of a dependent child whose parents are not married to each other *(and the maintenance creditor being the other parent of the child), has failed to provide such maintenance as is proper in the circumstances for that dependent child]
|
|
AND WHEREAS the Court is satisfied
|
|
(i) that notice of the institution of these proceedings was
|
|
served on the maintenance debtor at ............................................................ ...................................
|
|
in accordance with the law of that place,
|
|
(ii) that such notice was served on the maintenance debtor 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,
|
|
AND AFTER HEARING the evidence tendered by or on behalf of the maintenance creditor *(and the maintenance debtor),
|
|
THE COURT HEREBY ORDERS
|
|
*(1 that the maintenance debtor pay to the maintenance creditor for her support the weekly sum of
£ ,)
|
|
*(2 that the maintenance debtor pay to the maintenance creditor a *(further) weekly sum of £ for the support of each dependent child named hereunder until that child shall attain the age of 16 years—
|
|
............................................................ ....... born on............................................................ ................
|
|
............................................................ ....... born on............................................................ ...............
|
|
............................................................ ....... born on............................................................ ................
|
|
*(and ............................................................ ................... born on......................................................
|
|
who has attained the age of 16 years and is under the age of 21 years and who *(is) *(will be) receiving full-time education or instruction at an educational establishment),
|
|
*(and ............................................................ ................... born on.....................................................
|
|
who has attained the age of 16 years but who is suffering from mental or physical disability to such an extent that it is not reasonably possible for him to maintain himself fully),
|
|
making a total weekly payment of £ )
|
|
3 that the first of such total weekly payments be made on the
|
day of 19 ,
|
|
*(4 that the maintenance debtor pay to the maintenance creditor the sum of £ being the costs and expenses incurred in obtaining this order,)
|
|
*(AND THE COURT DIRECTS pursuant to section 9 (1) (a) of the
Family Law (Maintenance of Spouses and Children) Act, 1976
that the payments aforesaid be made to the District Court Clerk
|
|
at ............................................................ ............................................................ ....... for transmission
|
|
to the maintenance creditor.)
|
|
*(AND the maintenance creditor requesting the Court not to do so and the Court considering that it would not be proper to do so MAKES NO DIRECTION pursuant to section 9 (1) (a) of the
Family Law (Maintenance of Spouses and Children) Act, 1976
.
|
|
|
|
Dated this
|
day of 19 ,
|
|
Signed ............................................................ ............................................................ ...........................
|
|
Justice of the District Court
|
|
| |
*Delete words inapplicable.
|
| |
|
| |
|
| |
|
| |
___________________________________________________________________________
|
| |
|
| | |
Rule 13
|
|
Form 20
|
|
Family Law (Maintenance of Spouses and Children) Act, 1976
Maintenance Orders Act, 1974
section 17
|
|
ORDER *VARYING *REVOKING A MAINTENANCE ORDER
|
|
District Court Area of
|
District No.
|
|
............................................................ ............................................................ .... Maintenance Creditor
|
|
............................................................ ............................................................ ...... Maintenance Debtor
|
|
WHEREAS by maintenance order dated the day of 19 ,
|
|
made at the sitting of the District Court at ............................................................ ................................
|
|
the above named maintenance debtor residing at ............................................................ .......................
|
|
............................................................ ................was ordered to pay to the above-named maintenance
|
|
creditor residing at ............................................................ .............................................*(in court area
|
|
and district aforesaid) *(the weekly sum of £ for
|
|
her support) *(and) *(the weekly sum of £ for the
|
|
support of ............................................................ .................dependent children *(of the family)),
|
|
|
|
AND WHEREAS an application was on this day made to the Court by the *(maintenance creditor) *(maintenance debtor) for the *(variation) *(revocation) of the said order,
|
|
|
|
AND WHEREAS the Court is satisfied
|
|
(i) that notice of the institution of these proceedings was served on the *(maintenance debtor) *(maintenance creditor) at ............................................................ .................................. in accordance
|
|
with the law of that place,
|
|
(ii) that such notice was served 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,
|
|
AND AFTER HEARING the evidence tendered by or on behalf of the *(maintenance creditor) *(and) *(maintenance debtor).
|
|
THE COURT HEREBY ORDERS
|
|
*(that the said maintenance order BE REVOKED,)
|
|
*(that the said maintenance order BE VARIED AS FOLLOWS—
|
|
*(1 that the maintenance debtor pay to the maintenance creditor for her support the weekly sum of £ ,)
|
|
*(2 that the maintenance debtor pay to the maintenance creditor the weekly sum of £ for the support of each dependent child *(of the family) named hereunder until that child shall attain the age of 16 years —
|
|
............................................................ ............ born on............................................................ .............
