STATUTORY INSTRUMENTS.

S.I. No. 343 of 1997.

RULES OF THE SUPERIOR COURTS (No. 3) OF 1997.

S.I. No. 343 of 1997.

RULES OF THE SUPERIOR COURTS (No. 3) OF 1997.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936, section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953, section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924, section 36, and the Courts of Justice Act, 1936, section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961, section 48), and the Courts (Supplemental Provisions) Act, 1961, section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 9th day of July, 1997.

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

Dated this 13th day of August, 1997.

JOHN O'DONOGHUE,

Aire Dlí agus Cirt,

Comhionannais agus Athchóirithe Dlí.

S.I. No. 343 of 1997.

RULES OF THE SUPERIOR COURTS (No. 3), 1997.

1. These rules shall be construed together with the Rules of the Superior Courts, 1986 and 1996 and may be cited as the Rules of the Superior Courts (No. 3), 1997.

2. These rules shall come into operation on the 1st day of September 1997.

3. The following Order shall be substituted for Order 70A of the Rules of the Superior Courts.

“

ORDER 70A

1. (1) In this Order family law proceedings shall include:

(a)  Any proceeding pursuant to section 36 of the Family Law Act, 1995 or to that section as applied by section 44 of the Family Law (Divorce) Act, 1996.

(b)  An application pursuant to section 3 of the Adoption Act, 1974 or pursuant to section 3 of the Adoption Act, 1988.

(c)  An application pursuant to section 3(8), 4, 5 or 9 of the Family Home Protection Act, 1976.

(d)  Any application pursuant to section 6 or 7 of the Family Law Act, 1981.

(e)  Any proceeding pursuant to the Guardianship of Infants Act, 1964, the Family Law (Maintenance of Spouses and Children) Act, 1976 or pursuant to the Domestic Violence Act, 1996 which has been institiuted and maintained in the High Court pursuant to Article 34.3.1 of the Constitution.

(f) An application for a decree of judicial separation pursuant to section 3 of the Judicial Separation and Family Law Reform Act, 1989 and any preliminary or ancilliary application relating thereto under Part II of the Family Law Act, 1995.

(g)  Any proceedings transferred to the High Court pursuant to section 31(3) of the Judicial Separation and Family Law Reform Act, 1989.

(h)  An application for a decree of divorce pursuant to section 5 of the Family Law (Divorce) Act, 1996 and preliminary or ancilliary application relating thereto under Part III thereof.

(i)  An application to institute proceedings for relief subsequent to a divorce or separation outside the State pursuant to section 23 of the Family Law Act, 1995.

(j)  An application pursuant to section 15(A) or section 25 of the Family Law Act, 1995 or pursuant to section 18 of the Family Law (Divorce) Act, 1996.

(k)  An application for a declaration as to marital status under Part IV of the Family Law Act, 1995.

1. (2) In this Order

“the 1989 Act” means the Judicial Separation and Family Law Reform Act, 1989,

“the 1995 Act” means the Family Law Act, 1995,

“the 1996 Act” means the Family Law (Divorce) Act, 1996,

“the Acts” means all in any of the Acts referred to in rule 1 (1).

Commencement

2. All family law proceedings other than an application under rule 27 of this Order shall be commenced by a special summons which shall be a family law summons and shall be entitled:

“THE HIGH COURT

FAMILY LAW

In the matter of the ............. Act, 19........ (as the case may be)

Between/

A.B. the Applicant

and

C.B. the Respondent”

3. The endorsement of claim shall be entitled “Special Endorsement of Claim” and shall state specifically, with all necessary particulars, the relief sought and each section of the Act or Acts under which the relief is sought and the grounds upon which it is sought.

4. In any proceedings pursuant to rule 1(1) above an affidavit verifying such proceedings or in reply thereto shall contain the following, where applicable:

(a)  In the case of an application for a judicial separation or a decree of divorce

(1) The date and place of the marriage of the parties.

(2) The length of time the parties have lived apart and the address of both of the parties during that time, where known.

(3) Full particulars of any children of the applicant or respondent stating whether each or any of them is or are a dependent child of the family and stating whether and if so what provision has been made for each and any such dependent child of the applicant or respondent as the case may be.

(4) Whether any possibility of a reconciliation between the applicant and respondent exists and if so on what basis the same might take place.

(5) Details of any previous matrimonial relief sought and/or obtained and details of any previous separation agreement entered into between the parties. (Where appropriate a certified copy of any relevant Court order and/or Deed of Separation/Separation Agreement should be exhibited with the affidavit).

(6) Where each party is domiciled at the date of the application commencing the proceeding or where each party has been ordinarily resident for the year preceding the date of such application.

(7) Details of the family home(s) and/or other residences of the parties including, if relevant, details of any former family homes/residences which should include details of the manner of occupation and ownership thereof.

(8) Where reference is made in the summons to any immovable property whether it is registered or unregistered land and a description of the lands/premises so referred to.

(b)  In the case of an application for relief after a foreign divorce or separation outside the State, such of the particulars at (a) above as are appropriate and

(1) The date and place of marriage and divorce/separation of the parties. (Where appropriate, a certified copy of the decree absolute or final decree of divorce/separation, (together with, where appropriate, an authenticated translation thereof) should be exhibited with the affidavit).

