Assisted Reproduction

Table of Contents

CHILDREN AND FAMILY RELATIONSHIPS ACT 2015

REVISED

Updated to 1 April 2021

An Act to provide for certain matters relating to donor-assisted human reproduction and the parentage of children born as a result of donor-assisted human reproduction procedures; to provide for the establishment and maintenance of a register to be known as the National Donor-Conceived Person Register; to amend and extend the law relating to the guardianship and custody of, and access to, children and for those purposes to amend the Guardianship of Infants Act 1964; to extend the category of persons who may be liable for the maintenance of children and for that purpose to amend the Family Law (Maintenance of Spouses and Children) Act 1976, and for that and other purposes to amend the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; to provide for the use in certain circumstances of DNA testing to determine parentage and for that and other purposes to amend the Status of Children Act 1987; to amend the Family Law Act 1995; to amend the category of persons who may adopt children and for that and other purposes to amend the Adoption Act 2010; to make consequential amendments to the Succession Act 1965, the Civil Registration Act 2004 and other enactments; and to provide for related matters.

[6 th April, 2015]

Be it enacted by the Oireachtas as follows:

Annotations

Editorial Notes:

E1
Act included in definition of “family law proceedings” (1.01.2018) by Mediation Act 2017 (27/2017), s. 2(1), S.I. No. 591 of 2017.

E2
Collectively cited Child Care Acts excluded from application of Mediation Act 2017 (1.01.2018) by Mediation Act 2017 (27/2017), s. 3(1)(i),S.I. No. 591 of 2017.

PART 1

Preliminary and General

Short title, collective citations and commencement

1. (1) This Act may be cited as the Children and Family Relationships Act 2015.

(2) Part 9 and the Civil Registration Acts 2004 to 2014 may be cited together as the Civil Registration Acts 2004 to 2015.

(3) Part 11 and the Adoption Acts 2010 to 2013 may be cited together as the Adoption Acts 2010 to 2015.

(4) Section 175 and the Child Care Acts 1991 to 2013 may be cited together as the Child Care Acts 1991 to 2015.

(5) This Act, subject to subsections (6) to (9), shall come into operation on the day or days that the Minister may appoint by order or orders either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(6) Parts 2 and 3 shall come into operation on the day or days that the Minister for Health may appoint by order or orders either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.

F1[(7) Part 9 shall come into operation 54 months from enactment or on such earlier day or days as the Minister may, after consulting with the Minister for Employment Affairs and Social Protection, appoint by order or orders either generally or with reference to any particular purpose or provision of that Part and different days may be so appointed for different purposes or different provisions.]

(8) Part 10 shall come into operation on the day or days that the Minister for Foreign Affairs and Trade may appoint by order or orders either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(9) Part 11 shall come into operation on the day or days that the Minister for Children and Youth Affairs may appoint by order or orders either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.

Annotations

Amendments:

F1
Substituted (23.05.2019) by Civil Registration Act 2019 (13/2019), s. 12, commenced on enactment.

Editorial Notes:

E3
A table of provisions and commencement dates is available at http://www.irishstatutebook.ie/eli/isbc/2015_9.html#commencement.

E4
Power pursuant to subs. (5) exercised (4.05.2020) by Children and Family Relationships Act 2015 (Commencement of Certain Provisions) Order 2019 (S.I. No. 624 of 2019), art. 2.

2. The 4th day of May 2020 is appointed as the day on which the following provisions of the Children and Family Relationships Act 2015 (No. 9 of 2015) shall come into operation:

(a) Part 4, insofar as it is not already in operation;

(b) Part 5, insofar as it is not already in operation;

(d) Part 7, insofar as it is not already in operation;

(e) Part 12, insofar as it is not already in operation;

(f) section 176.

E5
Power pursuant to subs. (6) exercised (4.05.2020) by Children and Family Relationships Act 2015 (Parts 2 and 3) (Commencement) Order 2019 (S.I. No. 541 of 2019), art. 2.

2. The 4th day of May 2020 is appointed as the day on which Parts 2 and 3 of the Children and Family Relationships Act 2015(No. 9 of 2015) shall come into operation.

E6
Power pursuant to subs. (5) exercised (31.07.2017) by Children and Family Relationships Act 2015 (Commencement) Order 2017 (S.I. No. 355 of 2017).

3. The 31st day of July 2017 is appointed as the day on which paragraph (c) of section 47 of the Act of 2015, other than insofar as section 6(4) of the Act of 1964, amended by that paragraph, relates to section 6(1A) of the Act of 1964, shall come into operation.

E7
Power pursuant to subs. (5) exercised (18.01.2016) by Children and Family Relationships Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 12 of 2016).

2. In this Order—

“Act of 1964” means the Guardianship of Infants Act 1964 (No. 7 of 1964);

“Act of 1987” means the Status of Children Act 1987 (No. 26 of 1987);

“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010).

3. The 18th day of January 2016 is appointed as the day on which the following provisions of the Children and Family Relationships Act 2015 (No. 9 of 2015) shall come into operation:

(a) Part 1;

(b) Part 4, other than—

(i) section 43(a)(iii),

(ii) section 43(a)(iv), insofar as that section inserts the following definitions in section 2 of the Act of 1964—

(I) “Act of 2015”, and

(II) “donor-conceived child”,

(iii) section 47,

(iv) section 49, insofar as—

(I) that section inserts section 6B in the Act of 1964, and

(II) section 6F of the Act of 1964, inserted by that section, relates to section 6B(3) of the Act of 1964, and

(v) section 51, insofar as section 8 of the Act of 1964, amended by that section, relates to section 6B of the Act of 1964;

(d) Part 6, other than—

(i) section 72(a),

(ii) section 75, and

(iii) section 77;

(e) Part 7, other than—

(i) section 79, insofar as that section inserts the following definitions in section 33 of the Act of 1987—

(I) “Act of 2015”,

(II) “donor-conceived child”,

(III) “parent”, and

(IV) “second parent”,

(ii) section 80, insofar as the following provisions of section 35 of the Act of 1987, amended by that section, relate to a “second parent”—

(I) subsection (1)(b),

(II) subsections (1A) and (1B), and

(III) subsection (8), and

(iii) section 81, insofar as that section inserts the following definitions in section 37 of the Act of 1987—

(I) “Act of 2015”,

(II) “DAHR procedure”,

(III) “donor-conceived child”, and

(IV) “parent”;

(f) Part 8;

(g) section 135, other than insofar as paragraph (a) of the definition of “dependent child of the civil partners” inserted by that section in section 2 of the Act of 2010 relates to a dependent child of both civil partners or adopted by both civil partners under the Adoption Act 2010;

(h) sections 136 to 150;

(i) sections 152 to 172;

(j) Part 13, other than sections 176 and 177.

E8
Power pursuant to subs. (8) exercised (1.07.2015) by Children and Family Relationships Act 2015 (Part 10) (Commencement) Order 2015 (S.I. No. 263 of 2015).

2. The 1st day of July 2015 is appointed as the day on which Part 10 of the Children and Family Relationships Act 2015 (No. 9 of 2015) shall come into operation.

Interpretation

2. In this Act—

“Act of 1964” means the Guardianship of Infants Act 1964;

“Act of 1965” means the Succession Act 1965;

“Act of 1976” means the Family Law (Maintenance of Spouses and Children) Act 1976;

“Act of 1987” means the Status of Children Act 1987;

“Act of 1995” means the Family Law Act 1995;

“Act of 2004” means the Civil Registration Act 2004;

“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

“Minister”, other than in Parts 2 and 3, means the Minister for Justice and Equality.

Expenses

3. The expenses incurred by the Minister or any other Minister of the Government in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

PART 2

Parentage in Cases of Donor-Assisted Human Reproduction

Interpretation (Parts 2 and 3)

4. In this Part and Part 3 —

“birth certificate” means a document issued under section 13(4) of the Act of 2004 in respect of an entry in the register of births;

“civil partner” shall be construed in accordance with section 3 of the Act of 2010;

“cohabitant” shall be construed in accordance with section 172(1) of the Act of 2010;

“DAHR facility” means a place at which a DAHR procedure is performed;

“DAHR procedure” means a donor-assisted human reproduction procedure, being any procedure performed in the State with the objective of it resulting in the implantation of an embryo in the womb of the woman on whose request the procedure is performed, where—

(a) one of the gametes from which the embryo has been or will be formed has been provided by a donor,

(b) each gamete from which the embryo has been or will be formed has been provided by a donor, or

“donation facility” means a place at which a person provides and donates his or her gamete, and includes a DAHR facility;

“donor”—

(a) in relation to a gamete, means—

(i) a person who has consented, under section 6 or in the manner referred to in section 26(1)(b)(ii), to the use in a DAHR procedure of a gamete provided by him or her, or

(ii) the donor of a gamete to which F2[section 26(5)] applies,

and includes a donor of a gamete that is used in the formation of an embryo that is used in a further DAHR procedure, and

(b) in relation to an embryo, means—

(i) a person who has consented under section 14 or 16 or in the manner referred to in section 26(2)(b)(ii), to the use of the embryo in a DAHR procedure or a further DAHR procedure, or

(ii) the donor of an embryo to which section 26(6) applies;

“donor-conceived child” means—

(a) a child born in the State, after the commencement of this section, as a result of a DAHR procedure, or

(b) other than in sections 33 to 39, a child in respect of whom a person has been declared under section 21 or 22 to be his or her parent;

“embryo” means a human embryo formed by the fertilisation of a human egg by a human sperm;

“enactment” means a statute or an instrument made under a power conferred by statute;

“further DAHR procedure” has the meaning it has in section 16;

“gamete” means—

(a) a human sperm, which is formed in the body of and provided by a man, or

(b) a human egg, which is formed in the body of and provided by a woman;

“intending mother” means, in relation to a DAHR procedure, a woman who requests the performance of the procedure for the purpose of her becoming the mother of a child born as a result of the procedure;

“intending parent” means, in relation to a DAHR procedure, a person who intends to be the parent, under section 5, of a child born as a result of the procedure, and includes an intending mother;

“Minister” means the Minister for Health;

“mother” means, in relation to a child, the woman who gives birth to the child;

“operator” means, in relation to a DAHR facility, the person who owns or manages the facility or is otherwise responsible for the running of the facility;

“prescribed” means prescribed by regulations under section 41;

“Register” means the register established under section 33;

“registered medical practitioner” means a person who is a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007;

F3[“registered midwife” means a person whose name is entered for the time being in the midwives division of the register of nurses and midwives established under section 46 of the Nurses and Midwives Act 2011;]

“registered nurse” means a person whose name is entered for the time being in the nurses division of the register of nurses and midwives established under section 46 of the Nurses and Midwives Act 2011;

“relevant donor” means, in relation to a donor-conceived child—

(a) subject to paragraph (b), the donor of a gamete that was used in the DAHR procedure that resulted in the birth of the donor-conceived child, and

(b) in the case of a donor-conceived child who is born as a result of a DAHR procedure or a further DAHR procedure in which a donated embryo was used—

(i) a donor of the embryo who provided a gamete that was used in the formation of the embryo, and

(ii) where applicable, the donor of a gamete that was used in the formation of the embryo.

Annotations

Amendments:

F2
Substituted (4.05.2020) by Children and Family Relationships (Amendment) Act 2018 (20/2018), s. 2, S.I. No. 542 of 2019.

F3
Inserted (24.03.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 188(a), S.I. No. 120 of 2021.

Parentage of child born as a result of DAHR procedure

5. (1) The parents of a donor-conceived child who is born as a result of a DAHR procedure to which subsection (8) applies are—

(a) the mother, and

(b) the F4[spouse], civil partner or cohabitant, as the case may be, of the mother.

(2) Where a donor-conceived child is born as a result of a DAHR procedure, other than a DAHR procedure to which subsection (8) applies, the mother alone shall be the parent of that child.

(3) Where a person is, under subsection (1) or (2), the parent of a child, he or she shall have all parental rights and duties in respect of the child.

(4) In deducing any relationship for the purposes of any enactment, the relationship between every donor-conceived child and his or her parent or parents shall be determined in accordance with this section and all other relationships shall be determined accordingly.

(5) A donor of a gamete that is used in a DAHR procedure—

(a) is not the parent of a child born as a result of that procedure, and

(b) has no parental rights or duties in respect of the child.

(6) A donor of an embryo that is used in a DAHR procedure—

(a) is not the parent of a child born as a result of that procedure, and

(b) has no parental rights or duties in respect of the child.

(7) On and after the coming into operation of this section, a reference in any enactment to—

(a) a mother or parent of a child shall be construed as not including a woman who is the donor of a gamete or embryo that was used in a DAHR procedure that resulted in the birth of the child, and

(b) a father or parent of a child shall be construed as not including a man who is the donor of a gamete or embryo that was used in a DAHR procedure that resulted in the birth of the child.

(8) This subsection applies to a DAHR procedure in relation to which—

(a) the intending mother has consented under section 9 to the parentage under subsection (1) of the child born as a result of the procedure, where her declaration under section 9(1)(c) includes a statement referred to in section 9(3)(d) in respect of her F4[spouse], civil partner or cohabitant, as the case may be, and

(b) the F4[spouse], civil partner or cohabitant of the intending mother referred to in paragraph (a) has consented under section 11 to the parentage under subsection (1) of the child referred to in that paragraph.

Annotations

Amendments:

F4
Substituted (16.11.2015) by Marriage Act 2015 (35/2015), s. 23(a), S.I. No. 504 of 2015.

Consent to use of gamete in DAHR procedure

6. (1) A person consents under this section to the use in a DAHR procedure of a gamete provided by him or her where he or she—

(a) has attained the age of 18 years,

(b) has received the information referred to in section 7, and

(2) A declaration under subsection (1)(c) shall be made before the donation is made, and shall be in writing, dated, and signed by the person in the presence of a person authorised in that behalf by the operator of the donation facility where the gamete is provided.

(3) A declaration under subsection (1)(c) shall be in such form as may be prescribed and shall include the following statements:

(a) that the person has received the information referred to in section 7;

(b) subject to subsection (4), that the person consents to the use in a DAHR procedure of the gamete provided by him or her;

(c) that, in the event that the gamete is used in a procedure referred to in paragraph (b), the person consents to the provision to the Minister of the information referred to in section 28(3)(a) in respect of him or her;

(d) that the person is aware that he or she shall not be the parent of any child born as a result of a procedure referred to in paragraph (b);

(e) that, in the event that a child is born as a result of a procedure referred to in paragraph (b), the person—

(i) consents to the recording on the Register of the information specified in section 33(3)(d) in respect of the person, and

(ii) understands that the child may, in accordance with section 35, access the information referred to in sub paragraph (i) and seek to contact him or her.

(4) In making a statement referred to in subsection (3)(b), a person may state that his or her consent is restricted to the use of the gamete in a DAHR procedure performed on the request of—

(a) the intending mother specified in the statement, where the DAHR procedure concerned is one to which section 25(3)(b)(i) applies, or

(b) the intending parents specified in the statement, where the DAHR procedure concerned is one to which section 25(3)(b)(ii) applies.

(5) A person’s consent under this section to the use of his or her gamete in a DAHR procedure may not be restricted other than as provided for in subsection (4).

Information to be provided for purposes of section 6

7. The operator of a donation facility shall, before a person makes a declaration under section 6(1)(c), inform him or her—

(a) that, in the event that he or she consents under section 6 to the use in a DAHR procedure of a gamete provided by him or her—

(i) he or she is entitled to seek the information referred to in section 34(2), and

(ii) where such a DAHR procedure is performed, he or she consents to the provision to the Minister of the information referred to in section 28(3)(a) in respect of him or her,

(b) that, in the event that a child is born as a result of the procedure referred to in paragraph (a)—

(i) he or she shall not be the parent of that child,

(ii) the information specified in section 33(3)(d) in relation to him or her shall be recorded on the Register,

(iii) the child may, in accordance with section 35, access the information referred to in subparagraph (ii) and seek to contact him or her,

(iv) the person’s entitlement to obtain information recorded on the Register is subject to section 36 and is otherwise restricted to the information referred to in section 34(2), and

(v) having regard to the child’s right to his or her identity, it is desirable that he or she keep updated, in accordance with section 38(1), the information in relation to him or her that is recorded on the Register,

and

(c) of his or her right under section 8, in the event that he or she consents under section 6 to the use of his or her gamete in a DAHR procedure, to revoke that consent.

Revocation of consent given under section 6

8. (1) Subject to this section, a donor of a gamete may, by notice in writing to the operator of the donation facility to which his or her declaration under section 6(1)(c) was made, revoke his or her consent under that section.

(2) A revocation of consent under subsection (1) shall have no effect in respect of a gamete to which the consent relates that has been used at a DAHR facility in the formation of an embryo before the date on which the notice under that subsection is received by the operator of the DAHR facility concerned.

Consent of intending mother

9. (1) An intending mother consents under this section to the parentage, under subsection (1) or (2), as the case may be, of section 5 of a child born to her as a result of a DAHR procedure where, before that procedure is performed, she—

(a) has attained the age of 21 years,

(b) has received the information referred to in section 13, and

(2) A declaration under subsection (1)(c) shall be made before the DAHR procedure is performed and shall be in writing, dated, and signed by the intending mother in the presence of a person authorised in that behalf by the operator of the DAHR facility where the DAHR procedure is to be performed.

(3) A declaration under subsection (1)(c) shall be in such form as may be prescribed and shall include the following statements:

(a) that the intending mother has received the information referred to in section 13;

(b) that, in the event that a DAHR procedure is performed, the intending mother—

(i) consents to the provision to the Minister of the information referred to in section 28(3)(b) in respect of her, and

(ii) agrees to comply with her obligations under section 27;

(i) the donor of a gamete or embryo used in the DAHR procedure shall not be the parent of any child born as a result of that procedure, and

(ii) she shall be the mother of such a child;

(d) where applicable, that the intending mother consents to her F5[spouse], civil partner or cohabitant, as the case may be, being the parent under section 5(1)(b) of any child born as a result of the DAHR procedure;

(e) that, in the event that a child is born as a result of the DAHR procedure, the intending mother—

(i) consents to the recording on the Register of the information specified in section 33(3)(c) in respect of her,

(ii) consents to the recording on the Register of the information specified in paragraphs (a) and (b) of section 33(3) in respect of the child, and

(iii) understands that the child may, in accordance with section 35, access the information specified in section 33(3)(d) in respect of a person who is, in relation to the child, a relevant donor and seek to contact him or her.

Annotations

Amendments:

F5
Substituted (16.11.2015) by Marriage Act 2015 (35/2015), s. 23(b), S.I. No. 504 of 2015.

Revocation of consent given under section 9

10. (1) Subject to this section, an intending mother may, by notice in writing to the operator of the DAHR facility to which her declaration under section 9(1)(c) was made, revoke her consent under that section.

(2) A revocation of consent under subsection (1) shall have no effect in respect of a DAHR procedure to which the consent relates that has been performed before the notice under that subsection is received by the operator of the DAHR facility at which the procedure was performed.

Consent of husband, civil partner or cohabitant of intending mother

11. (1) A person, being the F6[spouse], civil partner or cohabitant of the intending mother concerned, consents under this section to be the parent, under section 5(1)(b), of a child born as a result of a DAHR procedure where, before that procedure is performed—

(a) the person has attained the age of 21 years,

(b) the intending mother has consented under section 9 to a DAHR procedure, and her declaration under section 9(1)(c) includes a statement referred to in section 9(3)(d) in respect of the person,

(d) the person makes a declaration in accordance with subsections (2) and (3).

(2) A declaration under subsection (1)(d) shall be made before the DAHR procedure is performed and shall be in writing, dated, and signed by the person in the presence of a person authorised in that behalf by the operator of the DAHR facility where the DAHR procedure is to be performed.

(3) A declaration under subsection (1)(d) shall be in such form as may be prescribed and shall include the following statements:

(a) that the person is the F6[spouse], civil partner or cohabitant, as the case may be, of the intending mother;

(b) that the person has received the information referred to in section 13;

(i) consents to the provision to the Minister of the information referred to in section 28(3)(b) in respect of him or her, and

(ii) agrees to comply with his or her obligations under section 27;

(d) that the person is aware that—

(i) the donor of a gamete or embryo used in the DAHR procedure shall not be the parent of any child born as a result of that procedure, and

(ii) by consenting in accordance with this section, he or she shall, under this Act, together with the mother of the child, be the parent of such a child;

(e) that, in the event that a child is born as a result of the DAHR procedure, the person—

(i) consents to the recording on the Register of the information specified in section 33(3)(c) in respect of him or her,

(ii) consents to the recording on the Register of the information specified in paragraphs (a) and (b) of section 33(3) in respect of the child, and

Annotations

Amendments:

F6
Substituted (16.11.2015) by Marriage Act 2015 (35/2015), s. 23(c), S.I. No. 504 of 2015.

Revocation of consent given under section 11

12. (1) Subject to this section, a person may, by notice in writing to the operator of the DAHR facility to which his or her declaration under section 11(1)(d) was made, revoke his or her consent under that section.

Information to be provided for purposes of sections 9 and 11

13. The operator of a DAHR facility shall, before a person makes a declaration under section 9(1)(c) or section 11(1)(d), inform him or her—

(a) that, in the event that a DAHR procedure is performed, the information referred to in section 28(3)(b) in respect of him or her shall be provided to the Minister,

(b) that, in the event that he or she consents in accordance with section 9 or 11, as the case may be, and a child is born as a result of the DAHR procedure—

(i) he or she shall be the parent of the child,

(ii) the donor of a gamete or embryo used in the DAHR procedure shall not be the parent of the child,

(iii) the information specified in section 33(3) in respect of the intending parent or parents, the child and a person who is, in relation to the child, a relevant donor, shall be recorded on the Register,

(iv) the child may, in accordance with section 35, access the information specified in section 33(3)(d) in respect of the donor referred to in subparagraph (iii) and seek to contact him or her, and

(v) his or her entitlement to obtain information from the Register shall be restricted to the information referred to in section 34(1),

(c) of his or her obligation under section 27 to provide the information specified in that section to the DAHR facility concerned, and

(d) of his or her right under section 10 or 12, as the case may be, in the event that he or she consents under section 9 or 11, to revoke that consent.

Consent to use of embryo in DAHR procedure

14. (1) Where—

(a) an embryo is formed for the purposes of an assisted human reproduction procedure, and

(b) the woman and man on whose request the assisted human reproduction procedure is to be performed do not wish for the embryo to be used in such a procedure,

the woman and man may consent, under this section, to the use of the embryo in a DAHR procedure.

(2) Subject to subsection (3), the woman and man referred to in subsection (1) may consent under this section to the use of the embryo in a DAHR procedure in respect of which neither of them is an intending parent.

(3) An embryo referred to in subsection (2) may be used in a DAHR procedure to which that subsection applies only where both the woman and the man concerned have consented under that subsection.

(4) A man to whom subsection (1) applies may consent under this section to the use of the embryo in a DAHR procedure in respect of which—

(a) the woman to whom subsection (1) applies is the intending mother, and

(b) he is not an intending parent.

(5) A person consents under this section to the use of an embryo in a DAHR procedure where he or she—

(a) receives the information referred to in section 15, and

(b) makes a declaration in accordance with subsections (6) and (7).

(6) A declaration under subsection (5)(b) shall be made before the donation is made and shall be in writing, dated, and signed by the person in the presence of a person authorised in that behalf by the operator of a DAHR facility.

(7) A declaration under subsection (5)(b) F7[shall be in such form as may be prescribed and] shall include the following statements:

(a) that the person has received the information referred to in section 15;

(b) subject to subsection (8), that the person consents to the use in a DAHR procedure of the embryo;

(d) that, in the event that the embryo is used in a DAHR procedure, the person consents to the provision to the Minister of the information referred to in section 28(3)(a) in respect of him or her;

(e) that, in the event that a child is born as a result of a DAHR procedure, the person—

(i) consents to the recording in the Register of the information specified in section 33(3)(d) in respect of him or her, and

(ii) understands that the child may, in accordance with section 35, access the information referred to in sub paragraph (i), and seek to contact him or her.

(8) In making a statement referred to in subsection (7)(b), a person may state that his or her consent is restricted to the use of the embryo in a DAHR procedure performed on the request of—

(a) an intending mother specified in the statement, where the DAHR procedure concerned is one to which section 25(3)(b)(i) applies, or

(b) the intending parents specified in the statement, where the DAHR procedure concerned is one to which section 25(3)(b)(ii) applies.

(9) A person’s consent under this section to the use of an embryo in a DAHR procedure may not be restricted other than as provided for in subsection (8).

(10) In this section, “assisted human reproduction procedure” means a procedure performed with the objective of it resulting in the implantation of an embryo in the womb of the woman on whose request the procedure is performed, where—

(a) the embryo has been or will be formed from a gamete provided by the woman and a gamete provided by a man, and

(b) the procedure is performed for the purpose of the woman and the man becoming the parents of a child born as a result of the procedure.

Annotations

Amendments:

F7
Inserted (4.05.2020) by Children and Family Relationships (Amendment) Act 2018 (20/2018), s. 3, S.I. No. 542 of 2019.

Information to be provided for purposes of section 14

15. The operator of a DAHR facility shall, before a person makes a declaration under section 14(5)(b), inform him or her—

(a) that, in the event that he or she consents under section 14 to the use of the embryo in a DAHR procedure—

(i) he or she is entitled to seek the information referred to in section 34(2), and

(ii) where such a DAHR procedure is performed, he or she consents to the provision to the Minister of the information referred to in section 28(3)(a) in respect of him or her,

(b) that, in the event that a child is born as a result of the DAHR procedure referred to in paragraph (a) —

(i) he or she shall not be the parent of that child,

(ii) the information specified in section 33(3)(d) in relation to him or her shall be recorded on the Register,

(iii) the child may, in accordance with section 35, access the information specified in section 33(3)(d) in respect of him or her and seek to contact him or her,

(iv) the person’s entitlement to obtain information recorded on the Register is subject to section 36 and is otherwise restricted to the information referred to in section 34(2), and

and

(c) of his or her right under section 18, in the event that he or she consents under section 14 to the use of the embryo in a DAHR procedure, to revoke that consent.

Consent to use of embryo in further DAHR procedure

16. (1) Where—

(a) an embryo is formed for the purposes of a DAHR procedure, and

(b) (i) in the case of a DAHR procedure to which section 25(3)(b)(ii) applies, the intending parents do not wish for the embryo to be used in a DAHR procedure in respect of which they are the intending parents, or

(ii) in the case of a DAHR procedure to which section 25(3)(b)(i) applies, the intending mother does not wish for the embryo to be used in a DAHR procedure in respect of which she is the intending mother,

a person referred to in paragraph (b) may consent, under this section, to the use of the embryo in a further DAHR procedure.

(2) Subject to subsection (3), each intending parent referred to in subsection (1)(b)(i) may consent under this section to the use of the embryo in a DAHR procedure in respect of which neither of them is an intending parent.

(3) An embryo referred to in subsection (2) may be used in a further DAHR procedure to which that subsection applies only where each intending parent has consented under that subsection.

(4) An intending parent to whom subsection (1)(b)(i) applies, who is not the intending mother, may consent under this section to the use of the embryo in a DAHR procedure in respect of which—

(a) the intending mother is the intending mother, and

(b) he or she is not an intending parent.

(5) A person consents under this section to the use of an embryo in a further DAHR procedure where he or she—

(a) receives the information referred to in section 17, and

(b) makes a declaration in accordance with subsections (6) and (7).

(7) A declaration under subsection (5)(b) F8[shall be in such form as may be prescribed and] shall include the following statements:

(a) that the person has received the information referred to in section 17;

(b) subject to subsection (8), that the person consents to the use in a further DAHR procedure of the embryo;

(c) that the person is aware that he or she shall not be the parent of any child born as a result of a further DAHR procedure;

(d) where the embryo was formed from a gamete provided by the person—

(i) that, in the event that the embryo is used in a further DAHR procedure, the person consents to the provision to the Minister of the information referred to in section 28(3)(a) in respect of him or her, and

(ii) that, in the event that a child is born as a result of a further DAHR procedure, the person—

(I) consents to the recording in the Register of the information specified in section 33(3)(d) in respect of him or her, and

(II) understands that the child may, in accordance with section 35, access the information referred to in clause (I), and seek to contact him or her.

(8) In making a statement referred to in subsection (7)(b), a person may state that his or her consent is restricted to the use of the embryo in a further DAHR procedure performed on the request of—

(a) an intending mother specified in the statement, where the further DAHR procedure concerned is one to which section 25(3)(b)(i) applies, or

(b) the intending parents specified in the statement, where the further DAHR procedure concerned is one to which section 25(3)(b)(ii) applies.

(9) A person’s consent under this section to the use of an embryo in a further DAHR procedure may not be restricted other than as provided for in subsection (8).

(10) In this section “further DAHR procedure”, means a DAHR procedure to which subsection (2) or (4) applies.

Annotations

Amendments:

F8
Inserted (4.05.2020) by Children and Family Relationships (Amendment) Act 2018 (20/2018), s. 4, S.I. No. 542 of 2019.

Information to be provided for purposes of section 16

17. (1) The operator of a DAHR facility shall, before a person makes a declaration under section 16(5)(b), inform him or her—

(a) that, in the event that he or she consents under section 16 to the use of the embryo in a further DAHR procedure, and a child is born as a result of that procedure, he or she shall not be the parent of the child,

(b) of his or her right under section 18, in the event that he or she consents under section 16 to the use of the embryo in a further DAHR procedure, to revoke that consent, and

(2) Where a person referred to in subsection (1) has provided a gamete that was used in the formation of the embryo concerned, the facility referred to in that subsection shall, in addition, inform the person that—

(a) in the event that he or she consents under section 16 to the use of the embryo in a further DAHR procedure—

(i) he or she is entitled to seek the information referred to in section 34(2), and

(ii) where such a further DAHR procedure is performed, he or she consents to the provision to the Minister of the information referred to in section 28(3)(a) in respect of him or her,

and

(b) in the event that a child is born as a result of the further DAHR procedure—

(i) the information specified in section 33(3)(d) in relation to him or her shall be recorded on the Register,

(ii) the child may, in accordance with section 35, access the information specified in section 33(3)(d) in respect of him or her and seek to contact him or her,

(iii) the person’s entitlement to obtain information recorded on the Register is subject to section 36 and is otherwise restricted to the information referred to in section 34(2), and

(iv) having regard to the child’s right to his or her identity it is desirable that he or she keep updated, in accordance with section 38(1), the information in relation to him or her that is recorded on the Register.