|
|
............................................................ ............ born on............................................................ .............
|
|
............................................................ ............ born on............................................................ .............
|
|
*(and ............................................................ ........... born on............................................................ ....
|
|
who has attained the age of 16 years and is under the age of 21 years and who *(is) *(will be) receiving full-time education or instruction at an educational establishment,)
|
|
*(and ............................................................ ........... born on............................................................ ....
|
|
who has attained the age of 16 years but who is suffering from mental or physical disability to such an extent that it is not reasonably possible for him to maintain himself fully,)
|
|
making a total weekly payment of £ )
|
|
3 that the first of such total weekly payments be made on the day of 19 ,
|
|
*(4 that the maintenance debtor pay to the maintenance creditor the sum of
|
|
£ being the costs and expenses incurred in obtaining this order,)
|
|
*(AND THE COURT DIRECTS pursuant to section 9 (1) (a) of the
Family Law (Maintenance of Spouses and Children) Act, 1976
that
|
|
the payments aforesaid be made to the District Court Clerk at
|
|
............................................................ ............................................................ .......................................
|
|
|
for transmission
|
|
to the maintenance creditor.)
|
|
*(AND the maintenance creditor requesting the Court not to do so and the Court considering that it would not be proper to do so MAKES NO DIRECTION pursuant to section 9 (1) (a) of the
Family Law (Maintenance of Spouses and Children) Act, 1976
.)
|
|
Dated this
|
day of 19 ,
|
|
Signed ............................................................ ............................................................ .............................
|
|
Justice of the District Court
|
|
| |
*Delete words inapplicable.
|
| |
SCHEDULE
|
| |
PART IV
|
| |
(Forms substituted in the Rules of 1962)
|
| |
|
| |
|
| |
|
| |
___________________________________________________________________________
|
| |
|
| | |
Rule 26 (1)
|
|
Form 51
|
|
Enforcement of Court Orders Act, 1940
section 8
|
|
INFORMATION
|
|
District Court Area of
|
District No.
|
|
............................................................ ............................................................ .. Maintenance Creditor
|
|
............................................................ ............................................................ .... Maintenance Debtor
|
|
THE INFORMATION of ............................................................ .......................................................
|
|
of ............................................................ ............................................................ ..................................
|
|
who says on oath:—
|
|
1. by *maintenance *variation *interim order dated the
|
|
day of 19 ,made at the sitting of the
|
|
District Court at ............................................................ ..................................................... the above-
|
|
named maintenance debtor, of ............................................................ ..................................................
|
|
was ordered to pay to me, the above-named maintenance
|
|
creditor, of ............................................................ ...................................................... * (the weekly
|
|
sum of £
|
for my support) *(the weekly sum of £ for the
|
|
support of ............................................................ ..............dependent children *(of the family)
|
|
*(together with the sum of £
|
for costs and expenses),
|
|
2. The payments directed by the said order to be made 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 the swearing of this information *(together with the sum of £ for costs and expenses, making in all the sum of £ ),
|
|
3. I therefore apply for the issue of a warrant for the
|
|
arrest of the said maintenance debtor, ............................................................ ......................................
|
|
of ............................................................ ............................................................ .................................
|
|
Signed ............................................................ ............................................................ ...........................
|
|
Informant
|
|
Sworn before me this day of 19 ,
|
|
Signed ............................................................ ............................................................ ..........................
|
|
Justice of the District Court
|
|
| |
*Delete words inapplicable.
|
| |
|
| |
|
| |
|
| |
____________________________________________________________________________
|
| |
|
| | |
Rule 26 (2)
|
|
Form 52
|
|
Enforcement of Court Orders Act, 1940
section 8
|
|
SUMMONS FOR ATTENDANCE OF MAINTENANCE DEBTOR
|
|
District Court Area of
|
District No.
|
|
............................................................ ............................................................ ... Maintenance Creditor
|
|
............................................................ ............................................................ ..... Maintenance Debtor
|
|
|
|
WHEREAS an information and complaint has been made on oath and
|
|
in writing on the
|
day of
|
19 ,
|
by the
|
|
above-named maintenance creditor of ............................................................ .......................................