(2) Particulars of the financial, property and custodial/access arrangements operating ancillary to the said decree, and whether such arrangements were made by agreement or by order of the Court or otherwise, and whether such agreements were made contemporaneously with the decree or at another time and the extent of compliance therewith.

(3) The present marital status and occupation of each party.

(4) All details relevant to the matters referred to in section 26 of the 1995 Act.

(c)  In the case of an application for a declaration as to marital status, such of the particulars at (a) above as are appropriate together with

(1) The nature of the applicant's reason for seeking such a declaration.

(2) Full details of the marriage/divorce/ annulment/legal separation in respect of which the declaration is sought including the date and place of such marriage/ divorce/annulment/legal separation. (Where appropriate a certified copy of the marriage certificate/decree of divorce/annulment/legal separation should be exhibited with the affidavit).

(3) The manner in which the jurisdictional requirements of section 29(2) of the 1995 Act are satisfied.

(4) Particulars of any previous or pending proceeding in relation to any marriage concerned or relating to the matrimonial status of a party to any such marriage in accordance with section 30 of the 1995 Act.

(d)  In the case of an application or the determination of property issues between spouses pursuant to section 36 of the 1995 Act or that section as applied by section 44 of the 1996 Act to engaged persons, such particulars of (a) above as are appropriate and

(1) The description, nature and extent of the disputed property or monies.

(2) The state of knowledge of the applicant's spouse in relation to the possession or control of the disputed properties or monies at all relevant times.

(3) The nature and extent of the interest being claimed by the applicant in the property or monies and the basis upon which such claim is made.

(4) The nature and extent of any claim for relief being made and the basis upon which any such claim is made.

(5) The manner in which it is claimed that the respondent has failed, neglected or refused to make to the applicant such appropriate payment or disposition in all of the circumstances and details of any payment or disposition actually made.

(6) Sufficient particulars to show that the time limits referred to at section 36(7) of the 1995 Act have been complied with.

(e)  In the case of an application for relief out of the estate of a deceased spouse pursuant to section 15(A) or section 25 of the 1995 Act or section 18 of the 1996 Act, such of the particulars at (a) above as are appropriate and

(1) The date and place of the marriage and date of any decree of divorce/judicial separation. (The marriage certificate and a certified copy of the decree of divorce/separation shall be exhibited with the affidavit (with authenticated translations where appropriate)).

(2) Details of any previous matrimonial reliefs obtained by the applicant and in particular lump sum maintenance orders and property adjustment orders, if any.

(3) Details of any benefit received from or on behalf of the deceased spouse whether by way of agreement or otherwise and details of any benefits accruing to the applicant under the terms of the will of the deceased spouse or otherwise.

(4) The date of death of the deceased spouse, the date upon which representation was first granted in respect of the estate of the said spouse and, if applicable, the date upon which notice of death of the deceased spouse was given to the applicant spouse and the date upon which the applicant spouse notified the personal representative of an intention to apply for relief pursuant to section 18(7) of the 1996 Act and section 15(A)(7) of the 1995 Act, as the case may be.

(5) The marital status of the deceased spouse at the date of death and the marital status of the applicant at the date of the application and whether the applicant has remarried since the dissolution of the marriage between the applicant and the deceased spouse.

(6) Details of the dependants of the deceased spouse at the date of death and of all the dependants of the applicant at the date of the application together with details together with details of any other interested persons.

(7) An averment as to whether any order pursuant to section 18(10) of the 1996 Act or section 15(A)(10) of the 1995 Act has previously been made.

(8) Details of the value of the estate of the deceased spouse where known.

5. Any such affidavit filed under rule 4 shall, where appropriate, also exhibit the certificate required under section 5 or, as the case may be, section 6 of the 1989 Act or under section 6, or as the case may be, section 7 of the 1996 Act which shall be in Form Nos. 1, 2, 3 or 4 respectively as set out in the schedule hereto.

Affidavit of Means

6. (1) Without prejudice to the right of any party to seek particulars of any matter from the other party to any proceeding or to the right of such party to make application to the Court for an order of discovery and without prejudice to the jurisdiction of the Court pursuant to section 12(25) of the 1995 Act or section 17(25) of the 1996 Act, in any case where financial relief under either of the Acts is sought each party shall file and serve an Affidavit of Means in the proceeding.

(2) The Affidavit of Means shall be in Form No. 5 as set out in the Schedule hereto.

(3) An Affidavit of Means of the applicant shall be served with the verifying affidavit grounding such proceeding and the Affidavit of Means of any respondent or any other party shall be served with the replying affidavit in the proceeding unless otherwise ordered by the Master or the Court. Subsequent to the service of an Affidavit of Means either party may request the other party to vouch all or any of the items referred to therein within 21 days of the said request.