Revocation of consent given under section 14 or 16

18. (1) Subject to subsection (2), a donor under section 14 or 16 of an embryo may, by notice in writing to the operator of the DAHR facility to which his or her declaration under section 14(5)(b) or section 16(5)(b), as the case may be, was made, revoke his or her consent under the relevant section.

(2) A revocation of consent under subsection (1) shall have no effect in respect of a DAHR procedure or, as the case may be, a further DAHR procedure to which the consent relates that has been performed before the notice under that subsection is received by the operator of the DAHR facility at which the procedure is performed.

Payment of reasonable expenses

19. (1) The consent of a donor under section 6 shall not be valid where it is given in exchange for financial compensation in excess of the reasonable expenses associated with the provision of the gamete concerned or the giving of consent under that section.

(2) The consent of a donor under section 14 or 16 shall not be valid where it is given in exchange for financial compensation in excess of the reasonable expenses specified in subsection (3)(a) or (c) associated with the giving of consent under that section.

(3) In this section, “reasonable expenses” means, in relation to a donor, the donor’s—

(a) travel costs,

(b) medical expenses, and

incurred by him or her in relation to the provision of the gamete or, as the case may be, the giving of consent under this Part.

Child to whom this section applies

20. (1) This section applies to a child where—

(a) the child was born in the State,

(b) the child was born as a result of a DAHR procedure that was performed before the date on which this section comes into operation that—

(i) was performed in the State, or

(ii) was performed outside the State, where the person who performed the procedure was authorised to do so under the law of the place where the procedure was performed,

(c) at the time when the DAHR procedure referred to in paragraph (b) was performed, a person was an intending parent of the child and was the only intending parent of the child,

(d) at the time referred to in paragraph (c) the person, other than the mother of the child, who provided a gamete that was used in the DAHR procedure—

(i) was unknown to the mother of the child and the person referred to in paragraph (c), and

(ii) was not an intending parent of the child,

(e) at the time of an application under section 21 or 22, as the case may be, the person referred to in paragraph (d) remains unknown to the mother of the child and the person referred to in paragraph (c), and

(f) the mother of the child is recorded as the mother of the child in a register of births and no person, or no person other than the person referred to in paragraph (c), is recorded in that register as the child’s father or parent.

(2) In this section and sections 21 to 23 —

“DAHR procedure” includes a DAHR procedure that is performed outside the State;

“intending parent” means, in relation to a child who is born as a result of a DAHR procedure, a person, other than the intending mother of the child who, at the time the DAHR procedure is performed, was aware of the performance of the procedure and undertook to care for, and exercise responsibilities towards, any child born as a result of the procedure, as if he or she were the parent of the child;

“register of births”, means a register of births maintained by An tArd-Chláraitheoir under section 13(1)(a) of the Civil Registration Act 2004, as amended, or under the repealed enactments (within the meaning of that Act).

Declaration by District Court of parentage of child to whom section 20 applies

21. (1) The persons specified in subsection (2) may jointly apply to the District Court in such manner as may be prescribed by rules of court for a declaration under this section that the person referred to in subsection (2)(b) is the parent of a child to whom section 20 applies.

(2) An application for a declaration under this section may be made, in relation to a child to whom section 20 applies, by—

(a) the mother of the child, and

(b) the person, referred to in section 20(1)(c), who was an intending parent of the child.

(3) The child to whom an application for a declaration under this section relates shall be joined as a party to the proceedings.

(4) An application under this section shall be grounded on an affidavit sworn by each applicant, stating that—

(a) the child to whom the application relates is a child to whom section 20 applies,

(b) the applicant referred to in subsection (2)(b) was, at the time referred to in section 20(1)(c), the intending parent of the child, and

(5) On an application under this section the Court may, at any stage of the proceedings, of its own motion or on the application of any party to the proceedings, direct that all necessary papers in the matter be sent to the Attorney General.

(6) Where on an application under this section the Attorney General requests to be made a party to the proceedings, the Court shall order that he or she shall be added as a party, and, whether or not he or she so requests, the Attorney General may argue before the Court any question in relation to the application which the Court considers necessary to have fully argued and take such other steps in relation thereto as he or she thinks necessary or expedient.

(7) The Court may direct that notice of any application under this section shall be given to such other persons as the Court thinks fit and where notice is so given to any person the Court may, either of its own motion or on the application of that person or any party to the proceedings, order that that person shall be added as a party to those proceedings.

(8) In deciding whether or not to make a declaration under this section the Court shall, to the extent possible given his or her age or understanding, give the child the opportunity to make his or her views on the matter known, and shall have regard to those views.

(9) Where on an application under this section, the Court is satisfied that—

(a) the child is a child to whom section 20 applies, and

(b) where the child has not attained the age of 18 years, it is in the best interests of the child to make the declaration,

it shall make a declaration that the applicant referred to in subsection (2)(b) is a parent of the child.

(10) Any declaration made under this section shall be binding on the parties to the proceedings and any person claiming through a party to the proceedings, and where the Attorney General is made a party to the proceedings the declaration shall also be binding on the State.

Annotations

Editorial Notes:

E9
Power pursuant to section exercised (22.10.2020) by District Court (Donor-Assisted Human Reproduction) Rules 2020 (S.I. No. 434 of 2020), in effect as per rule 1(1).

E10
Power pursuant to section exercised (18.01.2016) by District Court (Children and Family Relationships Act 2015) Rules 2016 (S.I. No. 17 of 2016), in effect as per rule 1(1).

Declaration by Circuit Court of parentage of child to whom section 20 applies

22. (1) The persons specified in subsection (2) may apply to the Circuit Court for a declaration under this section that a person named in the application (in this section referred to as a “relevant person”) is the parent of a child to whom section 20 applies.

(2) An application for a declaration under this section may be made, in relation to a child to whom section 20 applies, by—

(a) the child,

(b) the mother of the child, or

(3) The child to whom an application for a declaration under this section relates shall be joined as a party to the proceedings.

(4) Subsections (5) to (8) of section 21 apply, with all necessary modifications, to an application under this section as they apply to an application under that section.

(5) An application under this section shall be accompanied by evidence that—

(a) the child concerned is a child to whom section 20 applies, and

(b) the relevant person was, at the time referred to in section 20(1)(c), an intending parent of the child concerned.

(6) Subject to subsection (7), where on an application under this section it is proved on the balance of probabilities that—

(a) the child concerned is a child to whom section 20 applies, and

(b) the relevant person was, at the time referred to in section 20(1)(c), an intending parent of the child concerned,

the Circuit Court shall make a declaration that the relevant person is a parent of the child.

(7) The Circuit Court shall not make a declaration under subsection (6) where it is satisfied that to do so—

(a) would not be in the best interests of the child concerned, where the child has not attained the age of 18 years, or

(b) would be contrary to the interests of justice.

(8) Any declaration made under this section shall be binding on the parties to the proceedings and any person claiming through a party to the proceedings, and where the Attorney General is made a party to the proceedings the declaration shall also be binding on the State.

Effect of declaration under section 21 or 22

23. Where a person is declared under section 21 or 22 to be a parent of a child, from the date on which the declaration is made—

(a) the person shall be deemed to be the parent, under section 5(1)(b), of the child,

(b) the person, referred to in section 20(1)(d), who provided a gamete that was used in the DAHR procedure that resulted in the birth of the child—

(i) is not the parent of the child, and

(ii) has no parental rights or duties in respect of the child,

and

(c) a reference in any enactment to a mother, father or parent of a child shall be construed as not including, in relation to the child to whom the declaration relates, the person referred to in paragraph (b).

PART 3

Donor-Assisted Human Reproduction

Acquisition by operator of DAHR facility of gamete or embryo

24. (1) The operator of a DAHR facility shall not acquire for use in a DAHR procedure a gamete provided by a donor unless, at the time of such acquisition, he or she also acquires the information specified in subsection (3) in respect of the donor.

(2) The operator of a DAHR facility shall not acquire an embryo for use in a DAHR procedure or a further DAHR procedure unless, at the time of such acquisition, he or she also acquires the information specified in subsection (3) in respect of—

(a) the donor or, as the case may be, each donor of the embryo who provided a gamete that was used in the formation of the embryo, and

(b) where applicable, the donor of a gamete that was used in the formation of the embryo.

(3) The information referred to in subsections (1) and (2), in relation to the donor concerned, is:

(a) his or her name;

(b) his or her date and place of birth;

(d) the date on which, and the place at which, he or she provided the gamete;

(e) his or her contact details.

Performance of DAHR procedure

25. (1) A person shall not perform a DAHR procedure unless the person is—

(a) a registered medical practitioner, or

(b) a registered nurse F9[or registered midwife].

(2) A person shall not perform a DAHR procedure other than on the request of an intending parent.

(3) A person shall not perform a DAHR procedure on the request of an intending parent unless—

(a) he or she has first obtained the following information in respect of that intending parent—

(i) his or her name,

(ii) his or her date of birth, and

(iii) his or her address and contact details,

and

(b) the following applies:

(i) where the intending mother is the only intending parent, she has consented under section 9 to the parentage under section 5 of a child born to her as a result of the procedure;

(ii) where the intending parents are the intending mother and her F10[spouse], civil partner or cohabitant—

(I) the intending mother has consented under section 9 to the parentage under section 5 of a child born as a result of the procedure, and her declaration under section 9(1)(c) includes a statement referred to in section 9(3)(d) in respect of the husband, civil partner or cohabitant concerned, and

(II) the husband, civil partner or cohabitant concerned has consented under section 11 to being the parent, under section 5, of a child born as a result of the procedure.

Annotations

Amendments:

F9
Inserted (24.03.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 188(b), S.I. No. 120 of 2021.

F10
Substituted (16.11.2015) by Marriage Act 2015 (35/2015), s. 23(d), S.I. No. 504 of 2015.

Use of gamete or embryo in DAHR procedure

26. (1) The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure a gamete provided by a donor unless—

(a) the gamete has been acquired in accordance with section 24(1), and

(b) the donor of that gamete—

(i) has consented under section 6 to the use of the gamete in a DAHR procedure, or

(ii) where the gamete is acquired from outside the State, has consented to the use of the gamete in a DAHR procedure, where that consent is substantially the same as that provided for in section 6.

(2) The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure or a further DAHR procedure an embryo unless—

(a) it has acquired the embryo in accordance with section 24(2), and

(b) the donor, or as the case may be, each donor of the embryo—

(i) has consented under section 14 or 16, to the use of the embryo in a DAHR procedure or, as the case may be, a further DAHR procedure, or

(ii) where the embryo is acquired from outside the State, has consented to the use of the embryo in a DAHR procedure or a further DAHR procedure, where that consent is substantially the same as that provided for in section 14 or, as the case may be, section 16.

(3) The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure a gamete provided by a donor, where he or she has become aware that—

(a) the consent of the donor under section 6 has been revoked under section 8, or

(b) in the case of a gamete to which subsection (1)(b)(ii) or (5) applies, the consent of the donor referred to in that subsection has been revoked.

(4) The operator of a DAHR facility shall not use or permit to be used in a DAHR procedure or a further DAHR procedure an embryo where he or she has become aware that—

(a) the consent of the donor under section 14 or, as the case may be, section 16, has been revoked under section 18, or

(b) in the case of an embryo to which subsection (2)(b)(ii) or (6) applies, the consent of the donor referred to in that subsection has been revoked.

(5) Notwithstanding subsection (1), for a period of 3 years from the date on which that subsection comes into operation, a gamete to which paragraph (a) of that subsection does not apply may be used in a DAHR procedure where—

(a) the gamete concerned has been acquired before that date by the DAHR facility concerned,

(b) the donor of the gamete has consented to the use of the gamete in a DAHR procedure, and

(c) the intending parent is the parent of a child born as a result of a DAHR procedure performed before that date, where the gamete used in that procedure was provided by the same donor.

(6) Subsection (2)(a) shall not apply to an embryo where—

(a) the embryo was formed before the date on which the subsection comes into operation,

(b) the embryo was acquired by the DAHR facility before that date, and

(c) the donor or, as the case may be, each donor of the embryo has consented to the use of the embryo in a DAHR procedure or a further DAHR procedure.

(7) Where an embryo to which subsection (6) applies is used in a DAHR procedure or a further DAHR procedure, nothing in this section shall operate to prevent the recording on the Register of the information specified in section 33(3)(d) in respect of the donor from whose gamete the embryo was formed.

(8) The operator of a DAHR facility may use or permit to be used in a DAHR procedure an embryo that was formed before the date on which this subsection comes into operation, where—

(a) the embryo has been formed for the purposes of the DAHR procedure,

(b) the donor of the gamete that was used in the formation of the embryo has consented to the use of the gamete in a DAHR procedure, and

(c) each person who, at the time of the formation of the embryo, was an intending parent, has consented under section 9, or as the case may be, section 11, to the parentage under section 5 of a child born as a result of the procedure.

Intending parent to provide information to DAHR facility following DAHR procedure

27. (1) Where a DAHR procedure is performed, the intending parent concerned shall, as soon as practicable after becoming aware of the fact, inform the operator of the DAHR facility concerned of the following:

(a) whether the procedure has led to the pregnancy of the intending mother;

(b) where the procedure has led to the pregnancy of the intending mother, the date on which the intending mother is expected to give birth.

(2) Where subsection (1)(b) applies, the intending parent concerned shall, as soon as practicable after the pregnancy of the intending mother has come to an end, inform the DAHR facility concerned of—

(a) whether the pregnancy resulted in the birth of a live child, and

(b) where the pregnancy resulted in the birth of a live child, the name, date and place of birth, sex and address of the child.

(3) Where an intending parent does not comply with subsection (1) or (2), the operator of the DAHR facility concerned shall contact the intending parent concerned in order to obtain the information referred to in the subsection concerned.

(4) Where an intending parent provides an operator of a DAHR facility with the information referred to in subsection (2)(b), the operator shall furnish the intending parent with a certificate under subsection (5).

(5) A certificate under this subsection shall be in such form as may be prescribed and shall state—

(a) that a DAHR procedure was performed at the DAHR facility on the request of the intending parent or parents, and the date on which procedure was performed,

(b) in relation to the procedure referred to in paragraph (a), whether—

(i) one gamete provided by a donor was used in the procedure and, if so, whether that gamete was a human egg or a human sperm,

(ii) each gamete used in the procedure was provided by a donor, or

(iii) an embryo provided by a donor was used in the procedure,

F11[(i) the gamete referred to in paragraph (b) was one to which subsection (1), (5) or, as the case may be, (8)(b) (other than a gamete to which subsection (1) or (5) also applies) of section 26 applied, or]

(ii) where applicable, the embryo referred to in paragraph (b)(iii) was one to which subsection (2) or (6) of section 26 applied,

(d) that the intending mother concerned consented, under section 9, to the parentage under section 5 of a child born as a result of the procedure, and

(e) where applicable, that the F12[spouse], civil partner or cohabitant of the intending mother consented under section 11 to being the parent of a child born as a result of the procedure.

Annotations

Amendments:

F11
Substituted (4.05.2020) by Civil Registration Act 2019 (13/2019), s. 13, S.I. No. 543 of 2019.

F12
Substituted (16.11.2015) by Marriage Act 2015 (35/2015), s. 23(e), S.I. No. 504 of 2015.

DAHR facility to retain and provide certain information

28. (1) An operator of a donation facility shall retain—

(a) a written consent of a person made under section 6, and

(b) a record of the revocation, under section 8, by a person referred to in paragraph (a) of his or her consent.

(2) An operator of a DAHR facility shall retain—

(a) a written consent of a person made under section 9, 11, 14 or 16, and

(b) a record of the revocation, under section 10, 12 or 18, as the case may be, by a person referred to in paragraph (a) of his or her consent.

(3) Where a DAHR procedure is performed at a DAHR facility, the operator of the facility shall retain a record of—

(a) all information acquired under section 24 in respect of the donor concerned, and

(b) all information obtained under section 25(3)(a) in respect of the intending parent concerned.

(4) The operator of a DAHR facility referred to in subsection (3) shall provide the Minister, for the purpose of the performance by the Minister of his or her functions under section 33, with the following information:

(a) that a DAHR procedure has been performed at the DAHR facility at the request of the intending parents;

(b) the information referred to in subsection (3) in respect of the donor and the intending parent;

(i) whether the procedure has led to the pregnancy of the intending mother, and

(ii) where the procedure has resulted in the pregnancy of the intending mother, the date on which the intending mother is expected to give birth or, where applicable, the information specified in subsection (5) .

(5) Where the pregnancy of the intending mother referred to in subsection (4)(c)(i) has come to an end, the information to be provided under that subsection is the following:

(a) whether the pregnancy resulted in the birth of a live child;

(b) where the pregnancy resulted in the birth of a live child, the name, date and place of birth, sex and address of the child.

(6) Subject to subsection (7), the information referred to in subsection (4) shall be provided to the Minister, in relation to each DAHR procedure performed at the DAHR facility, on each of the following dates—

(a) on a date that is no later than 6 months after the performance of the procedure concerned, and

(b) on a date that is no earlier than 12 months and no later than 13 months after the performance of the procedure concerned.

(7) Where the operator of a DAHR facility becomes aware of an error in information provided by it under subsection (4), he or she shall without delay inform the Minister of the error and provide the Minister with corrected information.

Minister may require information on compliance by DAHR facility with section 28

29. The Minister may require the operator of a DAHR facility to provide him or her with any information that he or she needs to determine whether the operator is in compliance with his or her obligations under section 28.

Authorised persons

30. (1) The Minister may appoint such and so many persons as he or she considers appropriate to be an authorised person or authorised persons for the purposes of ensuring compliance by the operator of a DAHR facility with his or her obligations under section 28.

(2) A person appointed to be an authorised person under this section shall on his or her appointment be furnished by the Minister with a warrant of his or her appointment, and when exercising a power conferred by this Act shall, if requested by any person thereby affected, produce such warrant to that person for inspection.

Powers of authorised persons

31. (1) For the purposes of this Act, an authorised person may—

(a) subject to subsection (3), enter and inspect at all reasonable times any premises—

(i) which he or she has reasonable grounds for believing are being used as a DAHR facility, or

(ii) at which he or she has reasonable grounds for believing records or documents relating to a DAHR facility are being kept,

(b) at such premises inspect and take copies of, any books, records or other documents (including books, records or documents stored in non-legible form), or extracts therefrom, that he or she finds in the course of his or her inspection,

(c) remove any such books, documents or records from such premises and detain them for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act,

(d) require—

(i) the operator of the DAHR facility, or

(ii) any person at the premises concerned, including the owner or person in charge of that place or premises,

to give the authorised person such information and assistance as the authorised person may reasonably require for the purposes of his or her functions under this Act,

(e) require—

(i) the operator of the DAHR facility, or

(ii) any persons at the premises concerned, including the owner or person in charge of that place or premises,

to produce to the authorised person such books, documents or other records (and in the case of documents or records stored in non-legible form, produce to him or her a legible reproduction thereof) that are in that person’s possession or procurement, or under that person’s control, as he or she may reasonably require for the purposes of his or her functions under this Act, and

(f) examine with regard to any matter under this Act any person whom the authorised person has reasonable grounds for believing to be—

(i) the operator of a DAHR facility, or

(ii) to be employed at a DAHR facility,

and require the person to answer such questions as the authorised person may ask relative to those matters and to make a declaration of the truth of the answers to those questions.

(2) When performing a function under this Act, an authorised person may, subject to any warrant under subsection (4), be accompanied by such number of other authorised persons or members of the Garda Síochána as he or she considers appropriate.

(3) An authorised person shall not enter a dwelling, other than—

(a) with the consent of the occupier, or

(b) pursuant to a warrant under subsection (4).

(4) Upon the sworn information of an authorised person, a judge of the District Court may—

(a) for the purposes of enabling an authorised person to carry out an inspection of premises that the authorised person has reasonable grounds for believing are being used as a DAHR facility, or

(b) if satisfied that there are reasonable grounds for believing that information, books, documents or other records (including information, books, documents or records stored in non-legible form) required by an authorised person under this section is or are held in any place or premises,

issue a warrant authorising a named authorised person accompanied by such other authorised persons or members of the Garda Síochána as may be necessary, at any time or times, before the expiration of one month from the date of issue of the warrant, to enter the dwelling and perform the functions of an authorised person under subsection (1).

(5) A person commits an offence if he or she—

(a) obstructs or interferes with an authorised person or a member of the Garda Síochána in the course of exercising a power conferred on him or her by this Act or a warrant under subsection (4) or impedes the exercise by the person or member, as the case may be, of such power, or

(b) fails or refuses to comply with a request or requirement of, or to answer a question asked by, the person or member pursuant to this section, or in purported compliance with such request or requirement or in answer to such question gives information to the person or member that he or she knows to be false or misleading in any material respect.

(6) Where an authorised person believes, upon reasonable grounds, that a person has committed an offence under this Act, he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.

(7) A statement or admission made by a person pursuant to a requirement under subsection (1)(d) or (f) shall not be admissible as evidence in proceedings brought against the person for an offence (other than an offence under subsection (5)).

(8) A person who commits an offence under this section is liable—

(a) on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both, and

(b) on conviction on indictment to a fine not exceeding €70,000 or imprisonment for a term not exceeding 2 years or both.

Enforcement of obligations of DAHR facility under section 28

32. (1) Where the Minister is satisfied that the operator of a DAHR facility is not in compliance with his or her obligations under section 28, the Minister may—

(a) issue to the operator a direction requiring him or her to comply with such of the obligations as are specified in the direction, or

(b) apply to the Circuit Court for an order under subsection (3).

(2) Where the Minister is satisfied that the operator of DAHR facility to which he or she has issued a direction under subsection (1)(a) is not in compliance with that direction, the Minister may apply to the Circuit Court for an order under subsection (3).

(3) The Circuit Court, on an application under subsection (1)(b) or (2), as the case may be, where satisfied that the operator of the DAHR facility concerned is not in compliance with his or her obligations under section 28, may make an order directing the operator to comply with those obligations.

(4) Where the Minister is satisfied that the operator of a DAHR facility who is the subject of an order under subsection (3) is not in compliance with the order, the Minister may apply to the Circuit Court for an order under subsection (5).

(5) The Circuit Court, on an application under subsection (4), where satisfied that the operator of the DAHR facility is not in compliance with an order under subsection (3), may make an order prohibiting or restricting the performance at the DAHR facility of DAHR procedures until such time as the operator of the DAHR facility satisfies the Court of his or her ability to comply with his or her obligations under section 28.

(6) The operator of a DAHR facility may, within 21 days from the date of the order, appeal an order of the Circuit Court under subsection (5) to the High Court on a point of law and the determination of the High Court on such an appeal in respect of the point of law shall be final and conclusive.

National Donor-Conceived Person Register

33. (1) The Minister shall cause to be established and maintained a register to be known as the National Donor-Conceived Person Register.

(2) The Minister shall make an entry in the Register in respect of each child born in the State as the result of a DAHR procedure.

(3) An entry under subsection (2) shall contain the following particulars:

(a) the name, date and place of birth and sex of the child;

(b) the address of the child;

(d) the information in respect of the donor concerned, as provided to the Minister under section 28;

(e) the date on which the DAHR procedure that resulted in the birth of the child was performed;

(f) the name and address of the DAHR facility at which the DAHR procedure referred to in paragraph (e) was performed.

(4) The Minister may prescribe the manner in which the information specified in subsection (3) is to be recorded on the Register.

Access to certain information from Register

34. (1) A donor-conceived child who has attained the age of 18 years, or the parent of a donor-conceived child who has not attained the age of 18 years, may request the Minister to provide him or her with the following information from the Register:

(a) information other than the relevant donor’s name, date of birth and contact details, that is recorded on the Register in respect of the relevant donor;

(b) the number of persons who have been born as a result of the use in a DAHR procedure of a gamete donated by the relevant donor, and the sex and year of birth of each of them.

(2) A donor may request the Minister to provide him or her with information from the Register on the number of persons who have been born as a result of the use in a DAHR procedure of a gamete donated by the donor, and the sex and year of birth of each of them.

(3) The Minister shall comply with a request made in accordance with subsection (1) or (2).

Information in respect of relevant donor to be provided to donor-conceived child

35. (1) A donor-conceived child who has attained the age of 18 years may request from the Minister the name, date of birth and contacts details of a relevant donor, as recorded in the Register.

(2) Where the Minister receives a request under subsection (1), he or she shall send to the relevant donor a notice informing him or her that—

(a) a request under subsection (1) has been made by the donor-conceived child, and

(b) the Minister shall, 12 weeks from the date on which the notice is sent, release to the donor-conceived child the information requested, unless the relevant donor makes representations to the Minister setting out why the safety of the relevant donor or the donor-conceived child, or both, requires that the information not be released.

(3) Where a relevant donor to whom subsection (2) applies makes representations to the Minister in accordance with that subsection, the Minister shall consider those representations, having regard to the right of the donor-conceived child to his or her identity, and—

(a) if satisfied that sufficient reasons exist to withhold the information concerned from the donor-conceived child, shall refuse the request under subsection (1) and notify the donor-conceived child of the refusal and, in doing so, may inform him or her of the content of the representations of the relevant donor under subsection (2), or

(b) if not so satisfied, shall release the information to the donor-conceived child concerned.

(4) Where a relevant donor to whom subsection (2) applies does not make representations in accordance with that subsection, the Minister shall release the information to the donor-conceived child concerned.

(5) A donor-conceived child may, within 21 days of receipt of the notification under subsection (3)(a), appeal to the Circuit Court against the Minister’s refusal of his or her request under subsection (1).

(6) An appeal under subsection (5) shall—

(a) be on notice to the Minister, and

(b) be heard otherwise than in public.

Information in respect of donor-conceived child to be provided to relevant donor

36. (1) A donor-conceived child who has attained the age of 18 years may request the Minister to record on the Register a statement of his or her name, date of birth and contact details and confirming that he or she consents, on the making by the relevant donor of a request under subsection (2), to the release, in accordance with this section, to the relevant donor of that information.

(2) A donor may request from the Minister the name, date of birth and contact details of a donor-conceived child who has attained the age of 18 years and in relation to whom he or she is a relevant donor.

(3) Where the Minister receives a request under subsection (2), and a statement under subsection (1) by the donor-conceived child is recorded on the Register, the Minister shall send the donor-conceived child a notice informing him or her that—

(a) a request under subsection (2) has been made by the relevant donor, and

(b) unless he or she informs the Minister, within 12 weeks from the date on which the notice is sent, that he or she objects to the release to the relevant donor of the information contained in the statement under subsection (1), the Minister shall release that information to the relevant donor.

(4) Where a donor-conceived child to whom a notice under subsection (3) has been sent does not, in accordance with that subsection, object to the release of the information concerned, the Minister shall release that information to the relevant donor concerned.

Information in respect of other persons to be provided to donor-conceived child

37. (1) A donor-conceived child who has attained the age of 18 years may request the Minister to record on the Register a statement of his or her name, date of birth and contact details and confirming that he or she consents, on the making by a person of a request under subsection (2) , to the release, in accordance with this section, to that person of that information.

(2) A donor-conceived child who has attained the age of 18 years (in this section referred to as a “requesting person”) may request from the Minister the name, date of birth and contact details of a relevant person.

(3) Where the Minister receives a request under subsection (2), and the donor-conceived child to whom the requested information relates has made a statement under subsection (1) that is recorded on the Register, the Minister shall send the donor- conceived child a notice informing him or her that—

(a) a request under subsection (2) has been made by the requesting person, and

(b) unless the donor-conceived child informs the Minister, within 12 weeks of the date of the sending of the notice, that he or she objects to the release to the requesting person of the information contained in the statement under subsection (1), the Minister shall release that information to the requesting person.

(5) In this section, “relevant person” means, in relation to a requesting person, a donor-conceived child in relation to whom a relevant donor is also a relevant donor in relation to the requesting person.

Additional provision in relation to sections 33 to 37

38. (1) Where information relating to a person is, in accordance with sections 33 to 37, recorded on the Register, that person (or, in the case of a person who has not attained the age of 18 years, his or her parent or guardian) may request the Minister to update the information concerned.

(2) The Minister shall not—

(a) record on the Register a statement made by a person under section 36(1) or 37(1), or

(b) release information to a person in response to a request under section 35, 36, or 37,

unless the Minister is satisfied that the person has received counselling on the implications of his or her recording such a statement or, as the case may be, receiving such information.

Interaction of Register and register of births

39. (1) Where the Minister makes an entry under section 33(2), he or she shall notify an tArd-Chláraitheoir that the Minister holds a record in the Register in respect of the child concerned.

(2) Where an tArd-Chláraitheoir receives a notification under subsection (1), he or she shall note in the entry in the register of births in respect of the child that the child is a donor-conceived child and that additional information is available from the Register in relation to the child.

(3) A note referred to in subsection (2) shall be released only to the child concerned, when he or she has attained the age of 18 years.

(4) Where a person who has attained the age of 18 years applies for a copy of his or her birth certificate, and the register of births contains a note referred to in subsection (2), an tArd-Chláraitheoir shall, when issuing a copy of the birth certificate requested, inform the person that further information relating to him or her is available from the Register.

Jurisdiction (Parts 2 and 3)

40. (1) The jurisdiction conferred on the District Court by section 21 shall be exercised by—

(a) a judge of the District Court who is assigned to the district court district in which an applicant under that section ordinarily resides or carries on any profession, business or occupation, or

(b) where no applicant under that section ordinarily resides or carries on any profession, business or occupation in the State, a judge who is assigned to the Dublin Metropolitan District.

(2) The jurisdiction conferred on the Circuit Court by sections 22 and 35 shall be exercised by—

(a) the judge of the circuit in which an applicant under the section concerned ordinarily resides or carries on any profession, business or occupation, or

(b) where no applicant under the section concerned ordinarily resides or carries on any profession, business or occupation in the State, by a judge of the court for the time being assigned to the Dublin Circuit.

(3) The jurisdiction conferred on the Circuit Court by section 32 shall be exercised by the judge of the circuit in which the DAHR facility concerned is located.

Regulations (Parts 2 and 3)

41. (1) The Minister may make regulations prescribing any matter or thing which is referred to in Part 2 or this Part as prescribed or to be prescribed.

(2) Regulations under Part 2 or this Part may contain such incidental, supplementary and consequential provisions as the Minister considers necessary or expedient for the purposes of the regulations.

(3) Regulations made under Part 2 or this Part shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling those regulations is passed by either such House within the next 21 days on which that House has sat after the regulations are laid before it, the regulations shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Annotations

Editorial Notes:

E11
Power pursuant to section exercised (5.05.2020) by Children and Family Relationships Act 2015 (Certification) Regulations 2019 (S.I. No. 546 of 2019), in effect as per reg. 1(2).