|
|
*(in court area and district aforesaid) that by *maintenance
|
|
*variation *interim order dated the day of 19 ,
|
|
made at the sitting of the District Court at ............................................................ ..............................
|
|
the above-named maintenance debtor, of ............................................................ ..................................
|
|
*(in court area and district aforesaid) was ordered to pay
|
|
to the maintenance creditor *(the weekly sum of £ for her
|
|
support) *(and) *(the weekly sum of £ for the support
|
|
of ............................................................ ..............dependent children *(of the family))
|
|
*(together with the sum of £ for costs and expenses).
|
|
AND THAT the payments directed by the said order to be made
|
|
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 the swearing of the said information
|
|
|
|
*(together with the sum of £ for costs and expenses,
|
|
making in all the sum of £ )
|
|
THIS IS TO COMMAND YOU to appear at the sitting
|
|
of the District Court at ............................................................ ............................................................
|
|
for court area and district aforesaid on the day of
|
|
19 , at a.m./p.m. to answer the said complaint.
|
|
Dated this
|
day of 19 ,
|
|
Signed ............................................................ ............................................................ ..........................
|
|
Justice of the District Court
|
|
To
|
|
of
|
|
the above-named maintenance debtor
|
|
| |
*Delete words inapplicable.
|
| |
|
| |
|
| |
|
| |
___________________________________________________________________________
|
| |
|
| | |
Rule 26 (2)
|
|
Form 53
|
|
Enforcement of Court Orders Act,. 1940
section 8
|
|
WARRANT OF ARREST
|
|
District Court Area of
|
District No.
|
|
............................................................ ............................................................ ... Maintenance Creditor
|
|
............................................................ ............................................................ ..... Maintenance Debtor
|
|
WHEREAS an information and complaint has been made on oath
|
|
and in writing on the day of 19 , by
|
|
the above-named maintenance creditor of............................................................ ..................................
|
|
*(in court area and district aforesaid) that by *maintenance
|
|
*variation *interim order dated the
|
day of
|
|
19 ,
|
made at the sitting of the District Court at
|
|
............................................................ ............................................................ ........... the above-named
|
|
maintenance debtor of ............................................................ ............................................................ ...
|
|
*(in court area and district aforesaid) was ordered to pay
|
|
to the maintenance creditor *(the weekly sum of £
|
for her
|
|
support) *(and) *(the weekly sum of £ for the support
|
|
of............................................................ ...........dependent children *(of the family))
|
|
*(together with the sum of £ for costs and expenses),
|
|
AND THAT the payments directed by the said order to be made 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 the swearing of the said information *(together with the sum of £ for costs and expenses, making in all the sum of £ ),
|
|
THIS IS TO COMMAND YOU to whom this warrant is addressed to
|
|
arrest the said maintenance debtor ............................................................ ..............................................
|
|
of ............................................................ ...........................................................and to bring him before
|
|
me or another justice to be dealt with according to law.
|
|
Dated this
|
day of 19 ,
|
|
Signed ............................................................ ............................................................ ............................
|
|
Justice of the District Court
|
|
To the Superintendent of the Garda Síochána
|
|
at ............................................................ ............................................................ ....................................
|
|
ENDORSEMENT AS TO RELEASE ON BAIL
|
|
I hereby direct that the said maintenance debtor be on arrest released on entering 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 apprearance of the said maintenance debtor at the sitting of the District Court to be held in the said district next following his arrest,
|
|
Dated this
|
day of 19 ,
|
|
Signed ............................................................ ............................................................ ............................
|
|
Justice of the District Court
|
|
| |
*Delete words inapplicable.
|
| |
|
| |
|
| |
|
| |
___________________________________________________________________________
|
| |
|
| | |
Rule 26 (5)
|
Form 55
|
|
Enforcement of Court Orders Act, 1940
section 8
|
|
WARRANT OF COMMITTAL
|
|
District Court Area of
|
District No.
|
|
............................................................ ............................................................ .. Maintenance Creditor
|
|
............................................................ ............................................................ .... Maintenance Debtor
|
|
WHEREAS the above-named maintenance debtor of ............................................................ ..............
|
|
*(in court area and district aforesaid) was this day before a
|
|
sitting of the District Court at ............................................................ .................................................
|
|
for court area and district aforesaid on foot of a *warrant
|
|
of arrest *summons reciting—
|
|
that by *maintenance *variation *interim order dated the
|
|
day of 19 , made at the sitting of the
|
|
District Court at ............................................................ ............................................................ ..........
