S.I. No. 152/1982:

CIRCUIT COURT RULES (NO. 3), 1982 (FAMILY LAW (PROTECTION OF SPOUSES AND CHILDREN) ACT, 1981

CIRCUIT COURT RULES (NO. 3), 1982 (FAMILY LAW (PROTECTION OF SPOUSES AND CHILDREN) ACT, 1981

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of Section 69 of the Courts of Justice Act, 1936 , and Section 12 of the Courts of Justice Act, 1947 , by virtue of the powers conferred on us by Section 66 of the Courts of Justice Act, 1924 , and Section 70 of the Courts of Justice Act, 1936 , (as applied by Section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and Section 27 of the Courts (Supplemental Provisions) Act, 1961 , and Section 13 of the Family Law (Protection of Spouses and Children) Act, 1981 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Court.

DATED the 26th day of April, 1982

I concur in the making of the annexed Rules of Court.

DATED the 21st day of May, 1982

SEAN DOHERTY

Minister for Justice

CIRCUIT COURT RULES (NO. 3), 1982 (FAMILY LAW (PROTECTION OF SPOUSES AND CHILDREN) ACT, 1981)

1. These Rules which may be cited as the Circuit Court Rules (No. 3), 1982 shall come into operation on the 27th day of May, 1982.

2. The Order referred to in these Rules shall be added to and construed together with those Orders contained in the Rules of the Circuit Court, 1950, as amended.

ORDER 66

FAMILY LAW (PROTECTION OF SPOUSES AND CHILDREN) ACT, 1981 (No. 21 of 1981)

Rule 1. Definition.

In this Order "the Act" means the Family Law (Protection of Spouses and Children) Act, 1981 (No. 21 of 1981); "Barring Order" means an Order which may be made under Section 2 of the Act, and "Protection Order" means an Order which may be made under Section 3 of the Act.

Rule 2. Venue.

Applications under this Order shall be brought in the Circuit in which the applicant spouse resides or where the place in relation to which the application for a Barring Order is made, is situate.

Rule 3. Barring Order.

An application for the making, varying or discharging of a Barring Order shall be instituted by the completion and signature of an application in the form specified in the Schedule of Forms attached hereto or such modification thereof as may be appropriate in the circumstances.

Rule 4. Protection Order.

An application for a Protection Order may be made by. Motion on Notice or by ex parte application after the institution of proceedings for a Barring Order and shall be grounded upon an affidavit of the applicant spouse. An application for the discharge of a Protection Order shall be made by Motion on Notice. Urgent applications under this Rule may be made to a Judge at any time or place approved by him, by arrangement with the County Registrar.

Rule 5. Entry.

Every application under Rule 3 of this Order shall be entered before service in the Office and a date for the hearing of the same obtained.

Rule 6. Date of Hearing.

Every application under Rule 3 of this Order shall state the date upon which the application shall be listed for hearing. For the purpose of obtaining an expeditious hearing of such application, the same may be set down for hearing at any sitting of the Court within the Circuit.

Rule 7. Signature.

Every application under Rule 3 and every Notice of Motion shall be dated and bear the name, address and description of the applicant and shall be signed by the applicant or by the applicant's solicitor.

Rule 8. Service and Notice of Hearing.

Every application under Rule 3 shall be served at least four clear days before the date scheduled for the hearing thereof, either personally in accordance with the provisions of Order 10 of the Circuit Court Rules, 1950, as amended, or, alternatively, by leaving a true copy of the same at the respondent's residence. In the event that there is no Summons Server assigned to the relevant area any person over the age of twenty-one years shall be deemed to be an authorised person for the purpose of the service of such application.

Rule 9. Affidavit of Service.

An Affidavit of Service of every application under Rule 3 and every Motion on Notice shall be sworn and shall be handed up at the hearing of the application.

Rule 10. Hearing of Barring Orders.

Save by special leave of the Court, all applications for Barring Orders and for a variation or discharge of any Barring Order shall be heard on oral evidence.

Rule 11. Joinder of Applications.

Any application for a Barring Order may be joined together with any other application on the same Notice of application.

Rule 12. Copies of Orders to Spouses and Garda Síochána.

On the making, varying or discharging of a Barring Order or the making or discharging of a Protection Order the County Registrar shall cause a copy of the Order in question to be given to the applicant spouse, and to be given or sent as soon as practicable to the respondent spouse and the member of the Garda Síochána in charge of the Garda Síochána station for the area in which is situate the place in relation to which the application for the Barring Order was made.

SCHEDULE

FORM NO. 1

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

TAKE NOTICE that the above named Applicant of

                       in the County of

hereby applies to the Court sitting at

pursuant to Section 2 Sub-Section 1 of the above Act for an Order requiring

the Respondent to leave the premises

(insert description of place in respect of which Order is sought)

where the Applicant *and/or a *child/children within the meaning of the Act resides and prohibiting the Respondent from entering that place until further Order by the Court or until such time as the Court shall specify, and for such further or other Order as the Court thinks fit, together with an Order providing for the costs of the application.

*Delete as may be appropriate.

AND TAKE NOTICE that the Applicant will rely on the following matters in support of this application:

1. The Applicant and the Respondent were married on the day of

Here set out names of children concerned.

2. The following children (within the meaning of the above Act) reside at the place described above

3. The safety *and/or welfare of the Applicant *and/or of the *child/children mentioned in Par. 2 above require the making of a Barring Order in that: (here set out briefly grounds for seeking Barring Order)

AND TAKE NOTICE THAT the application will be listed for hearing by

the Court on the    day of       , 19

To: C.D.

Respondent

Address: ..........................

FORM NO. 2

AN CHÚIRT CHÚARDA

(THE CIRCUIT COURT)

TAKE NOTICE that the above named Applicant of

                         in the County of  

hereby applies to the Court sitting at                    

pursuant to *Section 2 subsection 3/Section II of the above Act for an Order that the Order made by this Court on the day of whereby the *Applicant/Respondent was ordered to leave the premises (here give description of the place described in the Order) and prohibited from entering the same be *varied/discharged and to provide for the costs of this application.

*Delete whichever is inappropriate.

AND TAKE NOTICE that the Applicant will rely on the following matters in support of the application:

(set out grounds for seeking to vary or discharge the Court Order, as appropriate)

AND TAKE NOTICE that the said application will be listed for hearing by the Court on the day of  , 19

To: C.D.

Respondent

Address:............................

EXPLANATORY NOTE

These Rules, which come into operation on 27 May, 1982, regulate the practice and procedure of the Circuit Court under the Family Law (Protection of Spouses and Children) Act, 1981 , which amends the law relating to barring orders.