E12
Power pursuant to section exercised (5.05.2020) by Children and Family Relationships Act 2015 (Consent to Parentage Declaration) Regulations 2019 (S.I. No. 545 of 2019), in effect as per reg. 1(2).

E13
Power pursuant to section exercised (5.05.2020) by Children and Family Relationships Act 2015 (Consent to Use Declaration) Regulations 2019 (S.I. No. 544 of 2019), in effect as per reg. 1(2).

Service of documents (Parts 2 and 3)

42. (1) A notice or other document that is required to be served on or given to a person under Part 2 or this Part shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; or

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.

(2) For the purpose of this section, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

PART 5

Amendments to Succession Act 1965

Amendment of section 3 of Act of 1965

64. Section 3 of the Act of 1965 is amended in subsection (1) by the insertion of the following definition:

“ ‘Act of 2015’ means the Children and Family Relationships Act 2015;”.

Amendment of section 4A of Act of 1965

65.Section 4A of the Act of 1965 is amended—

(a) in subsection (1), by the substitution of “Subject to subsection (1A), in deducing any relationship” for “In deducing any relationship”,

(b) by the insertion of the following subsection after subsection (1):

“(1A) In deducing any relationship for the purposes of this Act, the relationship between every donor-conceived child (within the meaning of the Act of 2015) and his or her parents shall be determined in accordance with section 5 of the Act of 2015 and all other relationships shall be determined accordingly.”,

(c) in subsection (2), by the substitution of “Subject to subsection (2A) (inserted by section 65(d) of the Act of 2015), where a person” for “Where a person”, and

(d) by the insertion of the following subsection after subsection (2):

“(2A) The reference to father in subsection (2) does not include a man who is, under section 5 of the Act of 2015, a parent of the first-mentioned person referred to in that subsection.”.

Amendment of section 27A of Act of 1965

66. The Act of 1965 is amended in section 27A—

(a) by designating the section as subsection (1),

(b) in subsection (1) (as designated by paragraph (a))—

(i) by the substitution of “Subject to subsection (2), for the purpose of the application” for “For the purpose of the application”, and

(ii) by the substitution of “whose parents have not married each other or whose parents are not civil partners of each other” for “whose parents have not married each other” in each place it occurs,

and

“(2) Subsection (1) shall not apply in relation to a person whose parents have not married each other or whose parents are not civil partners of each other where—

(a) the person has been adopted by a cohabiting couple—

(i) under an adoption order, or

(ii) outside the State, where that adoption is recognised by virtue of the law for the time being in force in the State,

(b) they are the parents, under section 5 of the Act of 2015, of the person.

(3) In this section—

“ ‘Act of 2010’ means the Adoption Act 2010;

‘adoption order’ has the same meaning as it has in section 3(1) of the Act of 2010;

‘cohabiting couple’ has the same meaning as it has in section 3(1) (amended by section 102 of the Act of 2015) of the Act of 2010.”.

Amendment of section 67A of Act of 1965

67. Section 67A of the Act of 1965 is amended—

(a) in subsection (2)(a), by the substitution of “subject to subsections (3), (3A) (inserted by section 67(c) of the Act of 2015), (4), (5), (6) and (7)” for “subject to subsections (3) to (7) ”,

(b) in subsection (3), by the substitution of “Subject to subsection (3A), the court may” for “The court may”, and

“(3A) An application may not be made under subsection (3) by or on behalf of a child of an intestate where that child is also the child of the surviving civil partner.”.

Amendment of section 72A of Act of 1965

68. Section 72A of the Act of 1965 is amended in paragraph (b) by the substitution of “the spouse, civil partner or a direct lineal ancestor” for “the spouse or a direct lineal ancestor”.

Amendment of section 117 of Act of 1965

69. Section 117 of the Act of 1965 is amended by the substitution of the following subsection for subsection (3A):

“(3A) An order under this section—

(a) where the surviving civil partner is a parent of the child, shall not affect the legal right of that surviving civil partner or any devise or bequest to the civil partner or any share to which the civil partner is entitled on intestacy, or

(b) where the surviving civil partner is not a parent of the child, shall not affect the legal right of the surviving civil partner unless the court, after consideration of all the circumstances, including the testator’s financial circumstances and his or her obligations to the surviving civil partner, is of the opinion that it would be unjust not to make the order.”.

Amendment of section 121 of Act of 1965

70. Section 121 of the Act of 1965 is amended in subsection (6) by the substitution of “spouse or civil partner, as the case may be,” for “spouse” in each place it occurs.

PART 6

Amendments to Family Law (Maintenance of Spouses and Children) Act 1976

Amendment of section 3 of Act of 1976

71. Section 3 of the Act of 1976 is amended in subsection (1) —

(a) in the definition of “antecedent order”, by the insertion of the following paragraph after paragraph (d):

“(da) an order under section 8A of this Act (in so far as it is deemed under that section to be a maintenance order),”,

(b) in the definition of “maintenance debtor”, by the substitution of “person” for “spouse” wherever it occurs,

(c) in the definition of “maintenance order”, by the substitution of “an order under section 5, 5A, 5B or 5C” for “an order under either section 5 or 5A”, and

(d) by the insertion of the following definitions:

“ ‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

‘civil partner’ shall be construed in accordance with section 3 of the Act of 2010;

‘cohabitant’ shall be construed in accordance with section 172(1) of the Act of 2010 and includes a former cohabitant;”.

Amendment of section 5A of Act of 1976

72. Section 5A of the Act of 1976 is amended—

(a) by the substitution of “whose parents are not married to each other and are not civil partners of each other” for “whose parents are not married to each other” wherever it occurs, and

(b) in subsection (3)(b), by the substitution of the following subparagraph for subparagraph (i):

“(i) a spouse or a civil partner,”.

Maintenance by cohabitants of certain dependent children

73. The Act of 1976 is amended by the insertion of the following sections after section 5A:

“Maintenance order (liability of cohabitant to other cohabitant in respect of child of other cohabitant)

5B. (1) This section applies to a cohabitant of a person (in this section referred to as the maintenance applicant) who is a parent of, or who is in loco parentis to, a dependent child who is under the age of 18 years where the cohabitant—

(a) is not the parent of the dependent child, and

(b) is a guardian of the dependent child appointed under section 6C of the Guardianship of Infants Act 1964.

(2) Subject to subsection (3) of this section, where it appears to the Court, on application to it by a maintenance applicant, that the applicant’s cohabitant has failed to provide such maintenance for a dependent child referred to in subsection (1) of this section as is proper in the circumstances, the Court may make an order (in this Act referred to as a maintenance order) that the cohabitant make to the maintenance applicant periodical payments, for the support of the child, for such period during the lifetime of the maintenance applicant, of such amount and at such times, as the Court may consider proper.

(3) The Court, in deciding whether to make a maintenance order under this section for the support of a dependent child referred to in subsection (1) of this section and, if it decides to do so, in determining the amount of any payment, shall have regard to all the circumstances of the case and, in particular, in so far as is practicable, to the following matters—

(a) the income, earning capacity (if any), property and other financial resources of—

(i) the cohabitant,

(ii) the maintenance applicant,

(iii) the child, and

(iv) any other dependent children of the maintenance applicant or the cohabitant,

including income or benefits to which the maintenance applicant, the cohabitant, the child or such other dependent children are entitled by or under statute with the exception of a benefit or allowance or any increase in such benefit or allowance in respect of the child or other dependent children granted to either parent of any such children, and

(b) the financial and other responsibilities of the maintenance applicant and the cohabitant concerned towards—

(i) a spouse, civil partner or cohabitant,

(ii) the child, and

(iii) any other dependent children of the maintenance applicant or the cohabitant,

and the needs of such children, including the need for care and attention.

Maintenance order (liability of cohabitant to any person in respect of child of other cohabitant)

5C. (1) This section applies to a cohabitant (in this section called the relevant cohabitant) of a person who is a parent of, or who is in loco parentis to, a dependent child who is under the age of 18 years where the relevant cohabitant—

(a) is not the parent of the dependent child, and

(b) is a guardian of the child appointed under section 6C of the Guardianship of Infants Act 1964.

(2) Subject to subsection (3) of this section, where it appears to the Court, on application to it by any person, that the relevant cohabitant has failed to provide such maintenance for a dependent child referred to in subsection (1) of this section as is proper in the circumstances, the Court may make an order (in this Act referred to as a maintenance order) that the relevant cohabitant make to the person periodical payments, for the support of the dependent child, for such period during the lifetime of that person, of such amount and at such times, as the Court may consider proper.

(a) the income, earning capacity (if any), property and other financial resources of—

(i) the relevant cohabitant,

(ii) the child, and

(iii) any other dependent children of the relevant cohabitant,

including income or benefits to which the relevant cohabitant, the child or such other dependent children are entitled by or under statute with the exception of a benefit or allowance or any increase in such benefit or allowance in respect of the child or other dependent children granted to either parent of such children, and

(b) the financial and other responsibilities of the relevant cohabitant towards—

(i) a spouse, civil partner or cohabitant,

(ii) the child, and

(iii) any other dependent children of the relevant cohabitant,

and the needs of any such children, including the need for care and attention.

(4) The Court shall not make a maintenance order under subsection (2) of this section in relation to a relevant cohabitant in respect of a dependent child referred to in subsection (1) of this section if a maintenance order is in force under section 5B of this Act requiring that cohabitant to make periodical payments for the support of the child unless—

(a) the cohabitant is not complying with the order under section 5B of this Act, and

(b) the Court, having regard to all the circumstances, thinks it proper to do so,

but, if the Court makes the order under the said subsection (2), any amounts falling due for payment under the order under the said section 5B on or after the date of the making of the order under the said subsection (2) shall not be payable.”.

Amendment of section 6 of Act of 1976

74. Section 6 of the Act of 1976 is amended—

(a) in subsection (3), by the substitution of “Subject to subsection (3A) of this section, that part of a maintenance order” for “That part of a maintenance order”, and

(b) by the insertion of the following subsection after subsection (3):

“(3A) A maintenance order made under section 5B or 5C of this Act shall stand discharged when the person for whose benefit the order was made attains the age of 18 years.”.

Amendment of section 8A of Act of 1976

75. Section 8A of the Act of 1976 is amended by the substitution of “who are not married to each other and are not civil partners of each other enter into an agreement” for “who are not married to each other enter into an agreement”.

Amendment of section 10 of Act of 1976

76. Section 10 of the Act of 1976 is amended in subsection (3)(b)(i) by the substitution of “whether the person concerned” for “whether the spouse concerned”.

Amendment of section 21A of Act of 1976

77. Section 21A of the Act of 1976 is amended in subsection (1) by the substitution of the following paragraph for paragraph (b):

“(b) in relation to a dependent child whose parents are not married to each other and are not civil partners of each other, a parent,”.

Amendment of section 23 of Act of 1976

78. Section 23 of the Act of 1976 is amended—

(a) in subsection (1), by the substitution of “proceedings under sections 5, 5A, 5B, 5C, 6, 7, 9 and 21A of this Act” for “proceedings under sections 5, 5A, 6, 7, 9 and 21A of this Act”,

(b) in subsection (2) —

(i) in paragraph (b), by the substitution of “under section 5, 5A, 5B, 6, 7 or 9” for “under section 5, 6, 7 or 9”, and

(ii) in paragraph (c), by the substitution of “under section 5, 5A, 5B, 6, 7 or 9” for “under section 5, 6, 7 or 9”,

and

“(3) In proceedings under this Act, each party to the proceedings shall give to the other party such particulars of his or her financial circumstances, including property and income, and in so far as is practicable, the financial circumstances of his or her dependent children, as may reasonably be required for the purpose of the proceedings.”.

PART 7

Amendments to Status of Children Act 1987

Amendment of section 33 of Act of 1987

79. Section 33 of the Act of 1987 is amended by the insertion of the following definitions:

“ ‘Act of 2015’ means the Children and Family Relationships Act 2015;

‘adopted person’ has the same meaning as in section 3(2)(b) of this Act;

‘donor-conceived child’ has the same meaning as in Part 2 of the Act of 2015;

‘parent’ includes a second parent;

‘second parent’, in relation to a donor-conceived child, means a person who is a parent of the child under section 5(1)(b) of the Act of 2015, other than a person who is a parent under that section by virtue of a declaration obtained under section 21 or 22 of that Act.”.

Amendment of section 35 of Act of 1987

80. Section 35 of the Act of 1987 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) A person specified in subsection (1A) of this section may apply to the Court for a declaration under this section that—

(a) a person named in the application is or is not the mother,

(b) a person named in the application is or is not the father or second parent, or

of a person (other than a person who is an adopted person) named in the application (in this section referred to as the ‘person concerned’).”,

(b) by the insertion of the following subsections after subsection (1):

“(1A) An application for a declaration under this section may be made, in relation to a person concerned, by—

(a) the person concerned,

(b) any person seeking a declaration that he or she is the mother, father or second parent of the person concerned, or

(1B) Where an application for a declaration under this section is made by a person referred to in paragraph (b) or (c) of subsection (1A) of this section in relation to a person concerned, the person concerned shall be joined as a party to the proceedings.”,

(c) in subsection (3), by the substitution of “Where an application for a declaration under this section is made in relation to a person concerned who was not born in the State, the person making the application shall specify” for “Where a person not born in the State makes an application for a declaration by virtue of subsection (1)(b) of this section, he shall specify”,

(d) by the deletion of subsection (4), and

(e) by the substitution of the following subsection for subsection (8):

“(8) Where on an application under subsection (1) of this section it is proved on the balance of probabilities that—

(a) a person named in the application is or is not the mother,

(b) a person so named is or is not the father or second parent, or

of the person concerned, the Court shall make the declaration accordingly.”.

Amendment of section 37 of Act of 1987

81. Section 37 of the Act of 1987 is amended by—

(a) the deletion of the definitions of “blood samples” and “blood test”, and

(b) the insertion of the following definitions:

“ ‘Act of 2015’ means the Children and Family Relationships Act 2015;

‘bodily sample’ means any of the following taken or to be taken from a person for the purpose of a DNA test:

(a) a swab from the mouth;

(b) a sample of saliva or hair (other than pubic hair);

‘DNA’ means deoxyribonucleic acid;

‘DNA test’ means any test carried out under this Part with the object of examining and analysing a bodily sample in order to derive, in relation to the person from whom the sample is taken, information comprising a set of identification characteristics of that person’s DNA;

‘DAHR procedure’ has the same meaning as in section 20 of the Act of 2015;

‘donor-conceived child’ has the same meaning as in Part 2 of the Act of 2015;

‘parent’ means—

(a) in relation to a person who is not a donor-conceived child, his or her mother or father, and

(b) in relation to a donor-conceived child, a person who—

(i) provided a gamete that was used in the DAHR procedure that resulted in the child’s birth, and

(ii) is the mother of the child or is a parent of the child under section 5(1)(b) of the Act of 2015;”.

Amendment of section 38 of Act of 1987

82. Section 38 of the Act of 1987 is amended—

(a) by the substitution of “bodily samples” for “blood samples” wherever it appears, and

(b) in subsection (1), by the substitution of “DNA tests” for “blood tests”.

Amendment of section 39 of Act of 1987

83. Section 39 of the Act of 1987 is amended—

(a) by the substitution of “bodily sample” for “blood sample” wherever it appears, and

(b) in subsection (3)(b), by the substitution of “DNA tests” for “blood tests”.

Amendment of section 40 of Act of 1987

84. Section 40 of the Act of 1987 is amended—

(a) by the substitution of “bodily samples” for “blood samples” wherever it appears, and

(b) in subsection (6) —

(i) in paragraph (a), by the substitution of “DNA tests” for “blood tests”, and

(ii) in paragraph (b), by the substitution of “DNA test” for “blood test”, and by the substitution of “bodily sample” for “blood sample”.

Amendment of section 41 of Act of 1987

85. Section 41 of the Act of 1987 is amended in subsection (2) —

(a) in paragraph (a), by the substitution of “bodily samples” for “blood samples”,

(b) in paragraph (b), by the substitution of “bodily sample” for “blood sample”, and

“(c) require any person from whom a bodily sample that is a blood sample is to be taken or, in such cases as may be prescribed by the regulations, such other person as may be so prescribed, to state in writing whether he had during such period as may be specified in the regulations—

(i) suffered from any such illness as may be so specified, or

(ii) received a transfusion of blood or such other medical treatment as may be so specified;”.

Amendment of section 42 of Act of 1987

86. Section 42 of the Act of 1987 is amended—

(a) in subsection (2), by the substitution of “bodily samples” for “blood samples”, and

(b) in subsection (4), by the substitution of “bodily sample” for “blood sample”.

Amendment of section 43 of Act of 1987

87. Section 43 of the Act of 1987 is amended—

(a) by the substitution of “bodily sample” for “blood sample”,

(b) by the substitution of “a class C fine” for “a fine not exceeding £1,000”, and

Amendment of section 46 of Act of 1987

88. Section 46 of the Act of 1987 is amended—

(a) by the substitution of the following subsection for subsection (2):

“(2) Notwithstanding subsection (1) of this section, where a married woman, being a woman who is living apart from her husband, gives birth to a child more than ten months after the date of her separation from her husband, then her husband shall be presumed not to be the father of the child unless the contrary is proved on the balance of probabilities.”,

(b) by the insertion of the following subsection after subsection (2):

“(2A) For the purposes of subsection (2) of this section, the date of the separation of a married woman from her husband shall be deemed to be—

(a) the date on which a decree of divorce a mensa et thoro was granted in relation to them,

(b) the date on which a decree of judicial separation was granted in relation to them,

(d) the date on which a separation agreement was entered into by them, or

(e) such other date as may be established by the woman.”,

“(a) the birth of a child is registered in a register maintained under the Civil Registration Act 2004, and”,

and

(d) by the insertion of the following subsection after subsection (4):

“(5) In this section, ‘decree of judicial separation’ means a decree under section 3 of the Judicial Separation and Family Law Reform Act 1989.”.

PART 8

Amendments to Family Law Act 1995

Amendment of section 2 of Act of 1995

89. Section 2 of the Act of 1995 is amended by the insertion of the following definition:

“ ‘cohabitant’ shall be construed in accordance with section 172(1) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 and includes a former cohabitant;”.

Amendment of section 41 of Act of 1995

90. Section 41 of the Act of 1995 is amended—

(a) in paragraph (a), by the substitution of “that other spouse,” for “that other spouse, or”,

(b) in paragraph (b)(ii), by the substitution of “of the family, or” for “of the family,”,

“(c) by a cohabitant to a parent of the child, or to another person specified in the order, of periodical payments for the support of a child,”,

and

(d) by the substitution of “order the person liable” for “order the spouse or parent liable”.

Amendment of section 42 of Act of 1995

91. Section 42 of the Act of 1995 is amended—

(a) in subsection (1), by the substitution of “paragraph (a), (b) or (c) of section 41” for “paragraph (a) or (b) of section 41”, and

(b) by the insertion of the following subsection after subsection (2):

“(2A) Where the court makes an order under subsection (1) that is for the benefit of a child, the court may specify in the order the manner in which, or purpose for which, the payment or payments referred to in that subsection are to be applied, including in providing suitable accommodation for the child to whom the order relates.”.

PART 9

Amendments to Civil Registration Act 2004

Amendment of section 2 of Act of 2004

92. Section 2(1) of the Act of 2004 is amended—

(a) by the insertion of the following definitions:

“ ‘Act of 2015’ means the Children and Family Relationships Act 2015;

‘donor-conceived child’ has the same meaning as it has in Part 2 of the Act of 2015;

‘parent’, in relation to a donor-conceived child, means the parent or parents of that child under section 5 of the Act of 2015;”,

and

(b) in the definition of “the required particulars”, by—

(i) the substitution of the following for paragraphs (a) and (b):

“(a) in relation to a birth or a living new born child found abandoned, the particulars specified in Part 1 of the First Schedule in relation to the child, the mother of the child and, as applicable, the father or other parent of the child;

(b) in relation to a stillbirth the particulars specified in Part 2 of the First Schedule in relation to the child, the mother of the child and, as applicable, the father or other parent of the child;”,

and

(ii) the substitution of the following for paragraph (e):

“(e) in relation to a death, the particulars specified in Part 5 of the First Schedule in relation to the deceased and, as applicable, the mother, father, parent and guardian of the deceased;”.

Special provisions in relation to registration of birth of donor-conceived child

93. The Act of 2004 is amended by the insertion of the following after section 19:

“19A. (1) Where a child who is a donor-conceived child is born, the person referred to in paragraph (a) or (b) of section 19(1) shall comply with that section in relation to the birth, and shall also give the following to the registrar—

(a) the certificate furnished to the person under section 27(5) of the Act of 2015,

(b) a statutory declaration referred to in subsection (2).

(2) A statutory declaration referred to in subsection (1)(b) shall be in the form for the time being standing approved by an tArd-Chláraitheoir, and shall state—

(a) the parent or parents of the child consented, in accordance with Part 2 of the Act of 2015, to being the parents, under section 5 of that Act, of the child, and

(b) no person, other than the parent or parents referred to in paragraph (a), is the parent of the child.

(3) Where section 19(3) applies in relation to a birth referred to in subsection (1), the qualified informant concerned shall comply with that section, and shall also give the following to the registrar—

(a) the certificate referred to in subsection (1)(a), and

(b) such evidence in his or her possession or within his or her power to so furnish relating to the consent by the parent or parents, or any other person, under Part 2 of the Act of 2015, to being the parents, under section 5 of that Act, of the child.

(4) Where the mother of a child referred to in subsection (1) was married at the date of the birth of the child or at some time during the period of 10 months ending immediately before such birth, and another person would, but for this subsection fall to be registered as a parent of the child under section 19, that person shall not be so registered unless the person complies with subsection (3) and subsections (3A) to (3H) of section 22(3).

(5) Where—

(a) paragraphs (i) to (iii) of section 19(1) and subsection (1), or

(b) as the case may be, paragraphs (a) to (c) of section 19(3) and subsection (3),

have been complied with in relation to a birth to which subsection (1) applies, the registrar concerned shall register the birth in accordance with this section and in such manner as an tArd-Chláraitheoir may direct.

(6) In registering the birth of a child under this section, the registrar shall note on the register that the child is a child to whom subsection (1) applies.

(7) A note referred to in subsection (6) shall not be shown on any birth certificate issued to the child.

(8) Where—

(a) the birth of a child has been registered other than under this section, and

(b) the registrar receives information from the Minister for Health to the effect that the child is a child to whom subsection (1) applies,

the registrar shall contact the persons who complied with section 19(1) in relation to the birth of the child and such other persons as he or she considers necessary, and make the enquiries necessary to determine whether the birth of the child should be re-registered under this section.

(9) Where the registrar, having made the enquiries referred to in subsection (8), is of the opinion that the child concerned is a child to whom subsection (1) applies, he or she shall re-register the birth of the child under this section and enter in the register the name of the person who is, or persons who are, under section 5 of the Act of 2015, the parent or parents of the child.

(10) Where a person whose birth was registered in accordance with this section and who has attained the age of 18 years applies for a birth certificate, the registrar shall contact that person to inform him or her that further information relating to him or her is available from the National Donor-Conceived Person Register.”.

Sections 23 and 23A of Act of 2004 not to apply to donor-conceived child

94. Sections 23 and 23A of the Act of 2004 shall not apply to a donor-conceived child (within the meaning of Part 2).

Re-registration of birth of donor-conceived child on foot of court order

95. The Act of 2004 is amended by the insertion of the following section after section 23A:

“23B. (1) Where the birth of a child has been registered under this Act or the repealed enactments a registrar shall re-register the birth in such manner as an tArd-Chláraitheoir may direct and shall enter in the register the name of a person (‘the person’) as the parent of the child if the mother, the person or the child to whose birth the registration relates and who has attained the age of 18 years so requests and gives to the registrar a document purporting to be a copy of a declaration made by the District Court under section 21 of the Act of 2015, or by the Circuit Court under section 22 of the Act of 2015, and to be certified by or on behalf of the court to be a true copy of the order finding that the person is the parent of the child.

(2) Where the birth of a donor-conceived child has been registered, whether or not anybody other than the child’s mother has been registered as a parent of the child, under this Act or the repealed enactments a registrar shall re-register the birth in such manner as an tArd-Chláraitheoir may direct and shall enter in the register the name of a person (‘the person’) as the parent of the child if the mother, the person or the child to whose birth the registration relates and who has attained the age of 18 years so requests and gives to the registrar a document purporting to be a copy of a declaration made by the Circuit Court under section 35 of the Status of Children Act 1987, and to be certified by or on behalf of the court to be a true copy of the order finding that the person is the parent of the child.

(3) A birth shall not be re-registered under this section without the consent of a Superintendent Registrar of the registration area to which the registrar is assigned.

(4) Where a birth is re-registered under this section, the surname of the child entered in the register shall be—

(a) that which was previously registered, or

(b) a surname determined in accordance with Part 1 of the First Schedule.

(5) Where one of the persons to whom subsection (1) applies makes a request to a registrar under that provision, the registrar shall notify any other persons referred to in that provision capable of making a request.

(6) Where one of the persons to whom subsection (2) applies makes a request to a registrar under that provision, the registrar shall notify any other persons referred to in that provision capable of making a request and anybody registered as a parent, other than the mother, of the child, as the case may be.

(7) When a birth is being re-registered under this section, the register shall be signed by—

(a) the mother of the child, if she has made, or joined in the making of, the request under subsection (1) or (2),

(b) the person declared by the court referred to in subsection (1) or (2) to be the parent of the child, if he or she has made, or joined in the making of, the request under that subsection, and

(c) the child to whom the registration relates, if he or she has reached the age of 18 where he or she has made, or joined in the making of the request concerned under subsection (1) or (2).

(8) The registrar shall notify the Superintendent Registrar of the registration area to which the registrar is assigned, who shall advise an tArd-Chláraitheoir of a request in that behalf, and an tArd-Chláraitheoir, on production to him or her of such evidence as he or she considers adequate to show that exceptional circumstances exist such that it is necessary for the relief of undue hardship, may direct the Superintendent Registrar to cause the birth to be re-registered notwithstanding that a person referred to in paragraph (a), (b) or (c) of subsection (7) has not signed the register.

(9) When a birth is re-registered under this section, the then existing entry relating to the birth shall be retained in the register.

(10) Where the person declared by the court referred to in subsection (1) or (2) to be the parent of the child is a male, he may be registered as the father of the child.”.

Miscellaneous amendments to Act of 2004

96. (1) Section 22 (1K) of the Act of 2004 is amended by the substitution of “(1B)(ii)” for “(1B)(b)(ii)”.

(2) Section 25A of the Act of 2004 is amended by the substitution of “(1K)” for “(1J)” in subsections (2) and (3).

Registrar may take and receive statutory declaration under Guardianship of Infants Act 1964

97. The Act of 2004 is amended by the insertion of the following section after section 27:

“27A. For the purposes of section 1(1)(d) of the Statutory Declarations Act 1938, a registrar may, during the period of 14 days immediately following the date on which the birth of a child is registered or re-registered, take and receive a statutory declaration made under section 2(4)(e) or 6B(4)(c) of the Guardianship of Infants Act 1964 in respect of the child.”.

Amendment of section 44C(2) of Act of 2004

98. Section 44C(2) of the Act of 2004 is amended by the insertion of the following subparagraph after subparagraph (xii):

“(xiiA) forename and birth surname of parent of deceased;”.

Amendment of First Schedule to Act of 2004

99. The First Schedule to the Act of 2004 is amended—

(a) by the insertion in Part 1 of the following after “Birth surname of father’s mother”:

“Forename(s) (if any) of parent.

Date of birth of parent.

Civil status of parent.

Personal public service number of parent.

Birth surname of parent’s mother.”,

and

(b) by the insertion in Part 2 of the following after “Birth surname of father’s mother”:

“Forename(s) (if any) of parent.

Date of birth of parent.

Civil status of parent.

Personal public service number of parent.

Birth surname of parent’s mother.”,

and

“Forename(s) and birth surname of parent of deceased”.

PART 10

Amendment to Passports Act 2008

100. Section 14 of the Passports Act 2008 is amended—

(a) by the substitution of the following for subsection (1):

“(1) Subject to this section, the Minister shall, before issuing a passport to a child, be satisfied on reasonable grounds that—

(a) where the child has 2 guardians, each guardian of the child, and

(b) where the child has more than 2 guardians, not fewer than 2 of those guardians,

consents to the issue of a passport to the child.”,

(b) in subsection (5) —

(i) by the insertion after “other guardian” in each place where it occurs of “or, if appropriate, the other guardians”, and

(ii) in paragraph (a), by the substitution of “any other guardian” for “that other guardian”,

and

“(5A) (a) Subject to this Act, and on application in that behalf to him or her in accordance with section 6 by a guardian of the child, the Minister may, without the consent to such issue of the other guardian or, if appropriate, the other guardians of the child, issue a passport to a child who is ordinarily resident outside the State, where—

(i) a court or competent judicial or administrative authority of the state of ordinary residence of the child takes a measure directing that a passport may be issued to the child without the consent to such issue of the other guardian or, if appropriate, the other guardians of the child, or

(ii) by operation of the law of the state of ordinary residence of the child, the requirements relating to the consent of the other guardian or, if appropriate, the other guardians of the child have been fulfilled.

(b) Paragraph (a) is without prejudice to paragraph 2 of Article 23 of the Convention.

‘Act of 2000’ means the Protection of Children (Hague Convention) Act 2000;

‘Convention’ has the meaning it has in section 1 of the Act of 2000;

‘guardian’, in relation to a child, includes a person exercising parental responsibility in respect of the child, within the meaning of paragraph 2 of Article 1 of the Convention;

‘measure’ has the meaning it has in section 1 of the Act of 2000;

‘state’ means a state that is another contracting state, within the meaning of section 1 of the Act of 2000.”.

PART 11

Amendments to Adoption Act 2010

Definition (Part 11)

101. F13[…]

Annotations

Amendments:

F13
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 3 of Principal Act

102. F14[…]

Annotations

Amendments:

F14
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 4 of Principal Act

103. F15[…]

Annotations

Amendments:

F15
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No 443 of 2017.