(4) In the event of a party failing properly to comply with the provisions in relation to the filing and serving of an Affidavit of Means as hereinbefore provided for or failing properly to vouch the matters set out therein, the Court may, on application by notice of motion, grant an order for discovery and/or make any such order as the Court deems appropriate and necessary, including an order that such party shall not be entitled to pursue or defend as appropriate such claim for any ancillary relief under the Act save as permitted by the Court and upon such terms as the Court may determine are appropriate or the Court may adjourn the proceeding for a specified period of time to enable compliance with any such previous request or order of the Court.

Affidavit of Welfare

7. In any case in which there is a dependent child or children of the spouses or either of them an Affidavit of Welfare shall be filed and served on behalf of the applicant and shall be in Form No. 6 as set out in the Schedule hereto. In a case in which the respondent agrees with the facts as averred to in the Affidavit of Welfare filed and served by the applicant, the respondent may file and serve an Affidavit of Welfare in the alternative form provided in Form No. 3 of the Schedule hereto. In a case in which the respondent disagrees with all or any of the Affidavit of Welfare served and filed by an applicant, a separate Affidavit of Welfare in the said Form No. 6 herein shall be sworn, filed and served by the respondent within 21 days from the date of service of the applicant's Affidavit of Welfare.

Ex parte application to seek relief under section 23 of the 1995 Act

8. (1) An applicant for relief under section 23 of the 1995 Act may issue but not serve a special summons and shall as soon as may be after the issue of such summons apply ex parte to the Court for leave to make the application for the relief claimed in the summons.

(2) The applicant shall by affidavit verify the requirements specified in section 27 of the 1995 Act and shall set forth the substantial grounds relied upon for seeking relief.

(3) The Court may upon such application, if appropriate, grant or refuse such application or may, in circumstances which seem appropriate, adjourn the application to allow the applicant to put further evidence before the Court on any relevant matter.

(4) If upon application made to it the Court shall grant leave to make the application for the relief claimed in the summons, the applicant may thereupon proceed to serve the summons in the manner provided for by these rules and the matter shall thereupon proceed in accordance with the provisions of this Order.

Interim and Interocutory Relief

9. (1) An application for:

(a)  a preliminary order pursuant to section 6 of the 1995 Act; or

(b)  a preliminary order pursuant to section 11 of the 1996 Act; or

(c)  maintenance pending suit pursuant to section 7 of the 1995 Act; or

(d)  maintenance pending relief pursuant to section 24 of the 1995 Act; or

(e)  maintenance pending suit pursuant to section 12 of the 1996 Act; or

(f)  calculations pursuant to section 12(25) of the 1995 Act; or

(g) calculations pursuant to section 17(25) of the 1996 Act; or

(h)  relief pursuant to section 35 of the 1995 Act; or

(i)  relief pursuant to section 37 of the 1996 Act; or

(j)  relief pursuant to section 38(8) of the 1995 Act; or

(k)  relief pursuant to section 38(7) of the 1996 Act; or

(l)  a report pursuant to section 47 of the 1995 Act; or

(m)  a report pursuant to section 42 of the 1996 Act; or

for any other interlocutory relief, shall be by notice of motion to the Court. Such notice shall be served upon the other party or parties to the proceeding 14 clear days before the return date and shall, where appropriate, be grounded upon the affidavit or affidavits of the parties concerned.

(2) An application may be made ex parte to the Court in any case in which interim relief of an urgent and immediate nature is required by the applicant and the Court may in any case, where it is satisfied that it is appropriate, grant such relief or make such order as appears proper in the circumstances.

(3) Any interim or interlocutory application shall be heard on affidavit unless the Court otherwise directs. Where any oral evidence is heard by the Court in the course of any such application ex parte, a note of such evidence shall be prepared by the applicant or the applicant's solicitor and approved by the Court and shall be served upon the respondent forthwith together with a copy of the order made, if any, unless otherwise directed by the Court.

Notice to Trustees

10. An applicant who seeks an order under Part II of the 1995 Act or under Part III of the 1996 Act affecting a pension in any way shall give notice to the trustees thereof in the Form No. 7 as set out in the Schedule hereto informing them of the application and of the right to make representations in relation thereto to the Court.

Motion for Direction

11. (1) An applicant or respondent may, at any stage, bring a motion for directions to the Court:

(a)  Where there are any dependent children who are sui juris and whose welfare or position is or is likely to be effected by the determination of the proceeding or of any issue in the proceedings;

(b)  Where an order is sought concerning the sale of any property in respect of which any other party has or may have an interest;

(c)  Where an order of any type is sought which will affect the rules of a pension scheme or require non-compliance therewith; or

(d)  Where an application is brought seeking provision out of the estate of a deceased spouse,

or in any other case in which it is appropriate. Such notice of motion shall be grounded upon the affidavit of the applicant which shall, in particular, identify the party or parties whose interests are or are likely to be affected by the determination of the proceeding or any issue in the proceeding and who ought to be put on notice of the said proceeding and given an opportunity of being heard.

(2) The Court may, upon such motion or of its own motion, make such order or give such direction pursuant to section 40 of the 1995 Act or section 40 of the 1996 Act as appears appropriate and may, where any order affecting the rules of a pension scheme is sought, direct that further notice be given to the trustees of such pension scheme in accordance with the Form No. 7 set out in the Schedule hereto or in such variation thereof as the Court may direct, as appropriate.