|
|
the maintenance debtor was ordered to pay to the above-named
|
|
maintenance creditor of............................................................ .............................................*(in court
|
|
area and district aforesaid) *(the weekly sum of £ for her
|
|
support) *(and) *(the weekly sum of £
|
for the support of
|
|
............................................................ ...................................................... dependent children *(of the
|
|
family)) *(together with the sum of £
|
for costs and expenses),
|
|
AND WHEREAS the Court is satisfied on the evidence adduced that of the said weekly payments which have become due and payable by virtue of the said order within the six months immediately preceding the day of 19 , being the date of the swearing of the information on foot of which the warrant of arrest or summons herein was issued, the sum of £ *(together with the sum of £ for costs and expenses, making in all the sum of £ ) has not been duly paid,
|
|
AND AFTER HEARING the maintenance debtor and he not having shown to the satisfaction of the Court 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
|
............................................................ ....................
|
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 £ *(together with the sum of £ being
|
|
the costs of these proceedings, making in all the sum of £ )
|
|
Dated this
|
day of 19 ,
|
|
Signed ............................................................ ............................................................ ..........................
|
|
Justice of the District Court
|
|
|
|
WARRANT TO ENFORCE ORDER
|
|
THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said maintenance debtor ............................................................ ............................................................ ..........................
|
|
of............................................................ ....................................................... and lodge him in the prison
|
|
at ............................................................ ...............................................there to be imprisoned by the
|
|
governor thereof for the period of ............................................................ .............................pursuant
|
|
to the above order unless the sum of £
|
be sooner
|
|
paid.
|
|
Dated this
|
day of 19 ,
|
|
Signed ............................................................ ............................................................ ...........................
|
|
Justice of the District Court
|
|
To the Superintendent of the Garda Síochána
|
|
at ............................................................ ............................................................ ..................................
|
|
| |
*Delete words inapplicable.
|
| |
|
| |
|
| |
|
| |
___________________________________________________________________________
|
| |
|
| | |
Rule 26 (3)
|
Form 56
|
|
Enforcement of Court Orders Act, 1940
section 8
|
|
WARRANT OF DISTRESS AND SALE
|
|
District Court Area of
|
District No.
|
|
............................................................ ............................................................ . Maintenance Creditor
|
|
............................................................ ............................................................ ... Maintenance Debtor
|
|
WHEREAS the above-named maintenance debtor of ............................................................ .............
|
|
*(in court area and district aforesaid) was this day before a
|
|
sitting of the District Court at ............................................................ .................................................
|
|
for court area and district aforesaid on foot of a *warrant
|
|
of arrest *summons reciting that—
|
|
by *maintenance *variation *interim order dated the
|
|
day of 19 , madeatthesittingoftheDistrict
|
|
Court at ............................................................ ........................... the maintenance creditor was
|
|
ordered to pay to the above-named maintenance debtor of............................................................ .....
|
|
....................................... *(in court area and district aforesaid)
|
|
*(the weekly sum of £
|
for her support) *(and)
|
|
*(the weekly sum of £ for the support of ............................................................ ...................
|
|
dependent children *(of the family)) *(together with the sum
|
|
of £
|
for costs and expenses),
|
|
AND WHEREAS the Court is satisfied on the evidence adduced that of the said weekly payments which have become due and payable by virtue of the said order within the six months immediately preceding the day of 19 , being the date of the swearing of the information on foot of which the warrant of arrest or summons herein was issued, the sum of £ *(together with the sum of £ for costs and expenses, making in all the sum of £ ) has not been duly paid,
|
|
AND AFTER HEARING the maintenance debtor and he not having shown to the satisfaction of the Court 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 sum of £ *(together with the sum of £ being the costs of these proceedings, making in all the sum of £ ) be levied by the distress and sale of the goods 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 ,
|
|
Signed ............................................................ ............................................................ ..........................
|
|
Justice of the District Court
|
|
|
|
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.
|
|
The sum to be levied hereunder is £ .
|
|
Dated this
|
day of 19 ,
|
|
Signed ............................................................ ............................................................ ..........................
|
|
Sheriff/County Registrar of the said County
|
|
| |
*Delete words inapplicable.
|
| |
|
| |
|
| |
|
| |
___________________________________________________________________________
|
| |
|
| | |
Rule 26 (8)
|
|
Form 58
|
|
Enforcement of Court Orders Act, 1940
section 8 (2) (b)
|
|
WARRANT OF DETENTION
|
|
District Court Area of
|
|
District No.