Amendment of section 11 of Principal Act

104. F16[…]

Annotations

Amendments:

F16
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 12 of Principal Act

105. F17[…]

Annotations

Amendments:

F17
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 16 of Principal Act

106. F18[…]

Annotations

Amendments:

F18
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 17 of Principal Act

107. F19[…]

Annotations

Amendments:

F19
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 18 of Principal Act

108. F20[…]

Annotations

Amendments:

F20
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

No pre-placement consultation required

109. F21[…]

Annotations

Amendments:

F21
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 20 of Principal Act

110. F22[…]

Annotations

Amendments:

F22
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 21 of Principal Act

111. F23[…]

Annotations

Amendments:

F23
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 30 of Principal Act

112. F24[…]

Annotations

Amendments:

F24
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 32 of Principal Act

113. F25[…]

Annotations

Amendments:

F25
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 33 of Principal Act

114. F26[…]

Annotations

Amendments:

F26
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 34 of Principal Act

115. F27[…]

Annotations

Amendments:

F27
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 37 of Principal Act

116. F28[…]

Annotations

Amendments:

F28
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 38 of Principal Act

117. F29[…]

Annotations

Amendments:

F29
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 40 of Principal Act

118. F30[…]

Annotations

Amendments:

F30
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 41 of Principal Act

119. F31[…]

Annotations

Amendments:

F31
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 43 of Principal Act

120. F32[…]

Annotations

Amendments:

F32
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 58 of Principal Act

121. F33[…]

Annotations

Amendments:

F33
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 59 of Principal Act

122. F34[…]

Annotations

Amendments:

F34
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 60 of Principal Act

123. F35[…]

Annotations

Amendments:

F35
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 61 of Principal Act

124. F36[…]

Annotations

Amendments:

F36
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 62 of Principal Act

125. F37[…]

Annotations

Amendments:

F37
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 68 of Principal Act

126. F38[…]

Annotations

Amendments:

F38
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 69 of Principal Act

127. F39[…]

Annotations

Amendments:

F39
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 78 of Principal Act

128. F40[…]

Annotations

Amendments:

F40
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 79 of Principal Act

129. F41[…]

Annotations

Amendments:

F41
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 97 of Principal Act

130. F42[…]

Annotations

Amendments:

F42
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 125 of Principal Act

131. F43[…]

Annotations

Amendments:

F43
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 144 of Principal Act

132. F44[…]

Annotations

Amendments:

F44
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of section 145 of Principal Act

133. F45[…]

Annotations

Amendments:

F45
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

Amendment of Schedule 3 to Principal Act

134. F46[…]

Annotations

Amendments:

F46
Deleted (19.10.2017) by Adoption (Amendment) Act 2017 (19/2017), s. 2(2), S.I. No. 443 of 2017.

PART 12

Amendments to Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

Amendment of section 2 of Act of 2010

135. Section 2 of the Act of 2010 is amended by the insertion of the following definitions:

“ ‘dependent child’ means a child who is—

(a) under the age of 18 years, or

(b) 18 years of age or over and—

(i) is, or will be or, if an order were made under this Act providing for periodical payments for his or her support, would be receiving full-time education or instruction at any university, college, school or other educational establishment and is under the age of 23 years, or

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for him or her to maintain himself or herself fully;

‘dependent child of the civil partners’, in relation to a couple who are civil partners of each other, or either of those civil partners, means a dependent child—

(a) of both civil partners, or adopted by both civil partners under the Adoption Act 2010, or in relation to whom both civil partners are in loco parentis, or

(b) of either civil partner, or adopted by either civil partner under the Adoption Act 2010, or in relation to whom either civil partner is in loco parentis, where the other civil partner, being aware that he or she is not the parent of the child, has treated the child as a member of the family;”.

Amendment of section 29 of Act of 2010

136. Section 29 of the Act of 2010 is amended in subsection (2) by the substitution of the following paragraph for paragraph (a):

“(a) the respective needs and resources of the civil partners and of any dependent child of the civil partners, and”.

Amendment of section 30 of Act of 2010

137. Section 30 of the Act of 2010 is amended—

(a) in subsection (1) —

(i) by the substitution of “depriving the applicant or a dependent child of the civil partners of his or her residence” for “depriving the applicant of his or her residence”, and

(ii) by the substitution of “in the interest of the applicant or such child” for “in the interest of the applicant”,

and

(b) in subsection (2) —

(i) by the substitution of “deprived the applicant or a dependent child of the civil partners of his or her residence” for “deprived the applicant of his or her residence”, and

(ii) by the substitution of “to compensate the applicant or such child” for “to compensate the applicant”.

Amendment of section 34 of Act of 2010

138. Section 34 of the Act of 2010 is amended—

(a) in subsection (1), by the substitution of “make it difficult for the applicant or a dependent child of the civil partners to reside” for “make it difficult for the applicant to reside”, and

(b) in subsection (4) —

(i) by the substitution of “place the applicant or a dependent child of the civil partners” for “place the applicant”, and

(ii) in paragraph (b), by the substitution of “make it difficult for the applicant or a dependent child of the civil partners to reside” for “make it difficult for the applicant to reside”.

Amendment of section 43 of Act of 2010

139. Section 43 of the Act of 2010 is amended in subsection (1), in the definition of “maintenance creditor”, by the substitution of “means the person who” for “means the civil partner who”.

Amendment of section 45 of Act of 2010

140. Section 45 of the Act of 2010 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) (a) Subject to subsection (3), where it appears to the court, on application to it by a civil partner, that the other civil partner has failed to provide maintenance for the applicant civil partner and any dependent child of the civil partners that is proper in the circumstances, the court may make an order that the other civil partner make to the applicant periodical payments for the support of the applicant and the dependent child of the civil partners, for the period during the lifetime of the applicant, of the amount and at the times that the court may consider proper.

(b) Subject to subsection (3), where a civil partner—

(i) is dead,

(ii) has deserted, or has been deserted by, the other civil partner, or

(iii) is living separately and apart from the other civil partner,

and there is a dependent child of the civil partners (not being a child who is being fully maintained by either civil partner), then, if it appears to the court, on application to it by any person, that the surviving civil partner or, as the case may be, either civil partner has failed to provide such maintenance for the dependent child of the civil partners as is proper in the circumstances, the court may make an order that that civil partner make to that person periodical payments, for the support of the dependent child, for such period during the lifetime of that person, of such amount and at such times, as the court may consider proper.

(c) A maintenance order or a variation order shall specify each part of a payment under the order that is for the support of a dependent child of the civil partners and may specify the period during the lifetime of the person applying for the order for which so much of a payment under the order as is for the support of a dependent child of the civil partners shall be made.”,

and

(b) by the substitution of the following subsection for subsection (3):

“(3) The court, in deciding whether to make a maintenance order and, if it decides to do so, in determining the amount of any payment, shall have regard to all the circumstances of the case, including—

(a) the income, earning capacity, property and other financial resources of—

(i) the civil partners and any dependent child of the civil partners, and

(ii) any other dependent child of which either civil partner is a parent,

including income or benefits to which either civil partner or any such child is entitled by or under statute with the exception of a benefit or allowance or any increase in such benefit or allowance in respect of any dependent child granted to either parent of such child,

(b) the financial and other responsibilities of—

(i) the civil partners towards each other and towards any dependent child of the civil partners and the needs of any such child, including the need for care and attention,

(ii) each civil partner as a parent towards any other dependent child, and the needs of any such child, including the need for care and attention, and

(iii) each civil partner towards any former spouse or civil partner,

and

(c) in relation to a maintenance order or part of a maintenance order for the benefit of the civil partner, the conduct of each civil partner, if that conduct is such that, in the opinion of the court, it would in all the circumstances be unjust to disregard it.”.

Amendment of section 46 of Act of 2010

141. Section 46 of the Act of 2010 is amended—

(a) in subsection (1), by the substitution of “the person for whose support it provides” for “the maintenance creditor”, and

(b) by the insertion of the following subsections after subsection (3):

“(4) That part of a maintenance order which provides for the support of a dependent child shall stand discharged when the child ceases to be a dependent child by reason of his or her attainment of the age of 18 years or 23 years, as the case may be, and shall be discharged by the court, on application to it under subsection (1) or (2), if it is satisfied that the child has for any reason ceased to be a dependent child for the purposes of the order.

(5) Desertion by, or conduct of, a civil partner shall not be a ground for discharging or varying any part of a maintenance order that provides for the support of a dependent child of the civil partners.”.

Amendment of section 47 of Act of 2010

142. Section 47 of the Act of 2010 is amended by the substitution of “the needs of the persons for whose support the maintenance order is sought and the other circumstances” for “the needs of the applicant and the other circumstances”.

Amendment of section 48 of Act of 2010

143. Section 48 of the Act of 2010 is amended—

(a) in subsection (1), by the substitution of “the interests of the civil partners and any dependent child of the civil partners” for “the interests of the civil partners”,

(b) in subsection (2)(a), by the substitution of “the other civil partner or of any dependent child of the civil partners or of both that other civil partner and any dependent child of the civil partners” for “the other civil partner”, and

(c) in subsection (3), by the substitution of “sections 50 and 51, Part 6 and section 140” for “section 50, Part 6 and section 140”.

Amendment of section 51 of Act of 2010

144. Section 51 of the Act of 2010 is amended—

(a) in subsection (1), by the substitution of “on making a maintenance order or a variation order” for “on making a maintenance order under section 45”, and

(b) by the insertion of the following subsection after subsection (2):

Amendment of section 52 of Act of 2010

145. Section 52 of the Act of 2010 is amended by the substitution of “on making a maintenance order or a variation order” for “on making a maintenance order under section 45”.

Failure to make payments and certificate of outstanding payments

146. The Act of 2010 is amended by the insertion of the following sections in Part 5 after section 52:

“Failure to make payments to be contempt of court

52A. (1) Subject to this section it shall be contempt of court for a maintenance debtor to fail to make a payment due under an antecedent order.

(2) As respects a contempt of court arising pursuant to this section, a judge of the District Court shall, subject to this section, have such powers, including the power to impose a sanction, as are exercisable by a judge of the High Court in relation to contempt of court in proceedings before the High Court.

(3) Where a payment under an antecedent order made by the District Court has not been made, the maintenance creditor may apply to the District Court clerk concerned for the issue of a summons directing the maintenance debtor to appear before the District Court.

(4) A summons referred to in subsection (3) shall—

(a) be issued by the District Court clerk concerned,

(b) contain a statement that failure to make a payment in accordance with the order concerned constitutes a contempt of court and giving details of the consequences of the court finding that a contempt of court has taken place including in particular the possibility of imprisonment,

(c) state that the maintenance debtor may be arrested if he or she fails to appear before the District Court as directed in the summons, and

(d) be served on the maintenance debtor personally, or in such other manner authorised by a judge of the District Court.

(5) If the maintenance debtor fails, without reasonable excuse, to appear before the court in answer to the summons, the judge of the District Court, on the application of the maintenance creditor, shall, if satisfied that the debtor was served with the summons, issue a warrant for the arrest of the maintenance debtor.

(6) A maintenance debtor arrested pursuant to a warrant issued under subsection (5) shall be brought as soon as practicable before the District Court.

(7) Where a maintenance debtor is arrested and brought before the District Court under subsection (6), the judge shall fix a new date for the hearing of the summons and direct that the creditor be informed by the District Court by notice in writing of the date so fixed, and shall explain to the debtor in ordinary language—

(a) that he or she is required to attend before the court at the date next fixed for the hearing of the summons,

(b) that failure to attend may in itself constitute a contempt of court and the consequences of such contempt, including in particular the possibility of imprisonment, and that such contempt and the consequences which may follow are in addition to the consequences arising by reason of failure to make a payment under the antecedent order, and

(8) At the hearing of the summons, before hearing evidence from any party the judge shall explain to the debtor in ordinary language—

(a) the consequences, and in particular the possibility of imprisonment, which may follow a failure to make a payment in accordance with an antecedent order, and

(b) unless the maintenance debtor has already been so informed under subsection (7), that he or she is entitled to apply for legal advice and legal aid under the Civil Legal Aid Act 1995.

(9) On the hearing of the summons, having given to the maintenance debtor the explanations referred to in subsection (8), having given the maintenance debtor an opportunity to apply for legal advice and legal aid, and having heard such evidence as may be adduced by the maintenance creditor and the maintenance debtor, if the judge is satisfied that the payment concerned has not been made, and—

(a) that the failure to make the payment concerned is due to—

(i) the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later), or

(ii) some other reason not attributable to any act or omission of the maintenance debtor,

the judge may, where he or she believes that to do so would improve the likelihood of the payment concerned being made within a reasonable period, adjourn the hearing—

(I) to enable the outstanding payment to be made, or

(II) to enable an application to be made for an attachment of earnings order under section 53,

(b) that the failure to make the payment concerned is due to the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later) the judge may, where the antecedent order was made by the District Court, treat the hearing as an application to vary the antecedent order, and having heard evidence as to the financial circumstances of both the maintenance debtor and the maintenance creditor, make an order varying the antecedent order.

(10) Where on the hearing of the summons, having given to the maintenance debtor the explanations referred to in subsection (8), having given the maintenance debtor an opportunity to apply for legal advice and legal aid, and having heard such evidence as may be adduced by the maintenance creditor and the maintenance debtor, the judge is satisfied that the payment concerned has not been made and that the failure to make the payment concerned is not due to—

(a) the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later), or

(b) some other reason not attributable to any act or omission of the maintenance debtor,

the judge may treat the failure by the maintenance debtor to make the payment concerned as constituting contempt of court and the judge may deal with the matter accordingly.

(11) Where a maintenance debtor to whom subsection (7) applies does not attend court on the date fixed for the hearing of the summons the judge may treat such failure to attend court as constituting contempt of court and the judge may deal with the matter accordingly.

(12) In this section ‘financial circumstances’ means, in relation to a person—

(a) the amount of the person’s annual income,

(b) the aggregate value of all property (real and personal) belonging to the person,

(c) the aggregate of all liabilities of the person including any duty (moral or legal) to provide financially for members of his or her family or other persons,

(d) the aggregate of all monies owing to the person, the dates upon which they fall due to be paid and the likelihood of their being paid, and

(e) such other circumstances as the court considers appropriate.

(13) This section does not apply unless the antecedent order concerned was actually made by the District Court.

Certificate of outstanding payments

52B. Where, pursuant to section 50, a court has made a maintenance order, a variation order or an interim order and directed that payments under the order be made to the District Court clerk, in any proceedings under this Act or under the Enforcement of Court Orders Acts 1926 to 2009, a certificate purporting to be signed by the relevant District Court clerk as to the amount of monies outstanding on foot of such order shall, until the contrary is shown, be evidence of the matters stated in the certificate.”.

Birth and funeral expenses of dependent child

147. The Act of 2010 is amended by the insertion of the following section in Part 7 after section 67:

“Birth and funeral expenses of dependent child

67A. (1) The court may make an order (in this section referred to as a ‘lump sum order’) where it appears to the court on application by a civil partner in relation to a dependent child of the civil partners that the other civil partner has failed to make such contribution as is proper in the circumstances towards the expenses incidental to either or both—

(a) the birth of a child who is a dependent child or who would have been a dependent child were he or she alive at the time of the application for a lump sum order,

(b) the funeral of a child who was a dependent child or who would have been a dependent child had he or she been born alive,

and any lump sum order shall direct the respondent civil partner to pay to the applicant a lump sum not exceeding €4,000, but no such order shall direct the payment of an amount exceeding €2,000 in respect of the birth of a child to whom this section relates or €2,000 in respect of the funeral of such a child.

(2) Subsection (3) of section 45 shall apply for the purpose of determining the amount of any lump sum under this section as it applies for the purpose of determining the amount of any payment under that section.

(3) (a) Nothing in this section, apart from this subsection, shall prejudice any right of a person otherwise to recover moneys expended in relation to the birth or funeral of a child.

(b) Where an application for a lump sum order has been determined, the applicant shall not be entitled otherwise to recover from the respondent moneys in relation to matters so determined.”.

Custody of dependent children of civil partners after decree of nullity

148. The Act of 2010 is amended by the insertion of the following section in Part 11 after section 108:

“Custody of dependent children of civil partners after decree of nullity

108A. Where the court grants a decree of nullity, it may declare either of the civil partners concerned to be unfit to have custody of any dependent child of the civil partners who is under the age of 18 years and, if it does so and the civil partner to whom the declaration relates is a parent of any dependent child of the civil partners who is under the age of 18 years, that civil partner shall not, on the death of the other civil partner, be entitled as of right to the custody of that child.”.

Amendment of section 109 of Act of 2010

149. Section 109 of the Act of 2010 is amended—

(a) in subsection (1) —

(i) in the definition of “lump sum order”, by the substitution of “paragraph (c) or (ca) of section 117(1) ” for “section 117(1)(c) ”,

(ii) in the definition of “periodical payments order”, by the substitution of “paragraph (a) or (aa) of section 117(1)” for “section 117(1)(a) ”,

(iii) in the definition of “secured periodical payments order”, by the substitution of “paragraph (b) or (ba) of section 117(1) ” for “section 117(1)(b) ”, and

(iv) by the insertion of the following definition:

“ ‘Act of 1964’ means the Guardianship of Infants Act 1964;”,

and

(b) in subsection (2) —

(i) in paragraph (b), by the substitution of “under this Part,” for “under this Part, and”,

(ii) in paragraph (c), by the substitution of “under this Part, and” for “under this Part.”, and

(iii) by the insertion of the following paragraph after paragraph (c):

“(d) a reference to an application to a court by a person on behalf of a dependent child of the civil partners includes a reference to such an application by such a child and a reference to a payment, the securing of a payment, or the assignment of an interest, to a person for the benefit of a dependent child of the civil partners includes a reference to a payment, the securing of a payment, or the assignment of an interest, to such a child.”.

Amendment of section 110 of Act of 2010

150. The Act of 2010 is amended by the substitution of the following for section 110:

“110. (1) Subject to the provisions of this Part, the court may, on application to it in that behalf by either of the civil partners, grant a decree of dissolution in respect of a civil partnership if it is satisfied that—

(a) at the date of the institution of the proceedings, the civil partners have lived apart from one another for a period of, or periods amounting to, at least two years during the previous three years, and

(b) provision that the court considers proper having regard to the circumstances exists or will be made for the civil partners and any dependent child of the civil partners.

(2) Upon the grant of a decree of dissolution, the court may, where appropriate, give such directions under section 11 of the Act of 1964 as it considers proper regarding the best interests (within the meaning of that Act) or custody of, or right of access to, any dependent child of the civil partners concerned who is under the age of 18 years as if an application had been made to it in that behalf under that section.”.

Amendment of section 113 of Act of 2010

151. Section 113 of the Act of 2010 is amended—

(a) by designating the section as subsection (1), and

(b) by the insertion of the following subsection after subsection (1):

“(2) For the avoidance of doubt, it is hereby declared that the grant of a decree of dissolution shall not affect the rights of the parents of a child, under section 6 or 6B of the Act of 1964, to be guardians of the child jointly.”.

Amendment of section 115 of Act of 2010

152. Section 115 of the Act of 2010 is amended—

(a) in paragraph (a), by the substitution of “of this Act;” for “of this Act; and”,

(b) in paragraph (b), by the substitution of “or section 34; and” for “or section 34.”, and

“(c) an order under section 11 of the Act of 1964.”.

Amendment of section 116 of Act of 2010

153. Section 116 of the Act of 2010 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) Where an application is made to the court for the grant of a decree of dissolution, the court may make an order requiring either of the civil partners to make to the other periodical payments or lump sum payments for his or her support and, where appropriate, to make to such person as may be specified in the order such periodical payments for the benefit of any dependent child of the civil partners that the court considers proper and specifies in the order.”,

and

(b) by the insertion of the following subsection after subsection (2):

“(3) The court may provide that payments under this section shall be subject to such terms and conditions as it considers appropriate and specifies in the order.”.

Amendment of section 117 of Act of 2010

154. Section 117 of the Act of 2010 is amended—

(a) in subsection (1) —

(i) by the substitution of “by either of the civil partners concerned or by a person on behalf of a dependent child of the civil partners may” for “by either of the civil partners may”,

(ii) by the insertion of the following paragraph after paragraph (a):

“(aa) an order that either of the civil partners make to such person as may be specified in the order for the benefit of any dependent child of the civil partners the periodical payments in the amounts, during the period and at the times that may be specified in the order;”,

(iii) in paragraph (b), by the substitution of “may be specified in the order;” for “may be specified in the order; and”,

(iv) by the insertion of the following paragraph after paragraph (b):

“(ba) an order that either of the civil partners secure, to the satisfaction of the court, to such person as may be specified in the order for the benefit of any dependent child of the civil partners the periodical payments in the amounts, during the period and at the times that may be specified in the order;”,

(v) in paragraph (c), by the substitution of “may be specified in the order; and” for “may be specified in the order.”,

(vi) by the insertion of the following paragraph after paragraph (c):

“(ca) an order that either of the civil partners make to such person as may be specified in the order for the benefit of any dependent child of the civil partners a lump sum payment or lump sum payments in the amount or amounts and at the time or times that may be specified in the order.”,

(b) by the substitution of the following subsection for subsection (2):

“(2) The court may order a civil partner to pay a lump sum—

(a) to the other civil partner to meet any liabilities or expenses reasonably incurred by the other civil partner in maintaining himself or herself or any dependent child of the civil partners before the making of an application by the other civil partner for an order under subsection (1), or

(b) to such person that may be specified in the order to meet any liabilities or expenses reasonably incurred by or for the benefit of a dependent child of the civil partners before the making of an application on behalf of the dependent child of the civil partners for an order under subsection (1).”,

“(4A) The period specified in an order under subsection (1)(aa) or (ba) shall begin not earlier than the date of the application for the order and shall end not later than the death of the civil partner against whom the order was made or the death of the dependent child of the civil partners in whose favour the order was made, whichever first occurs.”,

and

(d) in subsection (7), by the substitution of “paragraph (a) or (aa) of subsection (1)” for “subsection (1)(a) ” wherever it occurs.

Amendment of section 118 of Act of 2010

155. Section 118 of the Act of 2010 is amended in subsection (1) —

(a) by the substitution of “either of the civil partners or by a person on behalf of a dependent child of the civil partners may” for “either of the civil partners may”,

(b) in paragraph (a), by the substitution of “to the other, to any dependent child of the civil partners or to any other specified person for the benefit of such a child” for “to the other”,

(c) in paragraph (b), by the substitution of “of the other and of any dependent child of the civil partners or any or all of those persons” for “of the other”, and

(d) in paragraph (c), by the substitution of “one of the civil partners and of any dependent child of the civil partners or any or all of those persons” for “one of the civil partners”.

Amendment of section 119 of Act of 2010

156. Section 119 of the Act of 2010 is amended—

(a) in subsection (1) —

(i) by the substitution of “either of the civil partners or a person on behalf of a dependent child of the civil partners may” for “either of the civil partners may”,

(ii) in paragraph (d), by the substitution of “Part 9;” for “Part 9; and”,

(iii) by the substitution of the following paragraph for paragraph (e):

“(e) an order under section 31 of the Land and Conveyancing Law Reform Act 2009; and”,

and

(iv) by the insertion of the following paragraph after paragraph (e):

“(f) an order under section 11 of the Act of 1964”,

and

(b) in subsection (2) —

(i) by the substitution of “welfare of the civil partners and any dependent child of the civil partners” for “welfare of the civil partners”, and

(ii) in paragraph (b), by the substitution of “other civil partner and for any dependent child of the civil partners” for “other civil partner”.

Amendment of section 120 of Act of 2010

157. Section 120 of the Act of 2010 is amended—

(a) in subsection (1) —

(i) by the substitution of “in that behalf by either of the civil partners or by a person on behalf of a dependent child of the civil partners” for “in that behalf by either of the civil partners”,

(ii) by the substitution of the following paragraph for paragraph (a):

“(a) an order, on the application of either of the civil partners, requiring the other civil partner to effect a policy of life insurance for the benefit of the applicant civil partner or a dependent child of the civil partners;”,

(iii) by the insertion of the following paragraph after paragraph (a):

“(aa) an order, on the application of a person on behalf of a dependent child of the civil partners, requiring either of the civil partners to effect such a policy of life insurance for the benefit of the dependent child;”,

(iv) by the substitution of the following paragraph for paragraph (b):

“(b) an order, on the application of one civil partner, requiring the other civil partner to assign to the applicant civil partner, or to such person as may be specified in the order for the benefit of a dependent child of the civil partners, the whole or a specified part of the interest in a policy of life insurance that the other civil partner has effected or that both of the civil partners have effected;”,

(v) by the insertion of the following paragraph after paragraph (b):

“(ba) an order, on the application of a person on behalf of a dependent child of the civil partners, requiring either civil partner or both civil partners to assign to a person specified in the order for the benefit of the dependent child of the civil partners the whole or a specified part of the interest in a policy of life insurance that either civil partner has effected or that both of the civil partners have effected; and”,

and

(vi) by the substitution of the following paragraph for paragraph (c):

“(c) an order—

(i) on the application of a civil partner, requiring the other civil partner, or

(ii) on the application of a person on behalf of a dependent child of the civil partners, requiring either or both of the civil partners,

to make or to continue to make to the person by whom a policy of life insurance is or was issued the payments which he or she or both of the civil partners is or are required to make under the terms of the policy.”,

(b) in subsection (2) —

(i) in paragraph (a), by the substitution of “applicant civil partner or the dependent child of the civil partners” for “applicant”, and

(ii) in paragraph (b), by the substitution of “applicant civil partner or the dependent child of the civil partners, as the case may be,” for “applicant”,

(c) in subsection (3), by the substitution of “for the civil partner concerned or any dependent child of the civil partners concerned” for “for the civil partner concerned”, and

(d) in subsection (4), by the substitution of “death of the applicant civil partner in whose favour the order was made in so far as it relates to him or her” for “death of the applicant”.

Amendment of section 121 of Act of 2010

158. Section 121 is amended—

(a) by the substitution of the following subsection for subsection (2):

“(2) On granting a decree of dissolution or at any other time after it is granted, the court, on application to it in that behalf by either of the civil partners or by a person on behalf of a dependent child of the civil partners, may during the lifetime of a member civil partner, make an order providing for the payment, in accordance with this section and sections 122 to 126, to—

(a) the other civil partner, or

(b) a person specified in the order for the benefit of a dependent child of the civil partners for so long as that child remains a dependent child of the civil partners,

of a benefit consisting of the part of the benefit that is payable (or that, but for the making of the decree, would have been payable) under the scheme and has accrued at the time of the making of the decree, or of the part of that part that the court considers appropriate.”,

(b) in subsection (3)(b), by the substitution of “the other civil partner or to the person on behalf of the dependent child of the civil partners, as the case may be” for “the other civil partner”,

“(5) On granting a decree of dissolution or at any time within one year after it is granted, the court, on application to it in that behalf by either of the civil partners or by a person on behalf of a dependent child of the civil partners, may make an order providing for the payment, on the death of the member civil partner, to—

(a) the other civil partner, or

(b) a person specified in the order for the benefit of a dependent child of the civil partners,

of that part of a contingent benefit that is payable (or that, but for the making of the decree, would have been payable) under the scheme, or of the part of that part, that the court considers appropriate.”,

and

(d) in subsection (7), by the substitution of “member or for a dependent child of the civil partners concerned under” for “member under”.

Amendment of section 122 of Act of 2010

159. Section 122 of the Act of 2010 is amended—

(a) in subsection (2), by the substitution of “applicant civil partner in whose favour the order was made in so far as the order relates to him or her” for “applicant”, and

(b) by the insertion of the following subsection after subsection (2):

“(2A) Where the court makes an order under section 121(2), or under section 131(3) in relation to an order under section 121(2), for the benefit of a dependent child of the civil partners and the child dies before payment of the designated benefit has commenced, the order shall cease to have effect in so far as it relates to him or her.”.

Amendment of section 123 of Act of 2010

160. Section 123 of the Act of 2010 is amended—

(a) in subsection (4), by the substitution of “provide for the payment to the person in whose favour the order was made” for “provide for the payment to the other civil partner”,

(b) in subsection (5), by the substitution of the following paragraph for paragraph (a):

“(a) if the trustees and the person in whose favour the order was made so agree, in providing a benefit for or in respect of that person that is of the same actuarial value as the transfer amount, or”,

and

(i) by the substitution of “person in whose favour the order was made” for “civil partner who is not the member”, and

(ii) by the substitution of “that person” for “that civil partner”.

Amendment of section 124 of Act of 2010

161. Section 124 of the Act of 2010 is amended in subsection (2) by the substitution of “to the other civil partner or other person concerned” for “to the other civil partner”.

Amendment of section 125 of Act of 2010

162. Section 125 of the Act of 2010 is amended—

(a) in subsection (1), by the substitution of “including by the member civil partner or by the other person concerned or by both of them” for “including by one or the other of the civil partners or by both of them”, and

(b) in subsection (2) —

(i) by the substitution of “paid by a person” for “paid by a civil partner”,

(ii) by the substitution of “payable to the person” for “payable to the civil partner”,

(iii) by the substitution of the following paragraph for paragraph (a):

“(a) pursuant to an order made under section 121, if the person is the beneficiary of the order; and”,

and

(iv) by the substitution of the following paragraph for paragraph (b):

“(b) pursuant to the scheme, if the person is the member civil partner.”.

Amendment of section 129 of Act of 2010

163. Section 129 of the Act of 2010 is amended—

(a) in subsection (1), by the substitution of “for the civil partners and any dependent child of the civil partners concerned” for “for the civil partners”,

(b) in subsection (2) —

(i) by the substitution of the following paragraph for paragraph (c):

“(c) the standard of living enjoyed by the civil partners and any dependent child of the civil partners before the proceedings were instituted or before the civil partners commenced to live apart;”,

(ii) by the substitution of the following paragraph for paragraph (f):

“(f) the contributions that each of the civil partners has made or is likely to make in the foreseeable future to the welfare of the civil partners and any dependent child of the civil partners, including any contribution made by each of them to the income, earning capacity, property and financial resources of the other, and any contribution made by either of them by looking after the shared home or caring for the other civil partner or any dependent child of the civil partners;”,

and

(iii) in paragraph (g), by the substitution of “the shared home or to care for the other civil partner or any dependent child of the civil partners” for “the shared home”,

and

“(3A) In deciding whether to make an order referred to in subsection (1) in favour of a dependent child of the civil partners concerned and in determining the provisions of such an order, the court shall, in particular, have regard to the following matters:

(a) the financial needs of the child;

(b) the income, earning capacity (if any), property and other financial resources of the child;

(d) any income or benefits to which the child is entitled by or under statute;

(e) the manner in which the child was being, and in which the civil partners concerned anticipated that the child would be, educated or trained;

(f) the matters specified in paragraphs (a), (b) and (c) of subsection (2) and subsection (3) ;

(g) the accommodation needs of the dependent child.”.