(3) Save where the Court shall otherwise direct, a notice party who wishes to make representations to the Court shall make such representations by affidavit which shall be filed and served on all parties to the proceeding within 28 days of service upon them of the notice of application for relief or within such further time as the Court may direct.

12. The Court may, at any stage, direct that the parties to any proceeding exchange pleadings in relation to all or any of the issues arising in the proceeding between the parties or between the parties or any of them and any third party on such terms as appears appropriate and may give such directions in relation to the matter as appear necessary.

Hearing

13. (1) Save where the Court otherwise directs, the hearing of any interim or interlocutory application brought under the Acts shall be on the affidavits of the parties subject to the right of the parties to seek to cross examine the opposing party on their affidavit. Any party may serve a notice to cross examine in relation to the deponent of any affidavit served on him.

(2) Save where the court otherwise directs the hearing of any application under the Acts shall be on the oral evidence of the parties.

(3) Where relief is sought by the applicant or the respondent pursuant to section 12 of the 1995 Act or section 17 of the 1996 Act, evidence of the actuarial value of the benefit under the scheme shall be by affidavit filed on behalf of the applicant or respondent as the case may be. Such affidavit on behalf of an applicant shall be sworn and served on all parties to the proceeding and filed at least 28 days in advance of the hearing and subject to the right to serve notice of cross examination in relation to the affidavit. When one of the parties has adduced evidence of the actuarial value of the benefit by such affidavit as provided herein which the other part intends to dispute, he shall do so by affidavit which shall be filed at least 14 days in advance of the hearing, subject to the right to serve notice of cross exmination in relation to same.

14. Where any relief is sought which has not been specifically claimed, the Court may adjourn the proceedings to allow such amendments to the Family Law Summons as may be necessary and upon such terms and conditions as it seems fit.

15. (1) Where any action or proceeding is pending in the High Court which might have been commenced in the Circuit Court or the District Court any party to such action or proceeding may apply to the High Court that the action be remitted or transferred to the Circuit Court or the District Court (as the case may be) and if the High Court should, in exercise of its discretion, consider such an order to be in the interests of justice it shall remit or transfer such action or proceeding to the Circuit Court or the District Court (as the case may be) to be prosecuted before the Judge assigned to such Circuit or (as the case may require) the Judge assigned to such District as may appear to the Court suitable and convenient, upon such terms and subject to such conditions as to costs or otherwise as may appear just.

(2) An application under this rule to remit or transfer an action or proceeding may be made at any time after an appearance has been entered.

16. The provisions of Order 49, rules 1, 2, 3 and 6 shall apply to any proceeding commenced under rule 2 above.

17. Any respondent in family law proceedings may counterclaim by way of a replying affidavit and such affidavit shall clearly set out the relief claimed and the grounds upon which it is claimed in like manner as if he were an applicant and subject to the provisions of this order.

18. In any proceeding which has been transferred to the High Court pursuant to section 31(3) of the 1989 Act, the applicant and the respondent shall each within fourteen days from the making of the order or such further time as the Master may allow, file in the Central Office an affidavit or supplemental affidavits as shall appear necessary to conform to the requirements of this order as if the proceeding had commenced in the High Court, together with certified copy of the order transferring the same and the proceeding shall thereupon be listed for hearing.

19. An application by either spouse or on behalf of a dependent member pursuant to section 18 of the 1995 Act or section 22 of the 1996 Act shall be made to the Court by motion in the proceeding notice to the party concerned and shall be supported by an affidavit verifying the same and shall set out fully how, when and in what respect circumstances have changed or what new evidence exists as a result of which the Court should vary or discharge or otherwise modify in any respect an order to which the section applies.

20. An application pursuant to section 35 of the 1995 Act or pursuant to section 37 of the 1996 Act may, at any time, be made to the Court by motion on notice in the proceeding to the party concerned and shall be supported by an affidavit verifying the facts alleged in relation to the disposition complained of and shall specify the relief claimed and the way in which the disposition is said to be intended to defeat the relief claimed or to affect it in any way and the Court may make such order upon such motion as appears proper in the circumstances and may, if necessary, adjourn the motion in order to give notice of the application to any party affected by the disposition complained of or the disposal of the property concerned.

21. An application pursuant to section 8 of the 1989 Act, for the rescission of a grant of a decree of judicial separation shall be preceded by a notice of re-entry which shall have been given at least one month before the date of the application and shall be grounded on an affidavit sworn by each of the spouses seeking such rescission which shall specify the nature and extent of the reconciliation including whether they have resumed cohabiting as husband and wife and shall also specify such necessary ancillary orders (if any) as they require the Court to make or to consider making in the circumstances.

Subsequent Ancillary Relief

22. Subsequent to the grant of a decree of judicial separation or of a decree of divorce any party who seeks any or any further ancillary relief under Part II of the 1995 Act or or under Part III of the 1996 Act shall do so by notice of motion in the proceeding. Such notice shall be served on any party concerned and shall be grounded on the affidavit of the moving party.