|
|
............................................................ ........................................................
|
Maintenance Creditor
|
|
............................................................ ........................................................
|
Maintenance Debtor
|
|
WHEREAS the above-named maintenance debtor of............................................................ ...............
|
|
*(in court area and district aforesaid) was this day before a
|
|
sitting of the District Court at ............................................................ ................................................
|
|
for court area and district aforesaid on foot of a *warrant of arrest *summons reciting that—
|
|
by *maintenance *variation *interim order dated the
|
|
day of 19 , made at the sitting of the District
|
|
Court at ............................................................ ..................................... the maintenance debtor was
|
|
ordered to pay to the above-named maintenance creditor of
|
|
............................................................ ........................................*(in court area and district aforesaid)
|
|
*(the weekly sum of £ for her support) *(and)
|
|
*(the weekly sum of £ for the support of............................................................ ...............
|
|
dependent children *(of the family)) *(together with the sum
|
|
of £
|
for costs and expenses),
|
|
|
AND WHEREAS the Court is satisfied on the evidence adduced that of the said weekly payments which have become due and payable by virtue of the said order within the six months immediately preceding the day of 19 , being the date of the swearing of the information on foot of which the *warrant/*summons herein was issued, the sum of £ *(together with the sum of £ for costs and expenses, making in all the sum of £ ) has not been duly paid,
|
|
AND AFTER HEARING the maintenance debtor and he not having shown to the satisfaction of the Court that the failure to pay the said sum was due neither to his wilful refusal nor to his culpable neglect,
|
|
AND WHEREAS the Court directed that the said sum of £
|
|
*(together with the sum of £ costs of the said application) be levied by distress and sale of the goods of the maintenance debtor, AND FURTHER REQUIRED the maintenance debtor to enter into a recognisance with sureties conditioned for his appearance before me sitting at the
|
|
District Court at............................................................ .......................................on the day
|
|
of 19 , at a.m./p.m. or any adjournment
|
|
thereof unless the said sum of £ *(and£ costs)
|
|
should previously have been discharged in full either as a result of such levy or otherwise,
|
|
AND WHEREAS the maintenance debtor on being so required to enter into such recognisance had not complied with such requirement,
|
|
THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge the said maintenance debtor ............................................................ ............................................................ ...........................
|
|
of ............................................................ ...................................in the prisonat..................................
|
|
............................................................ ...............................there to be detained by the governor
|
|
thereof until the said
|
day of
|
19 , when he
|
|
shall have him at the District Court at............................................................ .....................................
|
|
aforesaid at the said hour unless the maintenance debtor be previously released from custody in purusance of
section 8
of the
Enforcement of Court Orders Act, 1940
.
|
|
|
|
Dated this
|
day of 19 ,
|
|
Signed ............................................................ ............................................................ ...........................
|
|
|
Justice of the District Court
|
|
To the Superintendent of the Garda Síochána,
|
|
at ............................................................ ............................................................ ..................................
|
|
and his assistants.
|
|
|
|
|
Enforcement of Court Orders Act, 1940
|
|
|
Section 8 (2) (c):—
|
|
|
|
"if while the defaulter is so in custody either—
|
|
(i) he enters into a recognisance before a peace commissioner with sureties to the satisfaction of such peace commissioner to appear before such Justice on the said specified day if the said amount is not previously discharged as a result of such levy or otherwise, or
|
|
(ii) the said amount is discharged in full either as a result of such levy or otherwise,
|
|
the defaulter shall be released from custody forthwith:"
|
|
| |
*Delete words inapplicable.
|
| |
|
| |
|
| |
|
| |
__________________________________________________________________________
|
| |
|
| | |
Rule 26 (9)
|
Form 59
|
|
Enforcement of Court Orders Act, 1940
|
|
section 8 (2) (d)
|
|
WARRANT OF DETENTION
|
|
District Court Area of
|
District No.
|
|
............................................................ ............................................................ .. Maintenance Creditor
|
|
............................................................ ............................................................ .... Maintenance Debtor
|
|
WHEREAS the above-named maintenance debtor of ............................................................ .............
|
|
*(in court area and district aforesaid) was this day before a sitting of the
District Court at............................................................ ............................................................ ......