Amendment of section 131 of Act of 2010

164. Section 131 of the Act of 2010 is amended—

(a) in subsection (2)(b), by the substitution of “in the matter or a person on behalf of a dependent child of the civil partners concerned” for “in the matter”,

(b) by the insertion of the following subsection after subsection (4):

“(4A) Without prejudice to the generality of section 116 or 117, that part of an order to which this section applies which provides for the making of payments for the support of a dependent child of the civil partners shall stand discharged if he or she ceases to be a dependent child of the civil partners by reason of his or her attainment of the age of 18 years or 23 years, as the case may be, and shall be discharged by the court, on application to it under subsection (2), if it is satisfied that the child has for any reason ceased to be a dependent child of the civil partners.”,

and

(c) in subsection (7), by the substitution of “civil partner concerned or a dependent child of the civil partners concerned” for “civil partner concerned”.

Restriction in relation to orders for benefit of dependent children of civil partners

165. The Act of 2010 is amended by the insertion of the following section after section 131:

“131A. The court shall not have regard to the conduct of the civil partner or civil partners concerned of the kind specified in section 129(2)(i) in deciding whether—

(a) to include in an order under section 116 a provision requiring the making of periodical payments for the benefit of a dependent child of the civil partners,

(b) to make an order under paragraph (aa), (ba) or (ca) of section 117(1), or

(c) to make an order under section 131 varying, discharging or suspending a provision referred to in paragraph (a) or an order referred to in paragraph (b).”.

Amendment of section 133 of Act of 2010

166. Section 133 of the Act of 2010 is amended by the substitution of “117(1)(a), (aa), (b) or (ba) ” for “117(a) or (b) ”.

Amendment of section 137 of Act of 2010

167. Section 137 of the Act of 2010 is amended in subsection (1) in the definition of “relief” by the substitution of the following paragraph for paragraph (a):

“(a) preventing the relief being granted to the person concerned, whether for the benefit of the person or of a dependent child of the civil partners concerned,”.

Amendment of section 138 of Act of 2010

168. Section 138 of the Act of 2010 is amended by the substitution of “under this Part or under the Act of 1964, or for a dependent child of the civil partners of such a civil partner” for “under this Part”.

Amendment of section 140 of Act of 2010

169. Section 140 of the Act of 2010 is amended in paragraph (a) of subsection (2), by the substitution of “for support of a civil partner or €150 per week for the support of a dependent child of the civil partners” for “for support of a civil partner”.

Custody of dependent children and social reports

170. The Act of 2010 is amended by the insertion of the following sections after section 141:

“Custody of dependent children of civil partners after decree of dissolution

141A. Where the court grants a decree of dissolution (within the meaning of Part 12), it may declare either of the civil partners concerned to be unfit to have custody of any dependent child of the civil partners who is under the age of 18 years and, if it does so and the civil partner to whom the declaration relates is a parent of any dependent child of the civil partners who is under the age of 18 years, that civil partner shall not, on the death of the other civil partner, be entitled as of right to the custody of that child.

Social reports

141B. Section 47 of the Family Law Act 1995 shall apply to proceedings under this Act.”.

Amendment of section 142 of Act of 2010

171. Section 142 of the Act of 2010 is amended by the substitution of the following subsection for subsection (1):

“(1) In civil partnership law proceedings under section 45, 46, 47, 50, 117, 118, 119(1)(a) or (b), 120, 121 to 126, 127 or 131 each party to the proceedings shall give to the other party such particulars of his or her financial circumstances, including property and income, and in so far as is practicable, the financial circumstances of his or her dependent children, as may reasonably be required for the purpose of the proceedings.”.

Orders under Family Law (Maintenance of Spouses and Children) Act 1976

172. Part 15 of the Act of 2010 is amended by the insertion of the following section after section 196:

“Orders under Family Law (Maintenance of Spouses and Children) Act 1976

196A. The court may, on the application of a party to proceedings under this Part, make an order under section 5A or 5B of the Family Law (Maintenance of Spouses and Children) Act 1976, where applicable, in respect of the other party to the proceedings.”.

PART 13

Miscellaneous Consequential Amendments to Other Acts

Amendment of section 2 of Redundancy Payments Act 1967

173. Section 2 of the Redundancy Payments Act 1967is amended in subsection (1) by the substitution of the following definition for the definition of “adopting parent”:

“ ‘adopting parent’ means an employee who is an adopting parent within the meaning of the Adoptive Leave Act 1995;”.

Amendment of section 1 of Unfair Dismissals Act 1977

174. Section 1 of the Unfair Dismissals Act 1977 is amended by the substitution of the following definition for the definition of “adopting parent”:

“ ‘adopting parent’ means an employee who is an adopting parent within the meaning of the Adoptive Leave Act 1995;”.

Amendment of section 20 of Child Care Act 1991

175. Section 20 of the Child Care Act 1991 is amended in subsection (1) —

(a) in paragraph (b), by the substitution of “1995,” for “1995, or”,

(b) in paragraph (c), by the substitution of “1996, or” for “1996,”, and

“(d) section 110(2), 115(c) or 141A of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010,”.

Amendment of Maternity Protection Act 1994

176. The Maternity Protection Act 1994 is amended—

(a) in section 2—

(i) in subsection (1), by the insertion of the following definitions:

“ ‘Act of 2015’ means the Children and Family Relationships Act 2015;

‘expectant father’ shall be construed in accordance with subsection (1A) (inserted by section 176 of the Act of 2015);

‘other parent’ means a person (other than the mother) who is, under section 5 of the Act of 2015, a parent of a child;”,

and

(ii) by the insertion of the following subsection after subsection (1):

“(1A) In this Act, a reference to an expectant father includes a person who has given his or her consent in accordance with section 11 of the Act of 2015 to a DAHR procedure (within the meaning of section 4 of that Act) where that procedure results in a pregnancy.”,

(b) in section 16—

(i) by the substitution of “father or other parent, as the case may be,” for “father” in each place it occurs, and

(ii) in subsection (6), by the substitution of “the father’s or the other parent’s” for “the father’s”,

(i) by the substitution of “father or other parent” for “father” in each place it occurs, and

(ii) in subsection (2), by the substitution of “the father’s sickness or the other parent’s sickness” for “the father’s sickness”,

(d) in section 16B—

(i) by the substitution of “father or other parent” for “father” in each place it occurs, and

(ii) in subsection (10), by the substitution of “the father’s leave or the other parent’s leave” for “a father’s leave”,

(e) in section 21, by the substitution of “father or other parent” for “father” in each place it occurs, and

(f) in section 31, by the substitution in subsection (1)(a)(iii) of “father or other parent” for “father”.

Amendment of section 2 of Adoptive Leave Act 1995

177. F47[…]

Annotations:

Amendments:

F47
Repealed (1.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021), s. 3, S.I. No. 148 of 2021.

Amendment of section 6 of Parental Leave Act 1998

178. Section 6 of the Parental Leave Act 1998 is amended in subsection (9) (amended by section 2 of the Parental Leave (Amendment) Act 2006) in the definition of “relevant parent” by the substitution of the following paragraph for paragraph (a):

“(a) the parent, the adoptive parent or the adopting parent in respect of the child, or”.

Amendment of section 3 of Protection of Children (Hague Convention) Act 2000

179. Section 3 of the Protection of Children (Hague Convention) Act 2000 is amended in subsection (2) by the deletion of paragraph (e).

Amendment of section 2 of Student Support Act 2011

180. Section 2 of the Student Support Act 2011 is amended in the definition of “parent” by the substitution of “guardian appointed under the Guardianship of Infants Act 1964, other than a temporary guardian appointed under section 6E of that Act” for “guardian appointed under the Guardianship of Children Acts 1964 to 1997”.

S.I. No. 17/2016 –

District Court (Children and Family Relationships Act 2015) Rules 2016.

View SIAmendments
Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th January, 2016.

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 34 of the Courts (Supplemental Provisions) Act 1961 , section 24 of the Interpretation Act 2005 , and section 21 of the Children and Family Relationships Act 2015 and of all other powers enabling them in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the following rules of court.

Dated this 28th day of September 2015.

Rosemary Horgan Chairperson

Shane McCarthy

Grainne Larkin

Roy Pearson

Noel A Doherty

I concur in the making of the following rules of court.

Dated this 17th day of January 2016.

FRANCES FITZGERALD

Minister for Justice and Equality

S.I. No. 17 of 2016

DISTRICT COURT (CHILDREN AND FAMILY RELATIONSHIPS ACT 2015) RULES 2016

1. (1) These Rules, which shall come into operation on the 18th day of January 2016, may be cited as the District Court (Children and Family Relationships Act 2015) Rules 2016.

(2) These Rules shall be construed together with the District Court Rules 1997 ( S.I. No. 93 of 1997 ) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2016.

2. The District Court Rules 1997 ( S.I. No. 93 of 1997 ) are amended:

(i) by the substitution for Order 54 of the Order set out in Schedule 1;

(ii) by the substitution for Order 54A of the Order set out in Schedule 2;

(iii) by the substitution for Order 57 of the Order set out in Schedule 3;

(iv) by the substitution for Order 58 of the Order set out in Schedule 4, and

(v) by the substitution in rule 1 of Order 98 for the definition therein of “competent authority” of the following definition—

“ “competent authority”, in relation to one parent family payment, supplementary welfare allowance, deserted wifes benefit and deserted wifes allowance, means the Minister for Social Protection.”.

3. (1) The forms in Schedule 5 shall be substituted for the forms bearing the like numbers respectively in Schedule C to the District Court Rules 1997 ( S.I. No. 93 of 1997 ).

(2) The forms numbered 58.5, 58.15 and 58.16 shall be deleted from the forms in Schedule C to the District Court Rules 1997 ( S.I. No. 93 of 1997 ).

(3) The forms in Schedule 6 shall be added to Schedule C to the District Court Rules 1997 ( S.I. No. 93 of 1997 ) in the appropriate sequence.

Schedule 1

“Order 54

Maintenance of spouses and children

Definitions.

1. In this Order—

“the Act” 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);

“the Act of 1995” means the Family Law Act, 1995 (No. 26 of 1995);

“the Act of 1996” means the Family Law (Divorce) Act, 1996 (No.33 of 1996);

“Act of 2015” means the Children and Family Relationships Act 2015 (No. 9 of 2015);

“competent authority” has the meaning assigned to it in Order 98.

Venue.

2. (1) Subject to the provisions of Order 41B, proceedings under the Act may be brought, heard or determined at any sitting of the Court for the court area where either party to the proceedings ordinarily resides or carries on any profession, business or occupation.

(2) Where however the Clerk, having consulted the Judge for the time being assigned to the district within which such area is situate, certifies on a summons or a notice of application that the proceedings are urgent, the summons or notice may be issued for, and the proceedings may be heard and determined at, any sitting of the Court in that district.

Hearing to be otherwise than in public.

3. Proceedings under the Act shall be heard otherwise than in public and only officers of the Court, the parties and their legal representatives, witnesses (subject to the provisions of Order 8, rule 2) and such other persons as the Judge in his or her discretion shall allow, shall be permitted to be present at the hearing.

Applications for maintenance orders.

4. (1) An application for a maintenance order under section 5(1)(a) or 5(1)(b) of the Act shall be preceded by the issue and service upon the respondent of a summons in the Form 54.1 or 54.2 Schedule C, as appropriate.

(2) An application for a maintenance order under section 5A(1) or 5A(2) of the Act (inserted by section 18 of the Act of 1987) shall be preceded by the issue and service upon the respondent of a summons in the Form 54.3 or 54.4 Schedule C, as appropriate.

(3) The order of the Court granting such application shall be in the Form 54.5, 54.6, 54.7 or 54.8 Schedule C, as appropriate.

(4) An application for a maintenance order under section 5B(2) of the Act (inserted by section 73 of the Act of 2015) shall be preceded by the issue and service upon the respondent of a summons in the Form 54.30, Schedule C. The order of the Court granting such application shall be in the Form 54.31, Schedule C.

(5) An application for a maintenance order under section 5C(2) of the Act (inserted by section 73 of the Act of 2015) shall be preceded by the issue and service upon the respondent of a summons in the Form 54.32, Schedule C. The order of the Court granting such application shall be in the Form 54.33, Schedule C.

Application to discharge maintenance.

5. An application by a maintenance debtor for the discharge of a maintenance order under section 6(1)(a) of the Act or for the discharge of part of such order under section 6(3) of the Act shall be preceded by the issue and service upon the maintenance creditor of a summons in the Form 54.9 Schedule C. The order of the Court granting the application shall be in the Form 54.10 Schedule C.

Application to discharge or vary order.

6. An application by either party to the proceedings under section 6(1)(b) of the Act to discharge or vary a maintenance order made by the District Court shall be preceded by the issue and service upon the other party of a summons in the Form 54.11 Schedule C. The order of the Court granting the application shall be in the Form 54.12 Schedule C.

Interim order.

7. An interim order made by the Court under section 7 of the Act shall be in the Form 54.13 Schedule C.

Application for lump sum order for birth/funeral expenses.

8. An application by a spouse or parent under section 21A(1) of the Act (inserted by section 21 of the Act of 1987) for a lump sum order in respect of the expenses incidental to the birth or funeral of a dependent child shall be preceded by the issue and service upon the other spouse or parent, as the case may be, of a summons in the Form 54.14 Schedule C. The order of the Court granting the application shall be in the Form 54.15 Schedule C.

Clerk to send copy of order.

9. (1) Where the Court makes a maintenance order, an order varying, discharging or discharging part of such order, an interim order or a lump sum order in respect of the birth or funeral expenses of a dependent child, the Clerk shall give to, or send by registered prepaid post to the maintenance debtor or to the respondent party (as the case may be) a copy of the order so made.

(2) A copy of an order mentioned in sub-rule (1) given or sent to a maintenance debtor shall have endorsed on it, or be accompanied by a notice containing the following statement:

“This order is made by the District Court. If you the maintenance debtor fail to make a payment due under this order, you may be liable to imprisonment for contempt of court.

In certain limited circumstances (including a material change of circumstances since the order was made or last varied), the District Court can vary the terms of this order. If you believe that such circumstances arise and are concerned that you may not be able to comply with the terms of this order and would like to apply for a variation, you should consult a solicitor or contact the District Court Clerk at…………….”.

Application for direction that payments be made to Clerk.

10. An application under section 9(1)(b) of the Act for a direction that payments under a maintenance order, a variation order or an interim order be made to the Clerk shall be made ex parte. Notice of such application in the Form 54.16 Schedule C, signed by the maintenance creditor or by his or her solicitor, shall be lodged with the Clerk at least 48 hours prior to the date of the intended application. The order of the Court granting the application shall be in the Form 54.17 Schedule C.

Payments to the Clerk.

11. (1) Where the Court directs that payments under a maintenance order, a variation order or an interim order shall be made to the Clerk, such Clerk shall send a notice in the Form 54.18 Schedule C by prepaid ordinary post to the maintenance debtor indicating the place at which and the days and hours during which payments under the order should be made.

(2) The Clerk shall give a receipt to the maintenance debtor for each payment made by him or her and shall transmit such payment to the maintenance creditor or, if authorised in writing by the maintenance creditor so to do, the Clerk may transmit the payment to the competent authority.

Application to discharge direction.

12. An application under section 9(3) of the Act by a maintenance debtor to have a direction under section 9(1) of the Act discharged shall be preceded by the issue and service upon the maintenance creditor of a summons in the Form 54.19 Schedule C. The order of the Court granting the application shall be in the Form 54.20 Schedule C.

Recovery of arrears by Clerk.

13. (1) Where payments to the Clerk under a maintenance order, a variation order or an interim order are in arrears, and such Clerk receives a request in writing in the Form 54.21 Schedule C from the maintenance creditor to take such steps as he or she considers reasonable to recover such arrears, such Clerk may make application under section 10 of the Act for an attachment of earnings order or under section 8 of the Enforcement of Court Orders Act 1940 (in accordance with the provisions of Order 56 or 57, as the case may be).

(2) Where payments referred to in sub-rule (1) are in arrears and the Clerk has received no request to recover the arrears, such Clerk may in his or her discretion, having considered the extent of the arrears and any other relevant matter, notify the maintenance creditor of the means of enforcement available in respect of the order.

Service of summonses.

14. (1) A summons required by this Order to be served may be served upon the person to whom it is directed in accordance with the provisions of Order 41 at least 14 days before the date of the sitting of the Court to which the summons is returnable.

(2) Save where service has been effected by the Clerk, the original of every such summons served, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the said date of hearing.

Rules to apply to orders for maintenance pending suit etc.

15. Where the Clerk receives a copy—

(a) of an order for maintenance pending suit, of a periodical payments order or of a secured periodical payments order made under the Act of 1995, or of any such order as aforesaid as affected by an order under section 18 of the Act of 1995,

(b) of an order for maintenance pending suit, of a periodical payments order or a secured periodical payments order made under the Act of 1996 or of any such order as aforesaid as affected by an order under section 22 of the Act of 1996,

from the Registrar of the Court which made that order, and payments under the order are directed to be made to the District Court Clerk (as provided for in section 20 of the Act of 1995 and in section 28 of the Act of 1996), such Clerk shall register particulars of the order and shall proceed in relation thereto as if it were a maintenance order made at a sitting of the District Court for the district court area to which that Clerk is assigned.

Orders to secure payments.

16. Where the Court has made an order providing for periodical payments by way of support or maintenance by a maintenance debtor to a maintenance creditor, an application may be made to the Court on a date subsequent to the date on which such order is made pursuant to the provisions of section 41 of the Act of 1995 by any person having an interest in the proceedings to secure the said payments to the maintenance creditor. Such application shall be preceded by the issue and service of a notice in the Form 54.22 Schedule C. The order of the Court granting such application shall be in the Form 54.23 Schedule C.

Lump sum orders.

17. Where, under the powers conferred by section 42 of the Act of 1995, an order is made in the District Court providing for the making of a lump sum payment or lump sum payments the order of the Court shall be in the Form 54.24, 54.25, 54.26, or 54.27 Schedule C as the case may be.

Stay on certain orders the subject of appeal.

18. (1) Notwithstanding the provisions of Order 25, rule 9(4) and Order 101, and that an appellant has entered into a recognizance of appeal, an appeal from an order under—

(i) section 11 (2)(b) of the Guardianship of Infants Act 1964 , (No.7 of 1964),

(ii) section 5, 5A or 7 of the Act

shall, if the Court so determines (but not otherwise), stay the operation of the order.

(2) An application to the Court to stay the operation of an order such as is mentioned in sub-rule (1), may be made following the service and lodgment of a notice of appeal and lodgment of the recognizance for appeal and when made otherwise than upon the occasion of the making of those orders shall be preceded by the issue of a notice in the Form 54.28 which shall be served upon the respondent to the application two days before the hearing of the application. The order of the Court granting the stay shall be in the Form 54.29.

Report under section 47 of the Act.

19. (1) An application to the Court by a party to make an order giving directions for the purpose of procuring a report in writing on any question affecting the welfare of a party to the proceedings or any other person to whom they relate may be included in writing in the summons, or made at the hearing.

(2) Where the Court grants an application for an order mentioned in sub-rule (1), or makes such an order of its own motion, the order requisitioning the report shall be in the Form 58.50, Schedule C.”

Schedule 2

“Order 54A

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

Definitions

1. In this Order—

“the Act” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010).

Venue

2. (1) Proceedings under the Act may be brought, heard and determined at any sitting of the Court for the court area where either party to the proceedings ordinarily resides or carries on any profession, business or occupation.

(2) Where the Clerk, having consulted the Judge for the time being assigned to the district within which such area is situate, certifies on a summons or a notice of application that the proceedings are urgent, the summons or notice may be issued for, and the proceedings may be heard and determined at, any sitting of the Court in that district.

Hearing to be otherwise than in public

Civil partnership or cohabitation proceedings

Necessary modifications to forms used in civil partnership or cohabitation proceedings

4. Where provided in this Order or where otherwise appropriate, a Form prescribed for use in proceedings under the Family Law (Maintenance of Spouses and Children) Act 1976 or, as the case may be, the Family Home Protection Act 1976 , is prescribed for use in proceedings under the Act with the necessary modifications, such modifications shall include that:

(a) there shall be substituted for the reference to a provision of the Family Law (Maintenance of Spouses and Children) Act 1976 or, as the case may be, the Family Home Protection Act 1976 and the reference to that Act references respectively to the corresponding provision of the Act and to the Act, and

(b) there shall be substituted for references to a spouse reference to a civil partner or, as the case may be, a qualified cohabitant.

Applications for maintenance and related orders

5. (1) An application:

(a) by a civil partner for a maintenance order under section 45(1) of the Act, or

(b) by a qualified cohabitant for an order under section 175 of the Act,

shall be preceded by the issue and service upon the respondent of a summons in the Form 54.1, Schedule C with the necessary modifications.

(2) An application by a qualified cohabitant for an order under section 194 of the Act shall be preceded by the issue and service upon the legal personal representative of the cohabitant of a summons in the Form 54A.1, Schedule C.

(3) The order of the Court granting an application mentioned in sub-rule (1) shall be in the Form 54.5, Schedule C with the necessary modifications. The order of the Court granting an application mentioned in sub-rule (2) shall be in the Form 54A.2, Schedule C.

Application to discharge maintenance

6. An application by a maintenance debtor for the discharge of a maintenance order after one year from the time it is made under section 46(1) of the Act shall be preceded by the issue and service upon the maintenance creditor of a summons in the Form 54.9 Schedule C with the necessary modifications. The order of the Court granting the application shall be in the Form 54.10 Schedule C with the necessary modifications.

Application to discharge or vary order

7. An application at any time by either party to the proceedings under section 46(2) of the Act or, as the case may be, under section 173(6) of the Act, to discharge or vary a maintenance order made by the District Court shall be preceded by the issue and service upon the other party of a summons in the Form 54.11 Schedule C with the necessary modifications. The order of the Court granting the application shall be in the Form 54.12 Schedule C with the necessary modifications.

Interim order

8. An interim order made by the Court under section 47 of the Act shall be in the Form 54.13 Schedule C with the necessary modifications.

Application for lump sum order for birth/funeral expenses.

8A.An application by a civil partner under section 67A(1) of the Act (inserted by section 147 of the Children and Family Relationships Act 2015 ) for a lump sum order in respect of the expenses incidental to the birth or funeral of a dependent child shall be preceded by the issue and service upon the other civil partner of a summons in the Form 54.14 Schedule C with the necessary modifications. The order of the Court granting the application shall be in the Form 54.15 Schedule C with the necessary modifications.

Clerk to send copy of order.

9. (1) Where the Court makes an order under section 45, section 46, section 47, section 175 or section 173(6)(so far as it relates to an antecedent order made under section 175) of the Act, the Clerk shall give to, or send by registered prepaid post to the maintenance debtor or to the respondent party (as the case may be) a copy of the order so made.

(2) A copy of an order mentioned in sub-rule (1) given or sent to a maintenance debtor shall, where maintenance payments continue to be due by the maintenance debtor, have endorsed on it, or be accompanied by a notice containing the following statement:

“This order is made by the District Court. If you the maintenance debtor fail to make a payment due under this order, you may be liable to imprisonment for contempt of court.

Application for direction that payments be made to Clerk

10. An application by a maintenance creditor under section 50(1)(b) of the Act for a direction that payments under a maintenance order, a variation order or an interim order be made to the Clerk shall be made ex parte. Notice of such application in the Form 54.16 Schedule C with the necessary modifications, signed by the maintenance creditor or by his or her solicitor, shall be lodged with the Clerk at least 48 hours prior to the date of the intended application. The order of the Court granting the application shall be in the Form 54.17 Schedule C with the necessary modifications.

Payments to the Clerk

11. (1) Where the Court makes a maintenance order, variation order or interim order pursuant to section 45, section 46, section 47, section 175 or section 173(6)(so far as it relates to an antecedent order made under section 175) of the Act and directs that payments under such order shall be made to the Clerk, such Clerk shall send a notice in the Form 54.18 Schedule C with the necessary modifications by prepaid ordinary post to the maintenance debtor indicating the place at which and the days and hours during which payments under the order should be made.

Application to discharge direction

12. An application under section 50(3) of the Act by a maintenance debtor to have a direction under section 50(1) of the Act discharged shall be preceded by the issue and service upon the maintenance creditor of a summons in the Form 54.19 Schedule C with the necessary modifications. The order of the Court granting the application shall be in the Form 54.20 Schedule C with the necessary modifications.

Recovery of arrears by Clerk

13. (1) Where payments to the Clerk under a maintenance order, a variation order or an interim order pursuant to section 45, section 46, section 47, section 175 or section 173(6)(so far as it relates to an antecedent order made under section 175) of the Act are in arrears, and such Clerk receives a request in writing in the Form 54.21 Schedule C with the necessary modifications from the maintenance creditor to take such steps as he or she considers reasonable to recover such arrears, such Clerk may make application under section 53 or, as the case may be, section 176, of the Act (in accordance with the provisions of rule 14) for an attachment of earnings order or under section 8 of the Enforcement of Court Orders Act 1940 (in accordance with the provisions of Order 57).

Attachment of earnings order

14. (1) An application for an attachment of earnings order under section 53 or, as the case may be, section 176 of the Act shall be preceded by the issue and service upon the maintenance debtor of a summons in the Form 56.1 Schedule C with the necessary modifications. Where the Court grants the application or, where the Court, having made an antecedent order, makes, in accordance with section 53(3) or, as the case may be, section 176(3) of the Act, an attachment of earnings order in the same proceedings in order to secure payments under the antecedent order, the order of the Court shall be in accordance with the Form 56.3 or 56.4 Schedule C, as the case may be, with the necessary modifications.

(2) An application to the Court to order a statement of earnings under section 56(1)(b) or, as the case may be, section 179(1)(b) of the Act may be made without notice on any occasion on which the proceedings are before the Court. A statement as to earnings given by the maintenance debtor for the purposes of section 56(1)(a) or, as the case may be, section 179(1)(a) of the Act in the form appended to Form 56.1 Schedule C with the necessary modifications shall be verified on affidavit or on oath at the hearing of the application. A statement as to earnings for the purposes of section 56(1)(b) or, as the case may be, section 179(1)(b) of the Act shall be in the form appended to Form 56.5 Schedule C with the necessary modifications.

(3) Where an attachment of earnings order is made under section 53 or, as the case may be, section 176 of the Act, the Clerk, parties and employer shall proceed as nearly as may be in accordance with the provisions of rules 4 to 14 inclusive of Order 56.

Rules to apply to orders for maintenance pending suit etc.

15. Where the Clerk receives a copy of an order for maintenance pending suit, of a periodical payments order or of a secured periodical payments order made under the Act from the Registrar of the Court which made that order, and payments under the order are directed to be made to the District Court Clerk (as provided for in section 50, or section 50 as applied by section 134 of the Act), such Clerk shall register particulars of the order and shall proceed in relation thereto as if it were a maintenance order made at a sitting of the District Court for the district court area to which that Clerk is assigned.

Orders to secure payments

16. Where the Court has made an order providing for periodical payments by way of support or maintenance by a maintenance debtor to a maintenance creditor, an application may be made to the Court on a date subsequent to the date on which such order is made pursuant to the provisions of section 52 of the Act or, as the case may be, section 175(1)(b) of the Act, by any person having an interest in the proceedings to secure the said payments to the maintenance creditor. Such application shall be preceded by the issue and service of a notice in the Form 54.22 Schedule C with the necessary modifications. The order of the Court granting such application shall be in the Form 54.23 Schedule C with the necessary modifications.

Lump sum orders

17. Where, under the powers conferred by section 51 of the Act or, as the case may be, section 175(1)(c) of the Act, an order is made in the District Court providing for the making of a lump sum payment or lump sum payments the order of the Court shall be in the Form 54.24 Schedule C with the necessary modifications.

Shared Home Protection

Application under section 34(1) of the Act

18. An application by a civil partner under section 34(1) of the Act for an order prohibiting the other civil partner from disposing of or removing household chattels shall be preceded by the issue and service upon the respondent civil partner of a notice in the Form 60.1 Schedule C, with the necessary modifications. The order of the Court granting the application shall be in the Form 60.2 Schedule C with the necessary modifications, a copy of which shall be served upon the respondent civil partner.

Summons under section 34(3) of the Act

19. Where complaint is made by a civil partner to a Judge under section 34(3) of the Act that the other civil partner has contravened the provisions of section 34(2) of the Act, the summons which may be issued and served upon the other civil partner shall be in the Form 60.5 Schedule C with the necessary modifications. The relevant provisions of Order 15 shall apply in such case.

Application under section 34(4) of the Act

20. An application by a civil partner under section 34(4) of the Act for an order that the respondent civil partner provide household chattels for the applicant civil partner or a sum of money in lieu thereof shall be preceded by the issue and service upon the respondent civil partner of a notice in the Form 60.6 Schedule C with the necessary modifications. The order of the Court granting the application shall be in the Form 60.7 Schedule C with the necessary modifications, a copy of which shall be served upon the respondent civil partner.

Summons under section 39 of the Act

21. Where complaint is made to a Judge under section 39 of the Act that a person knowingly gave information which was false or misleading in any material particular, the summons which may be issued and served upon that person shall be in the Form 60.8 Schedule C with the necessary modifications. The relevant provisions of Order 15 shall apply in such case.

Joinder of parties

22. The provisions of Order 42A (Third Party Procedure) shall, with necessary modifications, apply to the proceedings mentioned in section 34(5) of the Act.

Declaring a conveyance void

23. (1) An application to the Court under section 28(1) of the Act to have a conveyance declared void shall be in the Form 60.9, Schedule C with the necessary modifications.

(2) The order of the Court thereon shall be in the Form 60.10, Schedule C with the necessary modifications.

Lis Pendens

(3) A person who instituted proceedings to have a conveyance declared void by reason of section 28(1) of the Act shall, as soon as may be, cause relevant particulars of the proceedings to be entered as a lis pendens under and in accordance with the Land and Conveyancing Law Reform Act 2009 .

Order dispensing with consent or giving consent

24. (1) An application for an order under section 29(1), section 29(3) or section 29(4) of the Act to dispense with, or as the case may be, to give, the consent required under section 28 of the Act, of a civil partner to the conveyance of the shared home shall be in the Form 54A.3, Schedule C.

(2) Where it is alleged that the civil partner whose consent is required under section 28 of the Act is incapable of consenting, the original certificate in writing by a consultant psychiatrist, within the meaning of the Mental Health Act 2001 , shall be annexed to the notice of application lodged with the Clerk. The Court may accept affidavit evidence of the certification, subject to the right of any party contesting the certification to cross-examine.