Service of Orders

23. In all cases in which the Registrar of the Court is required to serve or lodge a copy of an order upon any person or persons or body such service or lodgement may be effected by the service of a certified copy of the said order by registered post to the said person or persons or body.

Adoption

24. (1) In any proceeding pursuant to section 3 of the Adoption Act, 1974 and upon the service of a summons on An Bord Uchtála, the Board shall take the following steps:

(a) It shall cause the person who has agreed to the placing of the child, the subject matter of the application for adoption, to be informed of the following matters:

(i) the fact of the institution of the proceeding under section 3 of the Adoption Act, 1974 without revealing to such person the name or identity of the applicants;

(ii) the fact that such person is entitled to be heard and represented upon the hearing of the summons.

(b)  It shall ascertain from such person the following information:

(i) whether such person wishes to be heard and to be represented at the hearing of such summons;

(ii) whether such person has available to him/her advice and is in a position from his/her own resources to be represented by solicitor or solicitor and counsel at the hearing of such summons;

(iii) the address at which such person may be informed of the proceeding and in particular of the date of any hearing at which such person will be heard and represented.

(2) Upon the completion of the steps provided for in subrule (1) the Board shall apply by Motion on Notice to the applicants to the Court for directions. Such application shall, in the first instance, be made on affidavit and in the event that it has been possible to communicate with the person involved such affidavits shall include an affidavit by the servant or officer of the Board who has actually spoken to and had communication with such person. Such person shall not be identified in the body of the affidavit but the name and address present and future of such person shall be set out in a sealed envelope exhibited in such affidavit. Such exhibit shall be opened by the Judge only and unless by special direction of the Court the name, address and identity of such person shall not be revealed to any of the other parties in the suit.

(3) Upon the hearing of such motion for directions the Court may give such directions as it shall think fit for the hearing of the action and in particular may:

(a)  provide, if necessary, for the representation of such person;

(b)  fix a date for the hearing in camera of the evidence and submissions on behalf of the applicants in the absence of such person but in the presence of the solicitor or solicitor and counsel representing such person;

(c)  fix a separate date for the hearing in camera of the evidence and submissions by and on behalf of such person in the absence of the applicants but in the presence of the solicitor or solicitor and counsel for the applicants.

(4) If it is satisfied upon the affidavits supporting such motion or upon such further evidence, oral or otherwise, as may be adduced on behalf of the Board that it is not possible to ascertain the whereabouts of the person who has placed the child for adoption and that it is not possible to communicate with such person the Court may proceed to hear and determine the application without further notice to such person.

25. (1) In an application brought pursuant to section 3(1)(a) of the Adoption Act, 1988, the Health Board shall serve a copy of the summons on the applicants and shall verify by affidavit the reasons why it considers it proper to make the application.

(2) In any proceeding brought pursuant to section 3(1)(b) of the Adoption Act, 1988 the applicants shall serve a copy of the summons on the relevant Health Board and thereupon the Health Board shall verify by affidavit its reasons for (as the case may be):

(i)  declining to apply to the Court, or

(ii)  failing to apply to the Court and failing to serve the notice required by section 3(1)(b)(i) of the Act.

Such affidavit shall be sworn by the Chief Executive Officer or by a Deputy Chief Executive Officer of the Board.

(3) In an application brought under subrule (1) or (2) above, the provisions of rule 24 relating to the steps to be taken by An Bord Uchtála shall apply mutatis mutandis to a Health Board in relation to the parents alleged to have failed in their duty to the child or children concerned.

26. (1) In an application to Court pursuant to section 6A or section 11(4) of the Guardianship of Infants Act, 1964 (as inserted by sections 12 and 13 of the Status of Children Act, 1987, respectively) where an infant is in the care of prospective adoptive parents under the Adoption Acts, 1952 and 1988, the following procedure shall be followed:

(i)  Upon the service of a summons on An Bord Uchtála, the Board shall take the following steps:

(a)  It shall cause the prospective adoptive parents to be informed of the following matters:

(i) the fact of the institution of the proceeding under section 6A or section 11(4) of the Guardianship of Infants Act, 1964 without revealing to such parents the name or identity of the applicant or of the natural mother;

(ii) the fact that such parents are entitled to be heard and represented upon the hearing of the summons.

(b) It shall ascertain from such parents the following information:

(i) whether they wish to be heard and to be represented at the hearing of such summons;

(ii) whether they have available to them advice and are in a position from their own resources to be represented by solicitor or solicitor and counsel at the hearing of such summons;

(iii) the address at which they may be informed of the proceedings and in particular of the date of any hearing at which they will be heard and represented.

(2) Upon the completion of the steps provided for in subrule (1) the Board shall apply by Motion on Notice to the father to the Courts for directions. Such application shall, in the first instance, be made on affidivit and such affidavits shall include an affidavit by the person who has actually spoken to and had communication with such parents. Such parents shall not be identified in the body of the affidavit but their names and addresses present and future shall be set out in a sealed envelope exhibited in such affidavit. Such exhibit shall be opened by the Judge only and unless by special direction of the Court the name, address and identity of such person shall not be revealed to any of the other parties in the suit.