|
|
for court area and district aforesaid on foot of a *warrant of arrest *summons reciting that—
|
|
by *maintenance *variation *interim order dated the
|
|
day of
|
19 ,
|
, made at the sitting of the District
|
|
Court at ............................................................ ..................................... the maintenance debtor was
|
|
ordered to pay to the above-named maintenance creditor of............................................................ ....
|
|
*(in court area and district aforesaid)
|
|
*(the weekly sum of £ for her support) *(and)
|
|
*(the weekly sum of £ for the support of ............................................................ .............
|
|
dependent children *(of the family)) *(together with the sum
|
|
of £
|
for costs and expenses),
|
|
AND WHEREAS the Court is satisfied on the evidence adduced that of the said weekly payments which have become due and payable by virtue of the said order within the six months immediately preceding the day of 19 , being the date of the swearing of the information on foot of which the *warrant of arrest/*summons herein was issued, the sum of £ *(together with the sum of £ for costs and expenses, making in all the sum of £ ) has not been duly paid,
|
|
AND AFTER HEARING the maintenance debtor and he not having shown to the satisfaction of the Court that the failure to pay the said sum was due neither to his wilful refusal nor to his culpable neglect,
|
|
AND WHEREAS the Court directed that the said sum of £ *(together with the sum of £ for costs of these proceedings) be levied by distress and sale of the goods of the maintenance debtor AND FURTHER REQUIRED the maintenance debtor to enter into a recognisance with sureties conditioned for his appearance
|
|
before the sitting of the District Court at ............................................................ ...............................
|
|
on this date if the said sum had not previously been discharged in full either as a result of such levy or otherwise,
|
|
AND the maintenance debtor not having complied with such requirements, the Court ordered him to be detained in custody and brought before the Court sitting at .......................................................
|
|
this day unless previously released from custody in pursuance of
section 8
of the
Enforcement of Court Orders Act, 1940
.
|
|
*(AND WHEREAS the maintenance debtor subsequently entered into such recognisance and was discharged from custody and has duly appeared before the Court this day,)
|
|
AND WHEREAS the said amount of £ consisting of the said sum of £ *(and the said sum of £ for costs) has not been discharged in full either as result of such levy or otherwise and of the said amount of £the sum of £ has not been paid,
|
|
AND WHEREAS the maintenance debtor has not shown to the satisfaction of the Court that the failure to discharge the said amount was due neither to his wilful refusal not to his culpable neglect,
|
|
THIS IS TO COMMAND YOU to whom this warrant is addressed to lodge
|
|
the said maintenance debtor ............................................................ ...................................................
|
|
of............................................................ ............................................................ .......... in the prison at
|
|
............................................................ ..........................................................there to be imprisoned by
|
|
the governor thereof for the period of ............................................................ ........................ months
|
|
unless he or someone on his behalf shall sooner pay to the
|
|
district court clerk at ............................................................ ............................................................ ....
|
|
or to you or the said governor for the said clerk the said
|
|
sum of £
|
*(and the sum of £ costs of these proceedings).
|
|
Dated this day of 19 ,
|
|
Signed ............................................................ ............................................................ ...........................
|
|
Justice of the District Court
|
|
To the Superintendent of the Garda Síochána
|
|
at ............................................................ ............................................................ ..................................
|
|
and his assistants.
|
|
| |
GIVEN this 30th day of June, 1988.
|
| |
OLIVER A. MACKLIN
|
| |
Chairman
|
| |
|
| | |
JOHN P. CLIFFORD
|
|
GERARD F. GRIFFIN
|
|
JOHN GARAVAN
|
|
P.J. BRENNAN
|
|
SEAMUS S. O CATHASAIGH
|
|
| |
I concur in the making of the foregoing Rules.
|
| |
DATED this 30th day of June, 1988.
|
| |
GERARD COLLINS,
|
| |
Minister for Justice.
|
| |
EXPLANATORY NOTE.
|
| |
These Rules, which come into operation on 4 July 1988, make the necessary additions to and changes in District Court rules arising out of those provisions of the
Status of Children Act, 1987
, which affect guardianship and maintenance law. As regards guardianship, the 1987 Act amended the
Guardianship of Infants Act, 1964
, so as to enable the father of a child who has not married the child's mother to be appointed guardian of the child jointly with her. As regards maintenance, the 1987 Act repealed the
Illegitimate Children (Affiliation Orders) Act, 1930
, and replaced it with new provisions of the
Family Law (Maintenance of Spouses and Children) Act, 1976
, which deal with the maintenance of children whose parents are not married to each other.
|