(3) The order of the Court on such an application shall be in the Form 54A.4, Schedule C.

(4) On granting an application under section 29 of the Act to dispense with or, as the case may be, to give, the consent required under section 28 of the Act, the Court may order pursuant to section 33 of the Trustee Act 1893 that a person be appointed to execute the conveyance of the interest in question and the order of the Court thereon shall be in the Form 60.13, Schedule C with the necessary modifications.

Protection of Shared Home

25. (1) An application to the Court for an order under section 30(1) of the Act for the protection of the shared home in the interest of the applicant civil partner or a dependant child of the civil partners shall be in the Form 60.16, Schedule C with the necessary modifications.

(2) The order of the Court thereon shall be in the Form 60.17, Schedule C with the necessary modifications.

Conduct leading to loss of Shared Home

26. (1) An application to the Court for an order under section 30(2) of the Act to compensate the applicant civil partner or a dependant child of the civil partners for loss of interest in the shared home occasioned by the conduct of the other civil partner shall be in the Form 60.18, Schedule C with the necessary modifications.

(2) The order of the Court thereon shall be in the Form 60.19, Schedule C with the necessary modifications.

General

Service and lodgment of documents

27. (1) A notice or summons required by this Order to be served may be served in accordance with the provisions of Order 41 and every such notice shall be served at least 14 days or, in the case of proceedings certified as urgent under rule 2(2), at least two days before the date of the sitting of the Court to which it is returnable.

(2) Save where service has been effected by the Clerk, the original of every such notice or summons served shall, together with a statutory declaration as to service thereof, be lodged with the Clerk at least two days before the date of the said sitting.

Stay on certain orders the subject of appeal

28. (1) In accordance with section 133 of the Act, notwithstanding the provisions of Order 25, rule 9(4) and Order 101, and that an appellant has entered into a recognisance of appeal, an appeal from an order under section 45 or 47 of the Act shall, if the Court or the Circuit Court to which the appeal is brought so determines (but not otherwise), stay the operation of the order.

(2) An application to the District Court to stay the operation of an order such as is mentioned in sub-rule (1), may be made following the service and lodgment of a notice of appeal and lodgment of the recognisance for appeal and when made otherwise than upon the occasion of the making of those orders shall be preceded by the issue of a notice in the Form 54.28 with the necessary modifications which shall be served upon the respondent to the application two days before the hearing of the application. The order of the Court granting the stay shall be in the Form 54.29 with the necessary modifications.”

Schedule 3

“

Order 57

Proceedings under:

section 8 of the Enforcement of Court Orders Act 1940

section 9A of the Family Law (Maintenance of Spouses and Children) Act 1976

section 52A of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

Definitions

1. (1) In this Order:

“the Act of 1940” means the Enforcement of Court Orders Act 1940 (No. 23 of 1940);

“the Act of 1976” means the Family Law (Maintenance of Spouses and Children) Act 1976 (No. 11 of 1976);

“the Act of 2009” means the Enforcement of Court Orders (Amendment) Act 2009 (No. 21 of 2009);

“the Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010);

“the Act of 2011” means the Civil Law (Miscellaneous Provisions) Act 2011 (No. 31 of 2011);

“Maintenance Regulation” means Council Regulation (EC) 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L7 of 10 January 2009, page 1).

(2) References in this Order to an “order” shall be construed in accordance with sections 65 and 136 of the Act of 2010.

Venue

2. Proceedings to which this Order relates may be brought, heard or determined at any sitting of the Court for the court area where either party to the proceedings ordinarily resides or carries on any profession, business or occupation or where the order which it is sought to enforce was made and, save where the context otherwise requires, any reference in this Order to the “Clerk” is a reference to the Clerk for that court area.

Application in writing for summons under section 8(1) of the Act of 1940

3. An application under section 8(1) of the Act of 1940 (as substituted by the Act of 2011) for the issue of a summons shall be in writing (and may be by the lodgment with the Clerk of a completed draft form of summons) and shall include:

(a) a copy of the antecedent order concerned and, where relevant, a copy of any enforcement order made by the Master of the High Court in respect of the maintenance order concerned or, as the case may be, a copy of the extract in the form set out in Annex I or, as the case may be, Annex II, to the Maintenance Regulation, of the decision issued by the court of origin;

(b) the period(s) for which the monetary amounts directed to be paid by the antecedent order have not been duly paid;

(d) a statement that the applicant understands that the information included in the application may have to be proved on oath at the hearing of any summons issued on foot of the application.

Issue of summons under section 8(1) of the Act of 1940

4. (1) The summons shall be in the Form 57.1 Schedule C. The summons shall, in addition to requiring the attendance of the defaulter at a sitting of the Court, also require the defaulter to complete, detach and lodge with the Clerk not less than one week before the date of the said sitting a statement of means and assets (in the Form 53.3 Schedule C, with the necessary modifications), which shall be attached to the summons.

(2) The applicant or solicitor for the applicant shall be entitled, on payment of the prescribed fee, to inspect and take or obtain copies of the statement of means at any time after it is lodged.

Distress warrant

5. A warrant of distress and sale under section 8(2)(c) of the Act of 1940 shall be in accordance with Form 57.2 Schedule C.

Application in writing for summons under section 9A(3) of the Act of 1976 or section 52A(3) of the Act of 2010

6. An application under section 9A(3) of the Act of 1976 (as inserted by the Act of 2011) or under section 52A(3) of the Act of 2010 (as inserted by section 146 of the Children and Family Relationships Act 2015 ) for the issue of a summons shall be in writing (and may be by the lodgment with the Clerk of a completed draft form of summons) and shall include:

(a) a copy of the antecedent order concerned;

(b) the period(s) for which the monetary amounts directed to be paid by the antecedent order have not been duly paid;

(d) a statement that the applicant understands that the information included in the application may have to be proved on oath at the hearing of any summons issued on foot of the application.

Issue of summons under section 9A(3) of the Act of 1976 or section 52A(3) of the Act of 2010

7. The summons addressed to the debtor shall be in the Form 57.3 Schedule C.

Service of summonses and orders

8. (1) Order 41 shall apply to the service and lodgment of proof of service of a summons mentioned in rule 4.

(2) Order 51A, rules 8(5) to 8(8) inclusive shall apply to the service and lodgment of proof of service of a summons mentioned in rule 7.

(3) An order made under section 8(2)(a) or section 8(2)(b) of the Act of 1940 shall be in the Form 57.4 Schedule C and a copy of such order shall be sent by registered post by the Clerk to every person directed to pay monies to the Clerk.

Persons affected by garnishee order

9. (1) A person served with an order mentioned in rule 8(3) who is unable to comply with the order may apply to the Court by notice of application in the Form 57.5 Schedule C to set aside or vary the order. A copy of the notice shall be served on the defaulter and on the applicant not later than seven days before the hearing of the application and the original notice shall be lodged with the Clerk not later than four days before the hearing of the application.

(2) Where the Court is considering making an order under section 8(2)(a) or section 8(2)(b) of the Act of 1940, the Court may adjourn the hearing of the summons and direct that the person who would be directed to pay monies to the Clerk under any such order be put on notice of the adjourned application.

Warrant of arrest

10. A warrant of arrest issued under section 9A(5) of the Act of 1976 or 52A(5) of the Act of 2010 shall be in accordance with Form 57.6 Schedule C.

Warrant of detention

11. Where a failure by the maintenance debtor is treated as constituting contempt of court and an order of imprisonment is made, the warrant of detention shall be in accordance with Form 57.7 or 57.8 Schedule C, as appropriate.

Application to purge contempt

12. Where a person is imprisoned for contempt of court in accordance with section 9A of the Act of 1976 or section 52A of the Act of 2010:

(a) the person shall be notified in writing of the action required to purge his contempt;

(b) the Court may direct that, if the contempt has not previously been purged, the person shall be brought back before the Court at a place and time fixed by the Court.

Clerk to provide certificate and to be available to tender evidence

13. (1) Before the time fixed for the hearing of an application under section 8 of the Act of 1940, section 9A of the Act of 1976 or section 52A of the Act of 2010, any Clerk for another court area to whom payments under the maintenance order, variation order, interim order or enforceable maintenance order are payable shall send to the Clerk a certificate signed by him or her certifying the amount of monies outstanding on foot of such order.

(2) On the hearing of an application under section 8(1) of the Act of 1940, section 9A of the Act of 1976 or section 52A of the Act of 2010, without prejudice to any other evidence which may be required on that hearing, there shall be tendered or cause to be tendered as evidence—

(a) the maintenance order, variation order, interim order, (as the case may be);

(b) in the case of an enforceable maintenance order a copy of the maintenance order;

(c) in the case of a decision referred to in Article 17.1 of the Maintenance Regulation, a copy of the extract in the form set out in Annex I or, as the case may be, Annex II, to the Maintenance Regulation, of the decision issued by the court of origin;

(d) the application for the summons;

(e) in the case of an enforceable maintenance order, a copy of the order made by the Master of the High Court, and

(f) any other relevant document.

Provisions regarding warrants to apply

14. The provisions contained in Order 26 regarding warrants shall apply to warrants issued under this Order with the proviso that warrants of distress shall be addressed to and executed by the several Sheriffs and County Registrars.”

Schedule 4

“Order 58

Custody and Guardianship of Children

Definitions

1. In this Order—

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

“the Act of 1987” means the Status of Children Act 1987 (No. 26 of 1987);

“the Act of 1997’’ means the Children Act 1997 (No. 40 of 1997);

“the Act of 2015” means the Children and Family Relationships Act 2015 (No. 9 of 2015);

“child” means a person who has not attained full age.

Venue

2. (1) Proceedings under the Act may be brought, heard or determined at any sitting of the Court for the court area where any party to the proceedings resides or carries on any profession, business or occupation.

(2) Where, however the Clerk, having consulted the Judge for the time being assigned to the district within which such area is situated, certifies on a notice of application or a summons that the proceedings are urgent, the said notice or summons may, subject to the provisions of rule 9, be issued for, and the proceedings may be heard and determined at any sitting of the Court in that district.

Hearing to be otherwise than in public

3. Proceedings under the Act shall be heard otherwise than in public and only the officers of the Court, the parties and their legal representatives, witnesses (subject to the provisions of Order 8) and such other persons as the Judge in his or her discretion shall allow, shall be permitted to be present at the hearing.

Guardianship applications and Court orders

4. (1) An application to the Court under section 6A (as inserted by the Act of 1987 and as substituted by section 48 of the Act of 2015) of the Act by a person who, being a parent of a child, is not a guardian of the child, for an order appointing the person as guardian of the child shall be preceded by the completion by the applicant of a notice in the Form 58.1 Schedule C. Such notice shall be served upon the other parent and upon any other guardian of the child. The order of the Court granting such application shall be in the Form 58.2 Schedule C.

(2) An application to the Court under section 6C (as inserted by section 49 of the Act of 2015) of the Act by a person who, not being a parent of a child, is eligible under section 6C(2) of the Act to make such application for an order appointing the person as a guardian of the child shall be preceded by the completion by the applicant of a notice in the Form 58.30 Schedule C. Such notice shall be served upon each person who is a parent or guardian of the child concerned. In the case of an application by a person to whom section 6C(2)(b) of the Act applies, the notice shall be served upon the Child and Family Agency. The order of the Court granting such application shall be in the Form 58.31 Schedule C and shall specify whether and if so, to what extent, the applicant shall enjoy the rights and responsibilities of a guardian specified in section 6C(11) of the Act.

(3) A nomination under section 6E(1) (as inserted by section 49 of the Act of 2015) of the Act by a qualifying guardian shall be in the Form 58.32 Schedule C and shall be signed and dated by the qualifying guardian concerned in the presence of a witness who is not the nominated person. An application to the Court under section 6E(3) (as inserted by section 49 of the Act of 2015) of the Act by a qualifying guardian or nominated person for an order under section 6E(5) of the Act appointing the person as a guardian of the child shall be preceded by the completion by the applicant of a notice in the Form 58.33 Schedule C. The original notice shall be lodged with the Clerk with the original nomination or a true copy annexed and a copy of the notice and annexed nomination shall be served upon each person mentioned in section 6E(4) of the Act. The order of the Court granting such application shall be in the Form 58.34 Schedule C and shall specify any limitations or conditions imposed in accordance with section 6E(6) of the Act. Where the Court imposes a condition pursuant to section 6E(6)(b) of the Act relating to the periodic review by the Court of the appointment of a person as temporary guardian, it may make such directions, including as to the listing of the matter before the Court and as to the giving of notice of such hearing as it considers necessary.

(4) An application to the Court under section 6E(9) (as inserted by section 49 of the Act of 2015) of the Act by a temporary guardian or the qualifying guardian concerned for an order under section 6E(11) of the Act shall be preceded by the completion by the applicant of a notice in the Form 58.35 Schedule C. Such notice shall be served upon each person mentioned in section 6E(10) of the Act. The order of the Court granting such application shall be in the Form 58.36 Schedule C and shall, where an order is made under 6E(11)(c) of the Act, specify any rights and responsibilities of guardianship which the qualifying guardian shall have. Where the Court imposes a condition pursuant to section 6E(12)(b) of the Act relating to the periodic review by the Court of the order, it may make such directions, including as to the listing of the matter before the Court and as to the giving of notice of such hearing as it considers necessary.

(5) An application to the Court under section 6F(1) (as inserted by section 49 of the Act of 2015) of the Act by a person mentioned in section 6F(2) of the Act for a declaration that a person named in the application is or is not a guardian by virtue of the circumstances set out in section 2(4A) or 6B(3) of the Act of a child named in the application (the ‘child concerned’) shall be preceded by the completion by the applicant of a notice in the Form 58.37 Schedule C. Such notice shall be served upon each person mentioned in section 6F(3) of the Act and upon any other person directed by the Court to be given notice of the application. The order of the Court granting such application shall be in the Form 58.38 Schedule C.

(6) An application under section 7(4) of the Act (as substituted by section 50 of the Act of 2015) shall be preceded by the issue and service of a notice in the Form 58.3 Schedule C upon the surviving guardian or testamentary guardian of the child, as the case may be. The order of the Court on hearing the application shall be in the Form 58.4 or 58.6 Schedule C, as appropriate.

(7) An application to appoint a guardian or guardians under section 8(1) of the Act shall be made ex parte in the first instance subject to the prior lodgment with the Clerk of a notice in the Form 58.7 Schedule C. The order of the Court thereon shall be in the Form 58.8 Schedule C.

(8) An application to appoint a guardian or guardians under section 8(2) of the Act shall be made ex parte if made by the surviving parent, subject to the prior lodgment with the Clerk of a notice in the Form 58.9, Schedule C, and in any other case it shall be preceded by the issue and service of a notice in the Form 58.9 Schedule C upon that parent. The order of the Court thereon shall be in the Form 58.10 Schedule C.

(9) An application to the Court to remove from office a guardian mentioned in section 8(4) of the Act (substituted by section 51 of the Act of 2015) and to appoint another guardian in his or her place under section 8(5) of the Act shall be preceded by the issue and service of a notice in the Form 58.11 Schedule C upon each guardian of the child. The order of the Court thereon shall be in the Form 58.13 Schedule C.

(10) An application to appoint a guardian in place of a deceased guardian, under section 8(5) of the Act, may be made ex parte where the child has no guardian or where the applicant is the only guardian, subject to the prior lodgment with the Clerk of a notice in the Form 58.12 Schedule C, and in any other case it shall be preceded by the issue and service of the said notice upon each guardian of the child. The order of the Court thereon shall be in the Form 58.14 Schedule C.

(11) An application to the Court to remove from office a guardian mentioned in section 8(6) of the Act (inserted by section 51 of the Act of 2015) shall be preceded by the issue and service of a notice in the Form 58.39 Schedule C upon each guardian of the child. The order of the Court thereon shall be in the Form 58.40 Schedule C.

(12) In any application concerning the guardianship of a child, the applicant shall complete and annex to the notice of application a statement of arrangements in the Form 58.49, Schedule C concerning each child to whom the application relates, including both factual information concerning the child and the applicant’s proposals in relation to the application. The applicant shall attach two copies of the applicant’s statement of arrangements to the copy notice of application served on each respondent. Where a respondent agrees the applicant’s statement of arrangements (including the proposals), the respondent shall signify his or her agreement on one copy of the statement and return that copy to the applicant (or applicant’s solicitor). Any respondent who intends to contest the application shall set out the matters in dispute and/or that respondent’s proposals in relation to the application on one copy of the statement and return that copy to the applicant (or applicant’s solicitor). The applicant shall not later than four days before the date fixed for the hearing of the application file with the Clerk a copy of the statement of arrangements as completed by the applicant and any respondent.

Application seeking Court’s direction

5. (1) Where the Court’s direction is sought under section 11 of the Act, the application shall be preceded by the issue and service of a notice in the Form 58.17 Schedule C upon each other person who is a parent or guardian of the child concerned. The order of the Court thereon shall be in the Form 58.18 Schedule C.

(2) An application to the Court under section 11B of the Act for an order giving a relative of a child or a person who has acted in loco parentis to a child access to the child shall be preceded by the issue and service of a notice in the Form 58.19 Schedule C upon each of the guardians of the child. The order of the Court thereon shall be in the Form 58.20 Schedule C.

(3) An application to the Court under section 11E of the Act (inserted by section 57 of the Act of 2015) for an order giving a person mentioned in section 11E(1) of the Act custody of a child shall be preceded by the issue and service of a notice in the Form 58.41 Schedule C upon each of the guardians of the child. The order of the Court thereon shall be in the Form 58.42 Schedule C.

Application to vary/discharge

6. An application under section 12 of the Act for an order varying or discharging a previous order shall be preceded by the issue and service of a notice in the Form 58.21 Schedule C upon each of the other guardians or each of the guardians of the child as the case may be. The order of the Court thereon shall be in the Form 58.22 Schedule C.

Application for production of child

7. An application under Part III of the Act for an order for the production of a child shall be preceded by the issue and service of a notice in the Form 58.23 Schedule C upon the person having custody of the child. The order of the Court thereon shall be in the Form 58.24 Schedule C which shall be served upon the said person. The order of the Court under Part III of the Act shall be in the Form 58.25, 58.26 or 58.27 Schedule C, as appropriate.

Enforcement order or complaint of non-compliance

8. (1) An application to the Court under section 18A(1) of the Act (inserted by section 60 of the Act of 2015) for an enforcement order shall be preceded by the issue and service of a notice in the Form 58.43 Schedule C upon each guardian and parent of the child concerned. An enforcement order of the Court shall be in the Form 58.44 Schedule C.

(2) An application under section 18C(1) of the Act (inserted by section 60 of the Act of 2015) for an order varying or terminating an enforcement order or any part of that order shall be preceded by the issue and service of a notice in the Form 58.45 Schedule C upon each of the persons on whom the application for the enforcement order was served. The order of the Court thereon shall be in the Form 58.46 Schedule C.

(3) An application to the Court under section 18D(1) of the Act (inserted by section 60 of the Act of 2015) by a parent or guardian of the child for an order requiring another guardian or parent to reimburse expenses incurred shall be preceded by the issue and service of a notice in the Form 58.47 Schedule C upon the respondent guardian or parent of the child concerned. An enforcement order of the Court shall be in the Form 58.48 Schedule C.

(4) Where complaint is made to a Judge alleging an offence of failure or refusal under section 5 of the Courts (No. 2) Act 1986 , to comply with the requirements of a direction given in an order under section 7 of the Act, section 11 of the Act, or section 11B (inserted by the Act of 1997) of the Act, the summons which may be issued and served upon the person against whom the offence is alleged shall be in the Form 58.28 or 58.29 Schedule C, as appropriate. The relevant provisions of Order 15 shall apply in such case.

Service and lodgment of documents

9. (1) A notice or court order required by this Order to be served shall be accompanied in the case of a notice of proceedings under section 6A (inserted by the Act of 1997) of the Act, section 11 of the Act or section 11B (inserted by the Act of 1997) of the Act, in which a solicitor is acting for the applicant, by a certificate signed by the solicitor indicating, if it be the case, that the solicitor has complied with subsection (2) of section 20 of the Act of 1964 (as inserted by section 11 of the Act of 1997) in relation to the matter, and may be served upon the person to whom it is directed in accordance with the provisions of Order 41 at least 14 days or, in the case of proceedings certified as urgent under rule 2(2), at least two days, before the date of the sitting of the Court to which it is returnable.

(2) Save where service has been affected by the Clerk, the original of every such notice or order served shall, accompanied, in appropriate cases, by a copy of the certificate described in rule 9(1), together with a statutory declaration as to service thereof, be lodged with the Clerk at least two days before the date of the said sitting.

Clerk to supply copies of orders

10. Where the Court makes an order under the Act, the Clerk shall give, or send by ordinary post, a copy of such order to each person in whose favour or against whom the order was made.

Proof of age

11. The age of a child may be proved by producing a certified extract from the Register of Births showing the date of the child’s birth or by such other evidence as the Court considers sufficient.

Court may direct service

12. In any proceedings under the Act the Court may direct the service of notice upon any person not already served.

Effect of appeal from orders

13. Notwithstanding the provisions of Order 25, rule (4) and Order 101 and that an appellant has entered into a recognizance for appeal, an appeal from an order made under this Act shall stay the operation of the order only if, and to such extent and upon such terms (if any), as the Court shall determine.

Report/ascertaining the views of the child

14. (1) An application to the Court by a party to make an order:

(i) under section 32(1)(a) or section 32(1)(b) of the Act, or

(ii) under section 47 of the Family Law Act 1995

may be included in writing in the summons, or made at the hearing.

(2) The Court may exercise the power of its own motion to make an order:

(i) in proceedings to which section 3(1)(a) of the Act applies, under section 32(1)(a) or section 32(1)(b) of the Act, or

(ii) under section 47 of the Family Law Act 1995

at any time and from time to time during the proceedings, having heard the parties.

(3) An application to the Court by a party to make an order:

(i) under section 12A(4) of the Act (inserted by the Act of 2015), or

(ii) under section 20 of the Child Care Act 1991

may be included in writing in the summons, or made at the hearing.

(4) The Court may exercise the power of its own motion to make an order:

(i) under section 12A(4) of the Act (inserted by the Act of 2015), or

(ii) under section 20 of the Child Care Act 1991

at any time and from time to time during the proceedings, having heard the parties.

(5) Where the Court grants an application for an order mentioned in sub-rule (1) or sub-rule (2), or makes such an order of its own motion, the order requisitioning the report shall be in the Form 58.50, 58.51, 58.52 or 58.53, Schedule C, as appropriate.

(6) Where, under either 12A(4) of the Act or section 20 of the Child Care Act 1991 , the Court adjourns proceedings and directs the Child and Family Agency to undertake an investigation of a childs circumstances, if the Child and Family Agency is not a party to those proceedings, the Clerk shall as soon as possible notify the Child and Family Agency (in the Form 84.32 Schedule C, with any necessary modifications) of the Courts decision.

(7) Where, upon so adjourning, the Court gives directions under section 20(2) of the Child Care Act 1991 as to the care and custody of the child or makes a supervision order in respect of the child pending the outcome of the investigation by the Child and Family Agency—

(a) an order of the Court giving such directions shall be in the Form 84.33 Schedule C,

(b) any such supervision order shall be in the Form 84.34, Schedule C,

and the order shall be served upon each person directly affected thereby.”

Schedule 5

No. 57.3

SCHEDULE C

O.57, r. 6

*FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976, SECTION 9A

(as inserted by Civil Law (Miscellaneous Provisions) Act 2011, section 31)

*CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010, SECTION 52A (as inserted by Children and Family Relationships Act 2015, section 146)

SUMMONS FOR ATTENDANCE OF MAINTENANCE DEBTOR

District Court Area of District No.

…………………………………………………………………………….. Maintenance Creditor

……………………………………………………………………………….. Maintenance Debtor

If you fail to attend in the District Court at the place and on the date given below at the time stated, the Judge may treat such failure to attend court as constituting contempt of court and the Judge may deal with the matter accordingly, including by directing that a warrant may be issued, without further warning, for you to be arrested and brought before the District Court.

The maintenance order is made by the District Court. If you the maintenance debtor fail to make a payment due under this order, you may be liable to imprisonment for contempt of court.

1. A maintenance order was made on the ….. day of ……. 20…. by the District Court sitting at …….. for the District Court Area of ……. District No…….., under which you, the above-named Maintenance Debtor were ordered to pay to the above-named Maintenance Creditor †(the weekly sum of €…….. for her/his support) †(and) †(the weekly sum of €…….. for the support of ……. dependent children †(of the family)) †(together with the sum of €…… for costs and expenses), *the first such payment to be made before or on the ….. day of …….. 20…. and each subsequent payment to be made weekly thereafter;

*2. Proof has been given that the said maintenance order was duly served on you the Maintenance Debtor of ……….;

3. An application was made in writing by the Maintenance Creditor to the District Court Clerk for the above court area, on the ….. day of ……… 20, for the issue of this summons in respect of the sums in arrear as set out below;

4. The Maintenance Creditor claims that you the Maintenance Debtor have not complied with the said maintenance order and that there is now in arrear in respect of same the sum of €….., being the amount of …… weekly payments, which have become due and payable †(together with the sum of €…… for costs and expenses making in all the sum of €……);

YOU ARE REQUIRED to attend at the sitting of the District Court to be held at …… on the ….. day of ….. 20…. at ….. a.m./p.m. on the hearing of this summons.

At that hearing, having listened to the Maintenance Creditor and to you, the Court may:

(a) having heard evidence as to the financial circumstances of both you and of the Maintenance Creditor, treat the case as one asking the Court to vary the said maintenance order and if it does, it may change the amount of each payment, or the times at which payments are to be made or change a single payment to payment by such instalments at such times as the Judge thinks is reasonable in all the circumstances,

(b) adjourn the hearing to enable the outstanding payment to be made, or

(d) if satisfied that your failure to pay is not due to your inability to make the payment concerned by reason of a change in your financial circumstances since the above order was made or due to some other reason not attributable to any act or omission on your part, treat your failure to make the payment concerned as constituting contempt of court and deal with the matter accordingly, including by making an order for your imprisonment.

Dated this…. day of…… 20….

Signed …………………

District Court Clerk

To …… of …… the above-named Maintenance Debtor

*Delete where inapplicable

†Delete where inapplicable

No. 57.6

SCHEDULE C

O.57, r. 10

*FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976, SECTION 9A(5)

(as inserted by Civil Law (Miscellaneous Provisions) Act 2011, section 31)

*CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010, SECTION 52A

(as inserted by Children and Family Relationships Act 2015, section 146)

WARRANT OF ARREST

District Court Area of District No.

…………………………………………………………………………….. Maintenance Creditor

……………………………………………………………………………….. Maintenance Debtor

WHEREAS by †maintenance/†variation/†interim order dated the . day of …. 20, 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/his support) †(and) †(the weekly sum of €………. for the support of ….. dependent child(ren) †(of the family)) †(together with the sum of €….. for costs and expenses).

AND WHEREAS the said Maintenance Creditor alleges that the monetary amounts directed to be made by the said order have not been duly paid according thereto, and there is now in arrear in respect of same the sum of €……………… being the amount of …………………. weekly payments which have become due and payable, †(together with the sum of €……………… for costs and expenses, making in all the sum of €………………).

AND WHEREAS the said Maintenance Creditor duly applied for the issue of a summons under section *9A(3) *52A(3) of the above-mentioned Act and such summons was duly issued directing the said Maintenance Debtor to appear before the District Court sitting at . this day

AND WHEREAS I AM SATISFIED that said summons was duly served on the Maintenance Debtor

AND WHEREAS I AM SATISFIED that said Maintenance Debtor has failed, without reasonable excuse, to appear in court in answer to the said summons

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the said Maintenance Debtor .. of …………………………………………………………………. and to bring him/her before me or before another Judge at the sitting of the District Court in District No ………….. next following the date of his/her arrest to be dealt with according to law.

Dated this .day of..20.

Signed …………………………………………………………

Judge of the District Court

To the Superintendent of the Garda Síochána

At ……………………………………..

*Delete where inapplicable

†Delete where inapplicable

No. 57.7

SCHEDULE C

O.57, r. 11

*FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976, SECTION 9A

(as inserted by Civil Law (Miscellaneous Provisions) Act 2011, section 31)

*CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010, SECTION 52A

(as inserted by Children and Family Relationships Act 2015, section 146)

WARRANT OF DETENTION (WHERE DEBTOR HAS ATTENDED)

District Court Area of District No.

…………………………………………………………………………….. Maintenance Creditor

……………………………………………………………………………….. Maintenance Debtor

WHEREAS

the above named Maintenance Debtor of ………………………… was this day before a sitting of the District Court at …………………… in court area and district aforesaid, pursuant to a summons issued under section *9A *52A of the above-mentioned Act reciting that:—

By †maintenance/†variation/†interim order dated day of . 20., made by the ‡………………… Court at ………………. the Maintenance Debtor, of ………………………., was ordered to pay to ………………………., the above named Maintenance Creditor, the †(weekly sum of €………… for her/his support) †(and) †(the weekly sum of €………… for the support of ……… dependent child(ren) †(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, the sum of €………… †(together with the sum of €………… for costs and expenses, making in all the sum of €…………) has not been duly paid;

AND WHEREAS the Court,

having given to the Maintenance Debtor the explanations referred to in section *9A(8) *52A(8) of the said Act,

having given the Maintenance Debtor an opportunity to apply for legal advice and legal aid,

and having heard such evidence as was adduced by the Maintenance Creditor and the Maintenance Debtor,

BEING SATISFIED that the payment concerned has not been made and that the failure to make the payment concerned is not due to—

(a) the inability of the Maintenance Debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the *(last) said order was made, or

(b) some other reason not attributable to any act or omission of the Maintenance Debtor,

Treated the failure by the Maintenance Debtor to make the payment concerned as constituting contempt of court and dealt with the matter accordingly by ordering the imprisonment of the Maintenance Debtor

THIS IS TO COMMAND YOU, to whom this warrant is addressed, to lodge the Maintenance Debtor, the said …………………………… in the prison at ……………………… there to be detained by the Governor of the said prison

*until the …….. day of …………..20.. at ..o’clock,1 (when the Governor shall have him/her at the District Court at ..), unless the sum of €.. be sooner paid by or on behalf of the said Maintenance Debtor to the District Court Clerk for District No. . or to you for transmission to said District Court Clerk

*(insert any other condition or requirement imposed by the Court to purge the contempt as appropriate)

Dated this …….. day of …………..20..