(3) Upon the hearing of such motion for directions the Court may give such directions as it shall think fit for the trial of the action and in particular may:

(a)  provide, if necessary, for the representation of such parents and of the father and mother of the child;

(b)  fix a date for the hearing in camera of the evidence and submissions on behalf of the applicant and the natural mother in the absence of such parents but in the presence of the solicitor or solicitor and counsel representing such parents;

(c)  fix a separate date for the hearing in camera of the evidence and submissions by and on behalf of such parents in the absence of the applicant and the natural mother but in the presence of the solicitor or the solicitor and counsel for the applicant and the natural mother.

27. An application to Court pursuant to section 6A(3) of the Guardianship of Infants Act, 1964 (as inserted by section 12 of the Status of Children Act, 1987) shall be by Motion on Notice to the mother and not by summons and shall be entitled in a similar manner as in rule 2 and shall be grounded on the affidavit of the father seeking to be appointed guardian. Such affidavit shall afford proof of the paternity of the said infant and shall exhibit the written consent of the mother to the appointment of the father as guardian (such consent having been witnessed by a registered medical practitioner or a solicitor) and a true copy of the Birth Certificate of the Infant in respect of whom the father wishes to be appointed guardian. The Court may require such proof of paternity of an infant as it thinks fit.

28. The provision of Order 119 rules 2 and 3 shall not apply to any cause, action or proceeding under Order 70 or Order 70A.

SCHEDULE OF FORMS

FORM No. 1

THE HIGH COURT

FAMILY LAW

IN THE MATTER OF THE JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989 AND IN THE MATTER OF THE FAMILY LAW ACT, 1995

BETWEEN/

A.B.

Applicant

and

C.D.

Respondent

CERTIFICATE PURSUANT TO SECTION 5 OF THE JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989

I,                                                                                , the Solicitor acting for the above Applicant do hereby certify as follows:

1.  I have discussed with the Applicant the possibility of reconciliation with the Respondent and I have given the Applicant the names and addresses of persons qualified to help effect a reconciliation between spouses who have become estranged.

2.  I have discussed with the Applicant the possibility of engaging in mediation to help effect a separation on an agreed basis with the Respondent and I have given the Applicant the names and addresses of persons and organisations qualified to provide a mediation service.

3.  I have discussed with the Applicant the possibility of effecting a separation by the negotiation and conclusion of a Separation Deed or written Separation Agreement with the Respondent.

Dated the .............................................. day of ............................................................ ..........................., 19.........

Signed:............................................................ ............................................................ ............................................

Solicitor

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

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

FORM No. 2

THE HIGH COURT

FAMILY LAW

IN THE MATTER OF THE JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989 AND IN THE MATTER OF THE FAMILY LAW ACT, 1995

BETWEEN/

A.B.

Applicant

and

C.D.

Respondent

CERTIFICATE PURSUANT TO SECTION 6 OF THE JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989

I,                                                                                , the Solicitor acting for the above Respondent do hereby certify as follows:

1.  I have discussed with the Respondent the possibility of reconciliation with the Applicant and I have given the Respondent the names and addresses of persons qualified to help effect a reconciliation between spouses who have become estranged.

2.  I have discussed with the Respondent the possibility of engaging in mediation to help effect a separation on an agreed basis with the Applicant and I have given the Respondent the names and addresses of persons and organisations qualified to provide a mediation service.

3.  I have discussed with the Respondent the possibility of effecting a separation by the negotiation and conclusion of a Separation Deed or written Separation Agreement with the Applicant.

Dated the .............................................. day of ............................................................ ..............................., 19..........

Signed:............................................................ ............................................................ ..................................................

Solicitor

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

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

FORM No. 3

THE HIGH COURT

FAMILY LAW

IN THE MATTER OF THE FAMILY LAW (DIVORCE) ACT, 1996

BETWEEN/

A.B.

Applicant

and

C.D.

Respondent

CERTIFICATE PURSUANT TO SECTION 6 OF THE FAMILY LAW (DIVORCE) ACT, 1996.

I,                                                                                      , the Solicitor acting for the above Applicant do hereby certify as follows:

1.  I have discussed with the Applicant the possibility of reconciliation with the Respondent and I have given the Applicant the names and addresses of persons qualified to help effect a reconciliation between spouses who have become estranged.

[The following paragraphs to be inserted where appropriate].

2.  I have discussed with the Applicant the possibility of engaging in mediation to help effect a separation on an agreed basis (the spouses the parties hereto not being separated) or a divorce on the basis agreed between the Applicant with the Respondent and I have given the Applicant the names and addresses of persons and organisations qualified to provide a mediation service for spouses who have become estranged.

3.  I have discussed with the Applicant the possibility of effecting a separation by the negotiation and conclusion of a Separation Deed or written Separation Agreement with the Respondent.

4.  I have ensured that the Applicant is aware of judicial separation as an alternative to divorce, no decree of judicial separation in relation to the Applicant and the Respondent being in force.

Dated the .............................................. day of ............................................................ ..............................., 19..........

Signed:............................................................ ............................................................ ..................................................

Solicitor

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

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

FORM No. 4

THE HIGH COURT

FAMILY LAW

IN THE MATTER OF THE FAMILY LAW (DIVORCE) ACT, 1996

BETWEEN/

A.B.

Applicant

and

C.D.

Respondent

CERTIFICATE PURSUANT TO SECTION 7 OF THE FAMILY LAW (DIVORCE) ACT, 1996

I,                                                                                      , the Solicitor acting for the above Respondent do hereby certify as follows:

1.  I have discussed with the Respondent the possibility of reconciliation with the Applicant and I have given the Respondent the names and addresses of persons qualified to help effect a reconciliation between spouses who have become estranged.

[The following paragraphs to be inserted where appropriate].

2.  I have discussed with the Respondent the possibility of engaging in mediation to help effect a separation on an agreed basis (the spouses the parties hereto not being separated) or a divorce on the basis agreed between the Respondent with the Applicant and I have given the Respondent the names and addresses of persons and organisations qualified to provide a mediation service for spouses who have become estranged.

3.  I have discussed with the Respondent the possibility of effecting separation by the negotiation and conclusion of a Separation Deed or written Separation Agreement with the Applicant.

4.  I have ensured that the Respondent is aware of judicial separation as an alternative to divorce, no decree of judicial separation in relation to the Respondent and the Applicant being in force.

Dated the .............................................. day of ............................................................ ..............................., 19..........

Signed:............................................................ ............................................................ ..................................................

Solicitor

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

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

FORM No. 5

THE HIGH COURT

FAMILY LAW

[Insert as appropriate]

IN THE MATTER OF THE JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989

IN THE MATTER OF THE FAMILY LAW ACT, 1995

IN THE MATTER OF THE FAMILY LAW (DIVORCE) ACT, 1996

BETWEEN/

A.B.

Applicant

and

C.D.

Respondent

AFFIDAVIT OF MEANS

I,                                                                                                     ,      [insert occupation], of                                                                                                                                   , aged 18 years and upwards MAKE OATH and say as follows:--

1.  I say that I am the Applicant/Respondent [delete as appropriate] in the above entitled proceedings and I make this Affidavit from facts within my own knowledge save where otherwise appears and where so appearing I believe the same to be true.

2.  I say that I have set out in the First Schedule hereto all the assets to which I am legally or beneficially entitled and the manner in which such property is held.

3.  I say that I have set out in the Second Schedule hereto all income which I receive and the source(s) of such income.

4.  I say that I have set out in the Third Schedule hereto all my debts and/or liabilities and the persons to whom such debts and liabilities are due.

5.  I say that my weekly outgoings amount to the sum of £ and I say that the details of such outgoings have been set out in the Fourth Schedule hereto.

6.  I say that to the best of my knowledge, information and belief, all pension information known to me relevant to the within proceedings is set out in the Fifth Schedule hereto. [Where information has been obtained from the trustees of the pension scheme concerned under the Pensions Act, 1990, such information should be exhibited and where such information has not been obtained, the Deponent should depose to the reason(s) why such information has not been obtained].

FIRST SCHEDULE

[Here set out in numbered paragraphs all assets whether held in the Applicant/Respondent's sole name or jointly with another, whether held legally or beneficially, the manner in which the assets are held, whether they are subject to a mortgage or other charge or lien and such further and other details as are appropriate].

SECOND SCHEDULE

[Here set out in numbered paragraphs all income from whatever source(s)].

THIRD SCHEDULE

[Here set out in numbered paragraphs all debts and/or liabilities and the persons/institutions to which such debts and/or liabilities are due].

FOURTH SCHEDULE

[Here set out full details of weekly personal outings].

FIFTH SCHEDULE

[Here full details of nature of pension scheme, benefits payable thereunder, normal pensionable age and period of reckonable service should be listed to the best of the Deponent's knowledge, information and belief].

SWORN etc.

FORM No. 6

THE HIGH COURT

FAMILY LAW

[Insert as appropriate]

IN THE MATTER OF THE JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989

IN THE MATTER OF THE FAMILY LAW ACT, 1995

IN THE MATTER OF THE FAMILY LAW (DIVORCE) ACT, 1996

BETWEEN/

A.B.

Applicant

and

C.D.

Respondent

AFFIDAVIT OF WELFARE

I,                                                                                           ,      [insert occupation] of                                                                                                                              , aged 18 years and upwards MAKE OATH and say as follows:

1.  I say that I am the Applicant/Respondent [Delete as appropriate] in above entitled proceedings and I make this Affidavit from facts within my own knowledge save where otherwise appears and where so appearing I believe the same to be true.

2.  I say and believe that the facts set out in the Schedule hereto are true.

[In circumstances in which the Respondent does not dispute the facts deposed to by the Applicant in his/her Affidavit of Welfare, the following averment shall be included, replacing paragraph 2 hereof, and in such circumstances, the Schedule shall not be completed by the Respondent:

2.  I say that I am fully in agreement with the facts as averted to by the Applicant in his/her Affidavit of Welfare sworn herein on the            day of                                                             19                 and I say and believe that the facts set out in the Schedule hereto are true].