Signed ……………………………………………..

Judge of the District Court

To the Superintendent of the Garda Síochána

at ………………………………………

and his/her assistants.

And to Governor of the prison

at ………………………………………

†delete where inapplicable

*delete where inapplicable

1use where the Court has directed that the Maintenance Debtor be brought back before the Court on a date fixed by the Court

‡State Court which made Order

No. 57.8

SCHEDULE C

O.57, r. 11

*FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976, SECTION 9A

(as inserted by Civil Law (Miscellaneous Provisions) Act 2011, section 31)

*CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010, SECTION 52A

(as inserted by Children and Family Relationships Act 2015, section 146)

WARRANT OF DETENTION (FAILURE TO ATTEND)

District Court Area of District No.

…………………………………………………………………………….. Maintenance Creditor

……………………………………………………………………………….. Maintenance Debtor

WHEREAS

the above named Maintenance Debtor of ………………… was on the day of .. 20. before a sitting of the District Court at ……………….. in court area and district aforesaid, on foot of a warrant issued under section *9A(5) *52A(5) of the above-mentioned Act reciting that:—

By †maintenance/†variation/†interim order dated day of 20., made by the ‡………………..Court at ………………. the Maintenance Debtor, of ……………………., was ordered to pay to ………………, the above named Maintenance Creditor, the †(weekly sum of €………… for her/his support) †(and) †(the weekly sum of €………… for the support of …….. dependent child(ren) †(of the family)) †(together with the sum of €………… for costs and expenses)

AND WHEREAS the Court on said date, pursuant to section *9A(7) *52A(7) of said Act, fixed this day as the new date for the hearing of the summons issued under section *9A(3) *52A(3) of said Act in respect of the Maintenance Debtor and explained to the Maintenance Debtor in ordinary language—

(a) that *(s) he was required to attend before the Court on this day,

And the said Maintenance Debtor not attending in Court on this date

Treated the failure by the Maintenance Debtor to attend court as constituting contempt of court and dealt with the matter accordingly by ordering the imprisonment of the Maintenance Debtor

THIS IS TO COMMAND YOU, to whom this warrant is addressed, to lodge the Maintenance Debtor, the said ……………….. in the prison at ………………………….. there to be detained by the Governor of the said prison

*until (insert condition or other details as appropriate)

*until the …….. day of ………….. 20.. *(at ..o’clock) *(when the Governor shall have him/her at the District Court at ..).

Dated this …….. day of ………….. 20..

Signed ……………………………………………..

Judge of the District Court

To the Superintendent of the Garda Síochána

at ………………………………………

and his/her assistants.

And to Governor of the prison

at ………………………………………

†delete where inapplicable

*delete where inapplicable

No. 58.1

SCHEDULE C

O. 58, r. 4(1)

Guardianship of Infants Act 1964, section 6A

Notice of application by a person to be appointed a guardian

District Court Area of District No.

………. Applicant

…… Respondent

TAKE NOTICE that the above-named applicant of …………….. in the court (area and) district aforesaid, being a parent but not a guardian of …………………………. born on …………………., …………………………. born on …………………., (a) child(ren) residing at ………….,

will apply at the sitting of the District Court to be held at ……………….. on the … day of …………. 20.., at . a.m./p.m. for an order under section 6A of the Act appointing *him/*her to be a guardian of the said child(ren).

Dated this … day of ……………. 20..

Signed …………………………………………

Applicant/Solicitor for the Applicant

To The District Court Clerk, District Court Office, at ………………

(and)

*(To . of .)

*Delete inapplicable words

No. 58.2

SCHEDULE C

O. 58, r. 4(1)

Guardianship of Infants Act 1964, section 6A

Order appointing person to be a guardian

District Court Area of District No.

…………..Applicant

…………..Respondent

UPON APPLICATION made to this Court on this date by the above-named applicant, of ………………. in the court (area and) district aforesaid, being a parent but not a guardian of …………………………. born on …………………, …………………………. born on …………………., (a) child(ren), residing at ……………..

for an order under section 6A of the Act appointing *him/*her to be a guardian of the said child(ren);

THE COURT being satisfied that notice of application herein has been duly served upon each guardian of the child(ren) and having heard the evidence of the applicant *(and of the other parent) *(and of the other guardian(s) of the child(ren);) and being satisfied that the best interests of the child(ren) require the making of this Order;

HEREBY APPOINTS the above-named applicant ……………… to be a guardian of the said child(ren) pursuant to section 6A of the Act.

Dated this … day of ….. 20…

Signed ……………………………………………..

Judge of the District Court

*Delete inapplicable words

No. 58.3

SCHEDULE C

O. 58, r. 4(6)

Guardianship of Infants Acts 1964, section 7(4)

Notice of application by *surviving guardian *testamentary guardian for order

District Court Area of District No.

…………..Applicant

…………..Respondent

WHEREAS the above-named applicant of …………………….. in the court (area and) district aforesaid, is the *surviving guardian *testamentary guardian of …………………………. born on …………………., …………………………. born on …………………., (a) child(ren) residing at ………….

*[and whereas the applicant, the surviving guardian of the child(ren) objects to the respondent, the testamentary guardian of the child(ren) acting jointly with *him/*her as guardian of the child(ren)]

*[and whereas the applicant, the testamentary guardian of the child(ren) considers that the respondent, the surviving guardian of the child(ren), is unfit to have the custody of the child(ren)]

TAKE NOTICE that the applicant will apply at the sitting of the District Court to be held at …………… on the … day of …………. 20…, at …. a.m./p.m. for an order

*that the appointment of the respondent as testamentary guardian be revoked and that the applicant shall remain guardian of the child(ren).

*that the applicant shall act as guardian of the child(ren) to the exclusion, insofar as the Court thinks proper, of the respondent.

Dated this … day of ….. 20…

Signed ………………………………………..

Applicant/Solicitor for the Applicant

To The District Court Clerk, District Court Office, at ………………………

*and to .of

*Delete inapplicable words

No. 58.4

SCHEDULE C

O. 58, r. 4(6)

Guardianship of Infants Act 1964, section 7(5)

Order under section *7(5)(a) *7(5)(b)

District Court Area of District No.

…………..Applicant

…………..Respondent

UPON APPLICATION made to this Court on this date by the above-named applicant, of ………………… in the court (area and) district aforesaid, a *surviving guardian *testamentary guardian of …………………………. born on …………………., …………………………. born on …………………, (a) child(ren) residing at ………………. for an order under section 7 of the Act, the respondent, of ………………………. being the *testamentary guardian *surviving guardian of the child(ren)

THE COURT being satisfied that notice of the application was duly served, and that the best interests of the child(ren) require the making of this order;

HEREBY ORDERS

*that the appointment of the above-named respondent, as testamentary guardian be revoked and that the applicant as surviving guardian shall remain guardian of the said child(ren).

*that the above-named testamentary guardian shall act jointly with the said .., surviving guardian, as guardians of the said child(ren).

Dated this …. day of ………. 20…..

Signed ………………………….

Judge of the District Court

WARNING

Where this order contains a direction regarding the custody of a child or the right of access to a child, any person who fails or refuses to give up the child or to allow access to the child as required shall be guilty of an offence and shall be liable on summary conviction to a Class C fine, being a fine not exceeding €2,500 or to imprisonment not exceeding twelve months, or to both.

*Delete where inapplicable

No. 58.6

SCHEDULE C

O. 58, r. 4(6)

Guardianship of Infants Act 1964, section 7(5)

Order under section 7(5)(c)

District Court Area of District No.

…………..Applicant

…………..Respondent

UPON APPLICATION made to this Court on this date by the above-named applicant, of ………………… in the court (area and) district aforesaid, a *surviving guardian *testamentary guardian of …………………………. born on ………………….,…………………………. born on …………………., (a) child(ren) residing at ……………….. for an order under section 7 of the Act, the respondent, of ……………………. being the *testamentary guardian *surviving guardian of the child(ren)

THE COURT being satisfied that notice of the application was duly served, and that the best interests of the child(ren) require the making of this order;

HEREBY ORDERS that the above-named testamentary guardian shall act as guardian of the said child(ren),to the exclusion, insofar as the Court thinks proper, of the said .., surviving guardian,

*(so far as—

*(regarding custody and access)—

THAT

(regarding maintenance)

that the said ………….. do pay to the said …………. the weekly sum of €…….. towards the maintenance of (each of) the said child(ren) namely …………… born on …………… until such child(ren) shall attain the age of 18 years, and thereafter if, when the child(ren) has/have attained that age, he/she

(i) is or will be, or if any order were made under this Act providing for payment of maintenance for the benefit of the child, would be receiving full-time education or instruction at a university, college, school or other educational establishment, and who has not attained the age of 23 years, or

(ii) has a mental or physical disability to such extent that it is not reasonably possible for him or her to maintain himself or herself fully; making in all the total weekly sum of €………,

(regarding costs)

THAT the respondent do pay to the applicant the sum of €…… being the costs of these proceedings.

*(AND FURTHER ORDERS as follows;— .)

Dated this …. day of ………. 20…..

Signed ……………………………………..

Judge of the District Court

WARNING

*Delete where inapplicable

No. 58.11

SCHEDULE C

O. 58, r. 4(9)

Guardianship of Infants Act 1964, section 8(4) and 8(5)

Notice of Application to remove from office a guardian (and to appoint another)

District Court Area of District No.

…………..Applicant

…………..Respondent

TAKE NOTICE that the above-named applicant of ………………….. in the court (area and) district aforesaid, WILL APPLY at the sitting of the District Court to be held at …………………. on the… day of ………….. 20…, at ….. a.m./p.m. FOR AN ORDER under section8(4) of the above-mentioned Act removing from office the respondent, of ………………………………*in court (area and) district aforesaid, guardian

*appointed by *will/*deed dated the … day of ……. 19/20.

*appointed by order of the court made the … day of ……. 19/20.

*holding office by virtue of the circumstances set out in *section 2(4), *section 2(4A), *section 6B(3), *section 6B(4), of the Act

*holding office by virtue of section 6D, and subject to section 6D(2), of the Act

of …………………………. born on …………………., …………………………. born on ………………….,(a) child(ren) residing at …….. *[and for an order under section 8(5) of the Act appointing ………………………. of ……………………….. to be guardian in his/her place]

Dated this … day of …………….. 20…

Signed ………………………………………..

Applicant/Solicitor for the Applicant

To: District Court Clerk at.

To .of.

*Delete inapplicable words

No. 58.13

SCHEDULE C

O. 58, r.4(9)

Guardianship of Infants Act 1964, section 8(4) and (5)

Order removing from office a guardian *(and appointing another)

District Court Area of District No.

…………..Applicant

…………..Respondent

UPON APPLICATION made to the Court on this date by the above-named applicant of …………………….., in the court (area and) district aforesaid, for order(s) under section(s) 8(4) (*and 8(5)) of the Act in respect of the above-named respondent, of …………………………………….. *in court (area and) district aforesaid, guardian

*appointed by *will/*deed dated the … day of……. 19/20.

*appointed by order of the court made the … day of ……. 19/20.

*holding office by virtue of the circumstances set out in *section 2(4), *section 2(4A), *section 6B(3), *section 6B(4), of the Act

*holding office by virtue of section 6D, and subject to section 6D(2), of the Act

of ………………………… born on …………………., …………………………. born on …………………., (a) child(ren) residing at ………………………….

THE COURT being satisfied that notice of the application has been duly served, and that the best interests of the child(ren) require the making of this order,

HEREBY ORDERS that the respondent be removed from office as guardian of the child(ren),

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

*(AND DIRECTS as follows:— .)

Dated this … day of …… 20…

Signed ………………………….

Judge of the District Court

*Delete inapplicable words.

No. 58.17

SCHEDULE C

O. 58, r. 5(1)

Guardianship of Infants Act 1964

Notice of application under section 11 for the court’s direction

District Court Area of District No.

…………..Applicant

…………..Respondent(s)

TAKE NOTICE that application will be made at the sitting of the District Court to be held at …………. on the… day of ………… 20 …. at… a.m./p.m.

*[under section 11(1) of the Act by the above-named applicant of…………….. in court (area and) district aforesaid, being a guardian of …………………………. born on ………………….,…………………………. born on …………………., (a) child(ren) residing at ……………….. for the Court’s direction on the following question affecting the welfare of the child(ren)]

e.g. regarding custody, access, maintenance or any other matter)—

*[under section 11(1) by the above-named applicant of …………… in court *(area and) district aforesaid, being a parent of and not being a guardian of, …………………………. born on …………………., …………………………. born on …………………., (a) child(ren) residing at ……………….. whose parents have not married each other in accordance with section 11(4) of the Act (as substituted by section 53 of the Children and Family Relationships Act 2015 ), for the Court’s direction regarding the custody of the child(ren) and the right of access thereto of the applicant or the child(’s)(rens’) other parent].

Dated this … day of …………… 20…

Signed ………………………………………..

Applicant/Solicitor for the Applicant

To: District Court Clerk at..

To. of .

*Delete inapplicable words

No. 58.18

SCHEDULE C

O. 58, r. 5

Guardianship of Infants Act 1964, section 11

ORDER ON QUESTION AFFECTING WELFARE OF CHILD(REN)

District Court Area of District No.

…………..Applicant

…………..Respondent

UPON APPLICATION made to this Court on this date under section 11(1) of the Act, for the Court’s direction regarding the welfare of …………………………. born on …………………., …………………………. born on …………………., (a) child(ren) residing at ……………..

*[by the above-named applicant of ………….. in court *(area and) district aforesaid, being a guardian of the said child(ren) for the Court’s direction on the following question affecting the welfare of the said child(ren)]—

*[by the above-named applicant of ………………….. in court *(area and) district aforesaid, being a parent of and not being a guardian of the said child(ren) whose parents have not married each other in accordance with section 11(4) of the Act (as substituted by section 53 of the Children and Family Relationships Act 2015 ), for the Court’s direction regarding the custody of the child(ren) and the right of access thereto of the applicant or the child(’s)(rens’) other parent].

THE COURT being satisfied that notice of the application was duly served, and having heard the submissions made herein, and being satisfied that the best interests of the child(ren) require the making of this order,

HEREBY DIRECTS (regarding custody and access — for example —)

*that the custody care and control of the said child(ren) be given to the *(applicant) *(respondent) and that access to the said child(ren) by the *(respondent) *(applicant) be allowed on every ………….. day between the hours of ………. a.m./p.m., and ……. a.m./p.m. the *(applicant) *(respondent) to collect the child(ren) from ………….. and return the child(ren) to ……………… and that access be allowed at such further or other times as may be agreed

—Provided that the party to whom custody of the said child(ren) is hereby given shall not remove the said child(ren) from the jurisdiction of this Court without having first obtained the consent in writing of the other party or the leave of this Court or of any other Court of competent jurisdiction.

(regarding maintenance — for example —)

*that the said ………… do pay to the said ………. the weekly sum of €……….. towards the maintenance of (each of) the said child(ren), namely

…………… born on ………………….

………………. born on ………………….

until such child shall attain the age of 18 years, and thereafter if, when the child has attained that age, he or she

(i) is or will be, or if any order were made under the Act providing for payment of maintenance for the benefit of the child, would be, receiving full-time education or instruction at a university, college, school or other establishment, and who has not attained the age of 23 years; or

(ii) has a mental or physical disability to such extent that it is not reasonably possible for him or her to maintain himself or herself fully;

making in all the total weekly sum of €……….

(regarding any other question or matter)

*that (regarding costs)

*that the above-named *(respondent) *(applicant) do pay to the above-named *(applicant) *(respondent) the sum of €………….. being the costs of these proceedings.

Dated this …. day of …………… 20…..

Signed ……………………………………..

Judge of the District Court

WARNING

*Delete where inapplicable

Schedule 6

No. 54.30

O. 54, r.4(4)

Family Law (Maintenance of Spouses and Children) Act 1976

Section 5B (inserted by section 73 of the Children and Family Relationships Act 2015 )

Maintenance Summons

District Court Area of District No.

…………..Applicant

…………..Respondent

WHEREAS AN APPLICATION has been made by the above-named maintenance applicant, *(residing) *(carrying on a profession, business or occupation) at ……………………… *(in court area and district aforesaid), who is *a parent of *in loco parentis to

…………………………. born on …………………..,

(a) dependent child(ren) under the age of 18 years of age for the issue of a summons seeking a maintenance order against you (being the cohabitant of the above-named maintenance applicant) on the grounds THAT YOU the above-named respondent, *(residing) *(carrying on profession, business or occupation) at ………………… *(in court area and district aforesaid),

(a) being the cohabitant of the maintenance applicant,

(b) not being the parent of the dependent child(ren), and

HAVE FAILED TO PROVIDE SUCH MAINTENANCE as is proper in the circumstances for the said dependent child(ren).

THIS IS TO COMMAND YOU the maintenance respondent to appear at the sitting of the District Court for the court area and district aforesaid to be held at ………. on the … day of ….. 20… at …a.m./p.m. on the hearing of the said application for a maintenance order.

Dated this … day of …… 20….

Signed ……………………………….

Judge of the District Court

(or) Peace Commissioner

(or) District Court Clerk

the above-named maintenance respondent

No. 54.31

O. 54, r. 4(4)

Family Law (Maintenance of Spouses and Children) Act 1976

Section 5B (inserted by section 73 of the Children and Family Relationships Act 2015 )

Maintenance Order

District Court Area of District No.

…………..Maintenance Applicant/Maintenance Creditor

…………..Respondent/Maintenance Debtor

UPON HEARING AN APPLICATION made to this Court today by the above-named maintenance creditor *(residing) *(carrying on a profession, business or occupation) at ….*(in court area and district aforesaid) who is *a parent of *in loco parentis to

…………………………. born on …………………..,

(a) dependent child(ren) under the age of 18 years of age

FOR A MAINTENANCE ORDER against the above-named maintenance debtor on the ground that the maintenance debtor *(residing) (carrying on a profession, business or occupation) at …*(in court area and district aforesaid),

(a) being the cohabitant of the maintenance creditor,

(b) not being the parent of the dependent child(ren), and

(c) being a guardian of the dependent child(ren) appointed under section 6C of the Guardianship of Infants Act 1964 , has failed to provide such maintenance as is proper in the circumstances for the said dependent child(ren)

†AND THE COURT BEING SATISFIED that the summons herein dated the day of 20.., was duly served upon the maintenance debtor,

†AND HAVING HEARD the evidence tendered by or on behalf of the maintenance creditor *(and the maintenance debtor),

*(BY CONSENT) THE COURT HEREBY ORDERS

1. That the maintenance debtor pay to the maintenance creditor for such period during the lifetime of the maintenance creditor as the court may consider proper the weekly sum of € for the support of each dependent child named hereunder until *(specify period) . *such child shall attain the age of 18 years

…………………………. born on …………………..,

making in all the total weekly sum of €..,

2. That the first of such payments be made on the day of . 20

*(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 )

*(AND the maintenance creditor requesting the Court not to do so, and the Court considering that it would not be proper to do so, THE COURT MAKES NO DIRECTION pursuant to section 9(1)(a) of the above Act).

*(AND THE COURT FURTHER ORDERS the maintenance debtor to secure the payments as aforesaid to the maintenance creditor in the following manner:- ..).

Dated this day of 20

Signed .

Judge of the District Court

*delete words inapplicable

†delete where order is made by consent

No. 54.32

O. 54, r. 4(5)

Family Law (Maintenance of Spouses and Children) Act 1976

Section 5C (inserted by section 73 of the Children and Family Relationships Act 2015 )

Maintenance Summons

District Court Area of District No.

…………..Applicant

…………..Respondent

WHEREAS AN APPLICATION has been made by the above-named applicant, *(residing) *(carrying on profession, business or occupation) at ……………… *(in court area and district aforesaid), not being *a parent of *in loco parentis to

…………………………. born on …………………..,

(a) dependent child(ren) under the age of 18 years of age for the issue of a summons seeking a maintenance order against you on the grounds THAT YOU the above-named respondent, *(residing) *(carrying on profession, business or occupation) at ……………… *(in court area and district aforesaid),

(a) being the relevant cohabitant,

(b) not being the parent of the dependent child(ren), and

HAVE FAILED TO PROVIDE SUCH MAINTENANCE as is proper in the circumstances for the said dependent child(ren).

THIS IS TO COMMAND YOU the maintenance respondent to appear at the sitting of the District Court for the court area and district aforesaid to be held at ………. on the … day of ….. 20… at…a.m./p.m. on the hearing of the said application for a maintenance order.

Dated this … day of …… 20….

Signed ……………………………….

Judge of the District Court

(or)

Peace Commissioner

(or)

District Court Clerk

the above-named maintenance respondent

No. 54.33

O. 54, r. 4(5)

Family Law (Maintenance of Spouses and Children) Act 1976

Section 5C (inserted by section 73 of the Children and Family Relationships Act 2015 )

Maintenance Order

District Court Area of District No.

…………..Applicant/Maintenance Creditor

…………..Respondent/Maintenance Debtor

UPON HEARING AN APPLICATION made to this Court today by the above-named maintenance creditor *(residing) (carrying on a profession, business or occupation) at ..*(in court area and district aforesaid) not being *a parent of *in loco parentis to

…………………………. born on …………………..,

(a) dependent child(ren) under the age of 18 years of age

(a) being the relevant cohabitant;

(b) not being the parent of the dependent child(ren), and

†AND THE COURT BEING SATISFIED that the summons herein dated the day of 20.., was duly served upon the maintenance debtor,

†AND HAVING HEARD the evidence tendered by or on behalf of the maintenance creditor *(and the maintenance debtor),

*(BY CONSENT) THE COURT HEREBY ORDERS

…………………………. born on …………………..,

making in all the total weekly sum of €..,

2. That the first of such payments be made on the day of . 20..

*(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 )

*(AND THE COURT FURTHER ORDERS the maintenance debtor to secure the payments as aforesaid to the maintenance creditor in the following manner:- ).

Dated this day of 20

Signed …

Judge of the District Court

*delete words inapplicable

†delete where order is made by consent

No. 58.30

SCHEDULE C

O. 58, r. 4(2)

Guardianship of Infants Act 1964, section 6C (inserted by section 49 of the Children and Family Relationships Act 2015 )

Notice of application by an eligible person to be appointed a guardian

District Court Area of District No.

…………..Applicant

…………..Respondent

TAKE NOTICE that the above-named applicant of ………………… in the court *(area and) district aforesaid, who is over the age of 18 years, will apply at the sitting of the District Court to be held at …. on the … day of … 20.., at .. a.m./p.m. for an order under section 6C of the Act appointing *him/*her, not being a parent of, to be a guardian of…………………………. born on………………….., …………………………. born on ………………….., (a) child(ren) residing at ………………………………

*On the date of the application, the applicant—

(i) is married to or is in a civil partnership with, or has been for over 3 years a cohabitant of, a parent of the said child(ren), and

(ii) has shared with that parent responsibility for the said child(ren)’s day-to-day care for a period of more than 2 years.

*On the date of the application, the applicant—

(i) has provided for the said child(ren)’s day-to-day care for a continuous period of more than 12 months, and

(ii) the said child(ren) has/have no parent or guardian who is willing or able to exercise the rights and responsibilities of guardianship in respect of the child(ren).

Dated this… day of…. 20..

Signed ………………………………….

Applicant/Solicitor for the Applicant

To The District Court Clerk, District Court Office, at …………………………

and

To .of ., parent/guardian of the said child(ren)

*And to the Child and Family Agency Tusla at .

*Delete inapplicable words

No. 58.31

SCHEDULE C

O. 58, r. 4(2)

Guardianship of Infants Act 1964, section 6C (inserted by section 49 of the Children and Family Relationships Act 2015 )

Order appointing eligible person to be a guardian

District Court Area of District No.

…………..Applicant

…………..Respondent

UPON APPLICATION made to this Court on this date by the above-named applicant, of …. in the court (area and) district aforesaid, for an order under section 6C of the Act appointing *him/*her, not being a parent of, to be a guardian of …………………………. born on …………………., …………………………. born on …………………., (a) child(ren) residing at ……………………..

THE COURT

being satisfied that the said applicant is over the age of 18 years

being satisfied that notice of application herein has been duly served upon each parent and guardian of the child(ren) concerned *and upon the Child and Family Agency

*being satisfied that on the date of the application, the applicant—

(i) was *married to *in a civil partnership with *has been for over 3 years a cohabitant of, a parent of the said child(ren), and

(ii) has shared with that parent responsibility for the said child(ren)’s day-to-day care for a period of more than 2 years

*being satisfied that on the date of the application, the applicant—

(i) has provided for the said child(ren)’s day-to-day care for a continuous period of more than 12 months, and

(ii) the said child(ren) has/have no parent or guardian who is willing or able to exercise the rights and responsibilities of guardianship in respect of the child(ren)

Having heard the evidence of the applicant *(and of the parent(s) of the child(ren) *(and of the guardian(s) of the child(ren)

Having ensured that the child(ren) concerned, to the extent possible given *his/*her/*their age and understanding, *has/*have had the opportunity to make *his/*her/*their views on the matter known *and having regard to those views

Having regard to the number of persons who are guardians of the child(ren) concerned, and the degree to which those persons are involved in the upbringing of the child(ren)

*and being satisfied that the applicant and each guardian of the child(ren) consents to the making of this Order/*and being satisfied that the consent of a guardian of the child to the making of this Order is unreasonably withheld and that it is in the best interests of the said child(ren) to make such an order, ORDERS that the consent of the said . be and is hereby dispensed with, for the purposes of section 6C of the said Act

and being satisfied that the best interests of the child(ren) require the making of this Order;

HEREBY APPOINTS the above-named applicant to be a guardian of the said child(ren) pursuant to section 6C of the Act.

*And having regard to the relationship between the child(ren) concerned and the said applicant so appointed as guardian of the child(ren), and the best interests of the child(ren), one or both of the parents of the child(ren) being still living, THE COURT EXPRESSLY ORDERS pursuant to section 6C(9) of the said Act that the said applicant so appointed as guardian of the child(ren) shall enjoy the following rights and responsibilities of a guardian to the extent specified as follows and subject to the limitations specified as follows—

Rights and responsibilities of a guardian enjoyed by applicant appointed as guardian

Extent to which rights and responsibilities enjoyed by applicant appointed as guardian

Limitations (if any)

*(a) to decide on the child(ren)’s place of residence

*(b) to make decisions regarding the child(ren)’s religious, spiritual, cultural and linguistic upbringing

*(c) to decide with whom the child(ren) is/are to live

*(d) to consent to medical, dental and other health related treatment for the child(ren), in respect of which a guardian’s consent is required

*(e) under- *(i) section 2A(2) of the Firearms Act 1925 ; *(ii) section 5 of the Protection of Young Persons (Employment) Act 1996 ; *(iii) sections 50 and 50A of the International Criminal Court Act 2006 ; *(iv) sections 79, 79A and 79B of the Criminal Justice (Mutual Assistance) Act 2008 ; *(v) section 14 of the Passports Act 2008 ; *(vi) the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 .

*(f) to place the child(ren) for adoption, and consent to the adoption of the child(ren), under the Adoption Act 2010

*And the Court orders, in respect of the prior appointment of.. as guardian of the child(ren) that

Dated this… day of….. 20…

Signed ……………………………………………

Judge of the District Court

*Delete inapplicable words

No. 58.32

SCHEDULE C

O. 58, r. 4(3)

Guardianship of Infants Act 1964, section 6E(2) (inserted by section 49 of the Children and Family Relationships Act 2015 )

Nomination

TAKE NOTICE that I, . of , being a qualifying guardian of …………………………. born on …………………., …………………………. born on …………………., (a) child(ren) residing at ………., hereby nominate .of , in the event that I become incapable through serious illness or injury of exercising the rights and responsibilities of guardianship, to be temporary guardian of the said child(ren), subject to an Order to that effect being made by the District Court and subject to the terms of any such Order.

I hereby specify that if so appointed as temporary guardian, the rights and responsibilities of the said as temporary guardian shall be subject to the following limitations—

Rights and responsibilities of a guardian

Limitations (if any)

*(a) to decide on the child(ren)’s place of residence

*(b) to make decisions regarding the child(ren)’s religious, spiritual, cultural and linguistic upbringing

*(c) to decide with whom the child(ren) is/are to live

*(d) to consent to medical, dental and other health related treatment for the child(ren), in respect of which a guardian’s consent is required

*(e) under- *(i) section 2A(2) of the Firearms Act 1925 ; *(ii) section 5 of the Protection of Young Persons (Employment) Act1996; *(iii) sections 50 and 50A of the International Criminal Court Act 2006 ; *(iv) sections 79, 79A and 79B of the Criminal Justice (Mutual Assistance) Act 2008 ; *(v) section 14 of the Passports Act 2008 ; *(vi) the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 .

*(f) to place the child(ren) for adoption, and consent to the adoption of the child(ren), under the Adoption Act 2010

Dated: .

Signed:

Witness ..

(Named, address and occupation)

No. 58.33

SCHEDULE C

O. 58, r. 4(3)

Guardianship of Infants Act 1964, section 6E(3) (inserted by section 49 of the Children and Family Relationships Act 2015 )

Notice of application for appointment of nominated person as temporary guardian

District Court Area of District No.

…………..Applicant

…………..Respondent

TAKE NOTICE that the above-named applicant of ……………. in the court *(area and) district aforesaid, who is a *qualifying guardian *nominated person (within the meaning of section 6E of the above-mentioned Act) in respect of …………………………. born on …………………., …………………………. born on …………………., (a) child(ren) residing at ……………………..

will apply at the sitting of the District Court to be held at … on the … day of ….. 20.., at … a.m./p.m. for an order under section 6E of the Act appointing *(the said) . *of .. *in the court (area and) district aforesaid, a nominated person (within the meaning of section 6E of the above-mentioned Act to be a temporary guardian of the said child(ren) in lieu of ..of.. *in the court (area and) district aforesaid, qualifying guardian of said child(ren), on the grounds that the said qualifying guardian is incapable through serious illness or injury of exercising the rights and responsibilities of guardianship.

Dated this… day of…. 20..

Signed ………………………………………..

Applicant/Solicitor for the Applicant

To The District Court Clerk, District Court Office, at ………

and

To .of ., guardian of the said child(ren)

*To .of ., nominated person

*To .of ., parent of the said child(ren)

And to the Child and Family Agency Tusla at

*Delete inapplicable words

No. 58.34

SCHEDULE C

O. 58, r. 4(3)

Guardianship of Infants Act 1964, section 6E(5) (inserted by section 49 of the Children and Family Relationships Act 2015 )

Order appointing nominated person to be a temporary guardian

District Court Area of District No.