SCHEDULE

Part I -- Details of the children

1.  Details of children born to the Applicant and the Respondent or adopted by both the Applicant and the Respondent.

Forenames                      Surname                      Date of Birth                    

2.  Details of other children of the family or to which the parents or either of them are in loco parentis

Forenames                      Surname                      Date of Birth                    

Relationship to

Applicant/Respondent

Part II -- Arrangements for the children of the family

3.  Home details

(a)  The address or addresses at which the children now live.

(b)  Give details of the number of living rooms, bedrooms, etc., at the addresses in (a) above.

(c)  Is the house rented or owned and, if so, name the tenant(s) or owner(s).

(d)  Is the rent or mortgage being regularly paid and, if so, by whom?

(e)  Give the name of all other persons living with the children either on a full-time or part time basis and the state their relationship to the children, if any.

(f)  Will there be any change in these arrangements and, if so give details.

Part III -- Education and training details

(a)  Give the names of the school, college or place of training attended by each child.

(b)  Do the children have any special educational needs. If so, please specify.

(c)  Is the school, college or place of training fee-paying. If so, give details of how much the fees are per term/year. Are fees regularly paid and, if so, by whom?

(d)  Will there be any change in these circumstances? If so, give details.

Part IV -- Childcare details

(a)  Which parent looks after the children from day to day? If responsibility is shared, please give details.

(b)  Give details of work commitments of both parents.

(c)  Does someone look after the children when the parent is not there? If yes, give details.

(d)  Who looks after the children during school holidays?

(e)  Will there be any change in these arrangements? If yes, give details.

Part V -- Maintenance

(a)  Does the Applicant/Respondent pay towards the upkeep of the children? If yes, give details. Please specify any other source of maintenance.

(b)  Is the maintenance referred to at (a) above paid under court order? If yes, give details.

(c)  Has maintenance for the children been agreed? If yes, give details.

(d)  If not, will you be applying for a maintenance order from the Court?

Part VI -- Details of contact with the children

(a)  Do the children see the Applicant/Respondent? Please give details.

(b) Do the children stay overnight and/or have holiday visits with the Applicant/Respondent? Please give details.

(c)  Will there any change to these arrangements? Please give details.

Part VII -- Details of health

(a)  Are the children generally in good health? Please give details of any serious disability of chronic illness suffered by any of the children.

(b)  Do the children or any of them have any special health needs? Please give details of the care needed and how it is to be provided.

(c)  Are the Applicant or Respondent generally in good health? If not, please give details.

Part VIII -- Details of care and other court proceeedings

(a)  Are the children or any of them in the care of a health board or under the supervision of a social worker or probation officer? If so, please specify.

(b)  Are there or have there been any proceedings in any Court involving the children or any of them? If so, please specify. (All relevant court orders relating to the children or any of them should be annexed hereto).

Part IX -- Declaration

I,                                                                            , Applicant/Respondent delete as appropriate], declare that the information I have given herein is correct and complete to the best of my knowledge.

Signed: ............................................................ ............................................................ ...........................................

Applicant/Respondent

Witnessed: ............................................................ ............................................................ .....................................

Date: ............................................................ ..............................

Part X -- Agreement of Respondent (where applicable)

I,                                                                            , Respondent, declare that the information given by the Applicant herein is correct and complete to the best of my knowledge and I agree with the arrangements and proposals contained herein.

Signed: ............................................................ ............................................................ ...........................................

Respondent

Witnessed: ............................................................ ............................................................ .....................................

Date: ............................................................ ..............................

FORM No. 7

THE HIGH COURT

FAMILY LAW

[Insert as appropriate]

IN THE MATTER OF THE JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989

IN THE MATTER OF THE FAMILY LAW ACT, 1995

IN THE MATTER OF THE FAMILY LAW (DIVORCE) ACT, 1996

BETWEEN/

A.B.

Applicant

and

C.D.

Respondent

NOTICE TO TRUSTEES

TAKE NOTICE that relief has been claimed by the Applicant/Respondent in the above entitled proceedings pursuant to section(s) 12 and/or 13 of the Family Law Act, 1995 or section 17 of the Family Law (Divorce) Act, 1996 or section 8B of the Family Law (Maintenance of Spouses) Act, 1976 and in particular in relation to ............................................. [here insert details of pension in respect of which relief is claimed].

AND FURTHER TAKE NOTICE that any representations to be made to the Court pursuant to section 12(18) or section 13(2) of the 1995 Act or section 17(18) of the 1996 Act may be made by way of Affadavit of Representation to be filed and served on all parties herein within 28 days of the date of service of this Notice upon you.

Dated the                                          day of                                                              19                               .

Signed: ............................................................ ............................................................ ...........................................

Solicitors for the Applicant/Respondent

To: The County Registrar

and

To: The Trustees of the pension scheme concerned

and

To: Applicant/Respondent [or solicitors where appropriate]”

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These rules which come into operation on the 1st day of September 1997 provide for the substitution of a new Order 70A for the existing Order 70A to make provision in regard to family law proceedings (including divorce). These rules shall be construed together with the Rules of the Superior Courts 1986 to 1997 and may be cited as the Rules of the Superior Courts (No. 3), 1997.