…………..Applicant

…………..Respondent

UPON APPLICATION made to this Court on this date by the above-named applicant, of ……………… in the court (area and) district aforesaid, for an order under section 6E of the above-mentioned Act appointing .. of .., nominated person to be a temporary guardian of …………………………. born on …………………., …………………………. born on …………………., (a) child(ren) residing at …………………….. in lieu of ..of .. *in the court (area and) district aforesaid, qualifying guardian of said child(ren), on the grounds that the said qualifying guardian is incapable through serious illness or injury of exercising the rights and responsibilities of guardianship

THE COURT

being satisfied that notice of application herein has been duly served upon each guardian of the child(ren) concerned *and upon a parent of the child who is not the child’s guardian *and upon the said nominated person and upon the Child and Family Agency

Having heard the evidence offered and read the nomination

Having heard the views of *(the parent(s) of the child(ren) *(the guardian(s) of the child(ren) *including the said qualifying guardian) *(the nominated person) *(the Child and Family Agency)

Having ensured that the child(ren) concerned, to the extent possible given *his/*her/*their age and understanding, *has/*have the opportunity to make *his/*her/*their views on the matter known, and taking account of those views

Being satisfied that—

(a) the qualifying guardian is incapable through serious illness or injury of exercising the rights and responsibilities of guardianship,

(b) the nominated person is a fit and proper person to exercise the rights and responsibilities specified in section 6E(8) of the above-mentioned Act, and

(c) it is in the best interests of the child concerned for the nominated person to become the temporary guardian of the child(ren).

and being satisfied that the best interests of the child(ren) require the making of this Order;

HEREBY APPOINTS the said ….. to be temporary guardian of the said child(ren) pursuant to section 6E of the Act.

*And imposes the following limitations as the Court considers necessary in the best interests of the child(ren) on the exercise by the said temporary guardian of the rights and responsibilities of guardianship-

Rights and responsibilities of a guardian enjoyed by applicant appointed as guardian

Limitations (if any)

*(a) to decide on the child(ren)’s place of residence

*(b) to make decisions regarding the child(ren)’s religious, spiritual, cultural and linguistic upbringing

*(c) to decide with whom the child(ren) is/are to live

*(d) to consent to medical, dental and other health related treatment for the child(ren), in respect of which a guardian’s consent is required

*(f) to place the child(ren) for adoption, and consent to the adoption of the child(ren), under the Adoption Act 2010

*And the Court imposes the following conditions pursuant to section 6E(6)(b) of the Act as the Court considers necessary in the best interests of the child(ren) relating to the periodic review by the Court of the appointment of the person as temporary guardian [specify conditions] *and for that purpose directs that the matter be listed before the Court sitting at ..on the day of . 20 at . o’clock on notice to

Dated this … day of …………….. 20…

Signed …………………………………………………

Judge of the District Court

*Delete inapplicable words

No. 58.35

SCHEDULE C

O. 58, r. 4(4)

Guardianship of Infants Act 1964, section 6E(9) (inserted by section 49 of the Children and Family Relationships Act 2015 )

Notice of application for order under section 6E(11)

District Court Area of District No.

…………..Applicant

…………..Respondent

TAKE NOTICE that the above-named applicant of ……………………. in the court*(area and) district aforesaid, who is a *temporary guardian *qualifying guardian (within the meaning of section 6E of the above-mentioned Act) in respect of …………………………. born on …………………., …………………………. born on …………………., (a) child(ren) residing at ……………………..

will apply at the sitting of the District Court to be held at ……………… on the … day of ….. 20.., at .. a.m./p.m. for an order under section 6E(11) of the Act, on the grounds that the said qualifying guardian is no longer incapable of exercising the rights and responsibilities of guardianship.

Dated this … day of …………. 20..

Signed ……………………………………….

Applicant/Solicitor for the Applicant

To The District Court Clerk, District Court Office, at ………………

and

To .of ., guardian of the said child(ren)

To .of ., parent of the said child(ren)

And to the Child and Family Agency Tusla at

*Delete inapplicable words

No. 58.36

SCHEDULE C

O. 58, r. 4(4)

Guardianship of Infants Act 1964, section 6E(11) (inserted by section 49 of the Children and Family Relationships Act 2015 )

Order under section 6E(11)

District Court Area of District No.

…………..Applicant

…………..Respondent

UPON APPLICATION made to this Court on this date by the above-named applicant, of ………………. in the court (area and) district aforesaid, who is a *temporary guardian *qualifying guardian (within the meaning of section 6E of the above-mentioned Act) in respect of …………………………. born on ………………….,…………………………. born on …………………., (a) child(ren) residing at …………………….. for an order under section 6E(11) of the above-mentioned Act on the grounds that the said qualifying guardian is no longer incapable through serious illness or injury of exercising the rights and responsibilities of guardianship in respect of the above-named child(ren)

THE COURT

being satisfied that notice of application herein has been duly served upon each guardian of the child(ren) concerned and upon each parent of the child who is not the child’s guardian and upon the Child and Family Agency

Having heard the evidence offered

Having heard the views of *(the parent(s) of the child(ren) *(the guardian(s) of the child(ren) *including the said qualifying guardian) *(the temporary guardian) *(the Child and Family Agency)

*CONFIRMS that the appointment of the said ., temporary guardian, shall continue in force,

*ORDERS that the said ., qualifying guardian is capable of exercising the rights and responsibilities of guardianship and REVOKES the appointment of said . as temporary guardian,

*ORDERS that the said ., qualifying guardian shall have the rights and responsibilities of guardianship following specified and that the other rights and responsibilities of guardianship shall be exercised by the said qualifying guardian and the said .., temporary guardian jointly.

Rights and responsibilities of a guardian enjoyed by the qualifying guardian

*(a) to decide on the child(ren)’s place of residence

*(b) to make decisions regarding the child(ren)’s religious, spiritual, cultural and linguistic upbringing

*(c) to decide with whom the child(ren) is/are to live

*(d) to consent to medical, dental and other health related treatment for the child(ren), in respect of which a guardian’s consent is required

*(f) to place the child(ren) for adoption, and consent to the adoption of the child(ren), under the Adoption Act 2010

*This Order shall remain in effect for the period of .. from the date hereof.

*And the Court imposes the following conditions pursuant to section 6E(12)(b) of the Act as the Court considers necessary in the best interests of the child(ren) relating to the periodic review by the Court of this Order [specify conditions] *and for that purpose directs that the matter be listed before the Court sitting at .. on the day of .20 at . o’clock on notice to

*[Specify any provisions for additional matters as the Court considers necessary in the best interests of the child concerned made in accordance with section 6E(12)(c) of the Act].

Dated this … day of ………. 20…

Signed ……………………………………………..

Judge of the District Court

*Delete inapplicable words

No. 58.37

SCHEDULE C

O. 58, r.4(5)

Guardianship of Infants Act 1964, section 6F(1) (inserted by section 49 of the Children and Family Relationships Act 2015 )

Notice of application for a declaration that a person is or is not a guardian

District Court Area of District No.

…………..Applicant

…………..Respondent

TAKE NOTICE that the above-named applicant of ………….. in the court *(area and) district aforesaid, being *a guardian *a person seeking a declaration that *he/*she is or is not a guardian by virtue of the circumstances set out in section 2(4A) or 6B(3) of the above-mentioned Act of …………………………. born on …………………., …………………………. born on …………………., (a) child(ren) residing at ……………………..

will apply at the sitting of the District Court to be held at ……………. on the .. day of ………………… 20.., at . a.m./p.m. for a declaration under section 6F(1) of the above-mentioned Act that *(the said) .of..in the court *(area and) district aforesaid is or is not a guardian of the said child(ren) by virtue of the circumstances set out in section 2(4A) or section 6B(3) of the above-mentioned Act.

Dated this … day of ……………. 20..

Signed ………………………………………..

Applicant/Solicitor for the Applicant

To The District Court Clerk, District Court Office, at ………

and

To .of ., guardian of the said child(ren)

*To .of ., the person named in the application in relation to whom the declaration is sought

No. 58.38

SCHEDULE C

O. 58, r. 4(5)

Guardianship of Infants Act 1964, section 6F(1) (inserted by section 49 of the Children and Family Relationships Act 2015 )

Order making a declaration that a person is or is not a guardian

District Court Area of District No.

…………..Applicant

…………..Respondent

UPON APPLICATION made to this Court on this date by the above-named applicant, of ……………………. in the court (area and) district aforesaid, for a declaration under section 6F(1) of the above-mentioned Act that *(the said) … of .. in the court *(area and) district aforesaid is or is not a guardian by virtue of the circumstances set out in section 2(4A) or section 6B(3) the above-mentioned Act of …………………………. born on …………………., …………………………. born on …………………., (a) child(ren) residing at ……………………..

THE COURT

being satisfied that notice of application herein has been duly served upon each guardian of the child(ren) concerned and upon the person named in the application in relation to whom the declaration is sought

Having heard the evidence offered

BEING SATISFIED on the balance of probabilities that the said , a person named in the application *is /*is not a guardian by virtue of the circumstances set out in section 2(4A) or section 6B(3) of the said Act of the said child(ren)

HEREBY DECLARES THAT , a person named in the application *is /*is not a guardian of the said child(ren) by virtue of the circumstances set out in section 2(4A) or section 6B(3) of the said Act.

Dated this … day of ………………. 20…

Signed ………………………………………………….

Judge of the District Court

*Delete inapplicable words

No. 58.39

SCHEDULE C

O. 58, r. 4(5)(i)

Guardianship of Infants Act 1964 section 8(6)

Notice of application to remove from office a guardian

District Court Area of District No.

…………..Applicant

…………..Respondent

TAKE NOTICE that the above-named applicant of …………………….. in the court (area and) district aforesaid, being a *guardian *proposed guardian of ………………….. born on ……………………., ………………………… born on ………………… (a) child(ren) residing at ……………………….. *WILL APPLY at the sitting of the District Court to be held at ………………………… on the … day of ………… 20…, at …. a.m./p.m. FOR AN ORDER under section 8(6) of the above-mentioned Act removing from office the respondent, of ……………………………*in court (area and) district aforesaid, guardian

*appointed pursuant to section *6A *6C *7 *8(1) *8(2) of the above-mentioned Act

*who holds office by virtue of the circumstances set out in section *2(4) *2(4A) *6B(3) *6B(4) of the above-mentioned Act

*who holds office by virtue of section 6D of the above-mentioned Act

of the said ………………….. born on ……………………., ………………………… born on ………………… (a) child(ren) residing at ……..

*[and for an order under section 8(5) of the Act appointing ………………………… of ……………………………………. to be guardian of the said child(ren)]

Dated this … day of ……………… 20…

Signed …………………………………………………………

Applicant/Solicitor for the Applicant

To: District Court Clerk at.

To: .of.

*Delete inapplicable words

No. 58.40

SCHEDULE C

O.58,r.4(11)

Guardianship of Infants Act 1964 section 8(6)

Order removing from office a guardian

District Court Area of District No.

…………..Applicant

…………..Respondent

UPON APPLICATION made to the Court on this date by the above-named applicant of ……………………… in the court (area and) district aforesaid, for order(s) under section 8(6) of the Act in respect of the above-named respondent, of …………………. *in court (area and) district aforesaid, guardian

*appointed pursuant to section *6A *6C *7 *8(1) *8(2) of the above-mentioned Act

*who holds office by virtue of the circumstances set out in section *2(4) *2(4A) *6B(3) *6B(4) of the above-mentioned Act

*who holds office by virtue of section 6D of the above-mentioned Act

of ………………….. born on ……………………., ………………………… born on ………………… (a) child(ren) residing at …………………………..

THE COURT

Being satisfied that notice of the application has been duly served, and that the best interests of the child(ren) require the making of this order,

Being satisfied that

(a) there is another guardian in place or about to be appointed,

(b) it is in the best interests of the said child(ren) that the respondent guardian be removed from office,

(c) for substantial reasons that appear to it to be sufficient, the Court considers it necessary or desirable to do so, and

(d) the respondent guardian who is to be removed from office—

*consents to the removal,

*is unable or unwilling to exercise the powers, responsibilities and entitlements of guardianship in respect of the said child(ren),

*has failed in *his/*her duty towards the said child(ren) to such extent that the safety or welfare of the child(ren) is likely to be prejudicially affected if *he/*she is not removed from office

HEREBY ORDERS that the respondent be removed from office as guardian of the child(ren),

*(AND APPOINTS …………………. of …………………….. as guardian pursuant to section 8(5) of the Act).

*(AND DIRECTS as follows:—

)

Dated this… day of…… 20…

Signed ……………………………………………

Judge of the District Court

*Delete inapplicable words.

No. 58.41

SCHEDULE C

O. 58, r. 5(3)

Guardianship of Infants Act 1964

Notice of application under section 11E for custody

District Court Area of District No.

…………..Applicant

…………..Respondent(s)

TAKE NOTICE that application will be made at the sitting of the District Court to be held at ……………… on the … day of ………………. 20… at …….. a.m./p.m. under section 11E of the Act in respect of ………………….. born on …………………….,………………………… born on ………………… (a) child(ren) residing at ……………………… by the above-named applicant of …………………….. in the court *(area and) district aforesaid, being-

*a person who is a relative of the said child(ren), namely *his/*her/*their …

*[a person with whom the said child(ren) resides and the applicant

(i) is or was married to or in a civil partnership with, or has been, for a period of over 3 years, the cohabitant of the parent of the child(ren), and

(ii) has, for a period of more than 2 years, shared with that parent responsibility for the child(ren)’s day-to-day care]

*[a person with whom the said child(ren) resides and the applicant

(i) is an adult who has, for a continuous period of more than 12 months, provided for the child(ren)’s day-to-day care, and

(ii) the child(ren)* has/*have no parent or guardian who is willing or able to exercise the rights and responsibilities of guardianship in respect of the child(ren)]

for an order giving the applicant custody of the said child(ren).

*As necessary, an order dispensing with the consent of any guardian of the said child(ren) to the making of such order.

Dated this … day of …………….. 20…

Signed ……………………………………….

Applicant/Solicitor for the Applicant

To: District Court Clerk at.

To .of.

*Delete inapplicable words

No. 58.42

SCHEDULE C

O. 58, r. 5(3)

Guardianship of Infants Act 1964

Order under section 11E giving custody

District Court Area of District No.

…………..Applicant

…………..Respondent(s)

UPON APPLICATION made to this Court on this date by the above-named applicant of ….. in the court *(area and) district aforesaid, under Section 11E of the Act in respect of ………………….. born on ……………………., ………………………… born on ………………… (a) child(ren) residing at …………………

THE COURT being satisfied that the applicant is

*a person who is a relative of the said child(ren), namely *his/*her/*their…

*[a person with whom the said child(ren) resides and the applicant

(i) is or was married to or in a civil partnership with, or has been, for a period of over 3 years, the cohabitant of the parent of the child(ren), and

(ii) has, for a period of more than 2 years, shared with that parent responsibility for the child(ren)’s day-to-day care]

*[a person with whom the said child(ren) resides and the applicant

(i) is an adult who has, for a continuous period of more than 12 months, provided for the child(ren)’s day-to-day care, and

(ii) the child(ren) *has/*have no parent or guardian who is willing or able to exercise the rights and responsibilities of guardianship in respect of the child(ren)]

THE COURT being satisfied *that each guardian of the child(ren) consents to the making of such order *that it is in the best interests of the child(ren) to do so, dispensing with the consent of . of a guardian of the child(ren)

and having regard to all the circumstances

HEREBY DIRECTS

*that the custody care and control of the said child(ren) be given to the applicant

*that the custody care and control of the said child(ren) be given to the applicant and to .., a parent of the child(ren) jointly and—

(regarding residential arrangements — for example —)

*that the child(ren) *is/*are to reside with . at .. during ..

*during any period when the child(ren) *is/*are not residing with the said parent, that contact with the said child(ren) by the said parent be allowed on every ………….. day between the hours of ………. a.m./p.m., and ……. a.m./p.m. the said.. to collect the child(ren) from ………….. and return the child(ren) to ……………… and that contact be allowed at such further or other times as may be agreed

—Provided that the party(ies) to whom custody of the said child(ren) is hereby given shall not remove the said child(ren) from the jurisdiction of this Court without having first obtained the consent in writing of every other party or the leave of this Court or of any other Court of competent jurisdiction.

Dated this … day of ………. 20….

Signed ……………………………………….

Judge of the District Court

WARNING

*Delete where inapplicable

No. 58.43

SCHEDULE C

O. 58, r. 8(1)

Guardianship of Infants Act 1964, section 18A(1)

Notice of application for enforcement order

District Court Area of District No.

…………..Applicant

…………..Respondent(s)

TAKE NOTICE that the above-named applicant of …… in the court (area and) district aforesaid, being a *guardian *parent of ………………….. born on …………………….,………………………… born on ………………… (a) child(ren) residing at ……………………… WILL APPLY at the sitting of the District Court to be held at ……………….. on the … day of ….. 20…, at …. a.m./p.m. FOR AN ENFORCEMENT ORDER under section 18A(1) of the above-mentioned Act.

The applicant has been granted, by order of the Court made under the said Act, *custody of, *access to, the said child(ren), and unreasonably denied such *custody *access by the respondent, who is another *guardian *parent of the said child(ren)

Dated this … day of ….. 20…

Signed ………………………………………..

Applicant/Solicitor for the Applicant

To: District Court Clerk at .

To . of .

*Delete inapplicable words

No. 58.44

SCHEDULE C

O. 58, r. 8(1)

Guardianship of Infants Act 1964, section 18A(1)

Enforcement order

District Court Area of District No.

…………..Applicant

…………..Respondent(s)

UPON APPLICATION made to the Court on this date by the above-named applicant of ………………….. in the court (area and) district aforesaid, being a *guardian *parent of ………………….. born on …………………….,………………………… born on ………………… (a) child(ren) residing at …… for an enforcement order under section 18A(1) of the above-mentioned Act

THE COURT BEING SATISFIED that

notice of the application has been duly served on each parent and guardian of the said child(ren)

The applicant has been granted, by order of the Court made under the said Act (the “prior order”), *custody of, *access to, the said child(ren)

The applicant was unreasonably denied *custody of, *access to, the said child(ren), by the respondent

It is in the best interests of the said child(ren) to do so

It is otherwise appropriate in the circumstances of the case to do so

*but being of the opinion that the denial of *custody *access was reasonable in the particular circumstances, hereby refuses the order sought

HEREBY ORDERS

*the child(ren), to the extent possible given *his/*her/*their age and understanding, *has/*have had the opportunity to make *his/*her/*their views on the matter known to the Court, and the Court having taken said views into account, that the applicant be granted access to the said child(ren) for the periods of time between.and . *and and .. (being periods of time in addition to the periods of time during which the applicant has access to the child under the prior order) which the Court considers necessary in order to allow any adverse effects on the relationship between the applicant and child(ren) caused by the denial of *custody *access to be addressed;

*that the respondent reimburse the applicant the amount of €., being the amount of necessary expenses actually incurred by the applicant in attempting to exercise *his/*her right under the prior order to *custody of *access to the child(ren)

*that *the respondent *the applicant *both the respondent and the applicant, in order to ensure future compliance by them with the prior order:—

*attend *individually *together, a parenting programme, namely .

*avail *individually *together, of family counselling from

*receive information, by . on the possibility of their availing of mediation as a means of resolving disputes between them, that adversely affect their parenting capacities, between the applicant and respondent.

Dated this … day of ………………. 20…

Signed ……………………………………..

Judge of the District Court

*Delete inapplicable words.

No. 58.45

SCHEDULE C

O. 58, r. 8(2)

Guardianship of Infants Act 1964, section 18C(1)

Notice of application for an order varying or terminating an enforcement order

District Court Area of District No.

…………..Applicant

…………..Respondent

TAKE NOTICE that the above-named applicant of ………………. in court *(area and) district aforesaid, being a *guardian *parent *state other relationship of applicant to child(ren) of the child(ren) mentioned below

WILL APPLY at the sitting of the District Court to be held at ………………. on the … day of ………………. 20… at …. a.m./p.m. for an order under section 18C(1) of the Act in respect of ………………….. born on …………………….,………………………… born on ………………… (a) child(ren) residing at …………………..

*terminating the enforcement order made under section 18A(1) of the Act by the Court sitting at ..on the . day of ..20

*varying the enforcement order made under section 18A(1) of the Act by the Court sitting at ..on the . day of ..20), in the following respects, by [set out variation sought]

Dated this … day of …………………. 20…

Signed ………………………………………..

Applicant/Solicitor for the Applicant

To: District Court Clerk at.

To .of ..

*Delete inapplicable words

No. 58.46

SCHEDULE C

O. 58, r. 8(2)

Guardianship of Infants Act 1964, section 18C(1)

Order varying or terminating an enforcement order

District Court Area of District No.

…………..Applicant

…………..Respondent

UPON APPLICATION made to this Court on this date by the above-named applicant of ……………….. in the court *(area and) district aforesaid, being a *guardian *parent *state other relationship of applicant to child(ren) of the child(ren) mentioned below) for an order under section 18C(1) of the Act in respect of ………………….. born on ……………………., ………………………… born on ………………… (a) child(ren) residing at ………………… *terminating/*varying an enforcement order made on the .. day of 20.

THE COURT being satisfied that notice of the application was duly served on every person served with the application for an enforcement order

Having heard the evidence

BEING SATISFIED that it is in the best interests of the said child(ren) to do so

*HEREBY TERMINATES the enforcement order made on the .. day of 20.

*HEREBY VARIES the enforcement order made on the .. day of 20.

AS FOLLOWS- [insert variation]

Dated this … day of …………….. 20…

Signed ………………………………………….

Judge of the District Court

*Delete inapplicable words

No. 58.47

SCHEDULE C

O. 58, r. 8(3)

Guardianship of Infants Act 1964, section 18D(1)

Notice of application for order requiring reimbursement of necessary expenses

District Court Area of District No.

…………..Applicant

…………..Respondent

WHEREAS the above-named respondent ofin court (area and district) aforesaid being a *guardian *parent of ………………….. born on …………………….,………………………… born on ………………… (a) child(ren) residing at …………………. has been granted, by order of the Court made at on the .day of .20 under the above-mentioned Act, *custody of *access to the said child(ren) and has failed, without reasonable notice to another *guardian *parent of the said child(ren), to exercise the right concerned

TAKE NOTICE that the above-named applicant of ………………….. in court *(area and) district aforesaid, being the other *guardian *parent of the said child(ren) WILL APPLY at the sitting of the District Court to be held at ………………….. on the … day of ………………… 20… at…. a.m./p.m. for an order under section 18D(1) of the Act requiring the respondent to reimburse to the applicant the sum of €. in respect of necessary expenses actually incurred by the applicant as a result of the failure of the respondent *(and the costs of this application)

Dated this … day of ………………. 20…

Signed ………………………………………..

Applicant/Solicitor for the Applicant

To: District Court Clerk at.

To .of ..

*Delete inapplicable words

No. 58.48

SCHEDULE C

O. 58, r. 8(3)

Guardianship of Infants Act 1964, section 18D(1)

Order requiring reimbursement of necessary expenses

District Court Area of District No.

…………..Applicant

…………..Respondent

UPON APPLICATION made to this Court on this date by the above-named applicant of ………………… in the court *(area and) district aforesaid, a *guardian *parent of ………………….. born on …………………….,………………………… born on ………………… (a) child(ren) residing at …………………. for an order under section 18D(1) of the Act requiring the respondent to reimburse to the applicant the sum of €.in respect of necessary expenses actually incurred by the applicant as a result of the failure of the respondent to exercise the right of *custody of *access to the said child(ren) granted, by order of the Court made at on the . day of .20 under the above-mentioned Act *(and the costs of this application),

THE COURT being satisfied that notice of the application was duly served on the respondent

Having heard the evidence

BEING SATISFIED that the respondent of being a *guardian *parent of the said child(ren) has been granted, by the above-mentioned order of the Court *custody of *access to the said child(ren) and has failed, without reasonable notice to another *guardian *parent of the said child(ren), to exercise the right concerned

BEING SATISFIED that it is in the best interests of the said child(ren) to do so

*HEREBY ORDERS the respondent to reimburse to the applicant the sum of €. in respect of necessary expenses actually incurred by the applicant as a result of the failure of the respondent to exercise that right *(and the sum of €.. for costs of this application).

Dated this … day of …………….. 20…

Signed ……………………………………………..

Judge of the District Court

*Delete inapplicable words

No. 58.49

SCHEDULE C

O.58, r.4(12)

Guardianship of Infants Act 1964

Statement of Arrangements for child

Record number:

District Court Area of District No.

…………..Applicant

…………..Respondent

Instructions for the applicant

Before applying to Court for an order under the Guardianship of Infants Act 1964 , it is desirable that you try to reach an agreement with your spouse, civil partner, or any other person who is acting or wishes to act as guardian of the child or children (the “respondent”) about the proposals for the child’s or children’s future. You can attempt to do so by mediation. [If you reach an agreement, you can if you wish jointly agree a more detailed parenting plan for the child or children and attach that plan to this Statement of Arrangements].

Whether you have agreed the proposals or not, you must complete only Parts 1, 2 and 3 of this form and then sign it at the end of Part 3. Please ensure that factual information you give in this form is accurate. You may be asked to swear in court to the truth of your factual answers. The respondent will then complete section 4 or 5 as appropriate. You should take or send the form as completed by you together with a copy to the court office when you issue your application.

Instructions for the respondent

The applicant has completed Part 1, 2 and 3 of this form. Please read all parts of the form carefully.

If you agree with the accuracy of the current arrangements and you agree to the applicant’s proposals for the child or children you should sign Part 4 of the form and strike through Part 5. If you do not agree with the accuracy of the current arrangements and/or with all or some of the proposals, you should strike through Part 4 and complete Part 5 of this form. You should return one copy of the form as completed by you to the applicant or applicant’s solicitor, retaining a copy for your own use.

Information for all parties

The court, in deciding an application under the Guardianship of Infants Act 1964 will regard the best interests of the child as the first and paramount consideration. In such applications, the court may either (a) give such directions as it thinks proper for the purpose of procuring from an expert a report in writing on any question affecting the welfare of the child; or (b) appoint an expert to determine and convey the child’s views, or do both. The court may do so either at the request of a party or without such a request, but having regard to any views expressed by or on behalf of a party or any other person concerned.

Part 1 Details of the child/children

Question 1. Details of child/children

Full name

Date of birth

Name and address of every other parent/ legal guardian /person acting in loco parentis

Question 2. Details of other children (not concerned in this application) of whom either parent is a parent or in loco parentis

Full name

Date of birth

Name of parent/person acting in loco parentis

Part 2 Current arrangements for the child/children

Please give details for each child, if arrangements are different. If necessary, continue on another sheet and attach it to this form.

Current living arrangements

Question 3. Where and with whom does/do the child/children currently live?

Name of child

Lives with

Address

Question 4. Is the place of residence in question 3 rented or owned and, if so, name the tenant(s) or owner(s)

Owned/rented

Name of owner/tenant

Question 5. Is the rent or mortgage being regularly paid and, if so, by whom?

Question 6. Give the names of all other persons living with the children either on a full-time or part-time basis and state their relationship to the children, if any

Name of other person

Living with child(ren) full-time/part-time

Relationship to child(ren)

Question 7. Is this current arrangement agreed by the applicant and the respondent(s)?Yes/No

If No, please give details in the box below.

Current access arrangements

Question 8. What are the current access or contact arrangements between the child/children and the parent(s) or guardian(s) with whom the child/children does not live?

Question 9. Have you (the applicant) and the respondent(s) agreed to these current access or contact arrangements?Yes/No

If No, please give details in the box below.

Current care arrangements

Question 10. Who currently cares for the child/children on a day to day basis?

Question 11. Have you (the applicant) and the respondent(s) agreed to the current care arrangements for the child/children on a daily basis?Yes/No

If No, please give details in the box below.

Education

Question 12. Give the name(s) of the school, college or place of training attended by the child/children.

Name of child

Name of the school, college or place of training attended

Address

Class/year

Question 13. Do any of the children have any special educational needs?Yes/No

If Yes, please give details in the box below.

Details of health

Question 14. Are the children generally in good health and without any special health needs?

Yes/No

If No, please give details of any disability, chronic illness, or the care needed and how it is to be provided, in the box below.

Court proceedings concerning the child/children

Question 15. Are there, or have there been, any proceedings in any court (in Ireland or elsewhere) involving or affecting the child/children, for example:

a) guardianship or access proceedings?

b) maintenance?

c) child care?

d) adoption?

e) wardship?

f) domestic violence (e.g. barring order or safety order concerning the place where the child/children live)?

Yes/No

If Yes, please give details in the box below. Please include information about any current proceedings in the family courts.

Question 16. If there is a maintenance order in place providing for maintenance of the child/children, please provide details below

Name of child

Name and address of person ordered to pay maintenance

Amount payable weekly

Question 17. Are any of the children in the care of the Child and Family Agency (Tusla) or under the supervision of a social worker or probation officer?Yes/No

If Yes, please give details in the box below.

Question 18. Are any of the children the subject of a community sanction issued by the Children Court?Yes/No

If Yes, please give details in the box below

Mediation

Question 19. If you are not agreed as to the arrangements for the child/children, do you intend to:

• attempt to agree matters with the respondent(s) directly before coming to court?Yes/No

• propose the use of Alternative Dispute Resolution such as mediation?Yes/No

If No, would you agree to use Alternative Dispute Resolution such as mediation?Yes/No

Question 20. Do you have a view on whether the Court should seek an expert report on any question affecting the welfare of the child/children?

Yes/No

If Yes, give details

Question 21. Do you have a view on whether the Court should appoint an expert to determine and convey the child’s/children’s views?Yes/No

If Yes, give details

Part 3 Applicant’s proposed arrangements for the child/children

Proposed living arrangements

Question 22. What arrangements are you requesting about where and with whom the child/children live in your application?

Name of child

Proposed to live with

Address

Question 23. Is this proposed arrangement agreed by the applicant and the respondent(s)?

Yes/No

If No, please give details in the box below.

Proposed access arrangements

Question 24. What are the access or contact arrangements between the child/children and the parent(s) or guardian(s) with whom the child does not live you are requesting the court to make?

Question 25. Have you (the applicant) and the respondent(s) agreed to these proposed access or contact arrangements?

Yes/No

If No, please give details in the box below.

Proposed care arrangements

Question 26. Who do you propose the court should order will care for the child/children on a day to day basis?

Question 27. Have you (the applicant) and the respondent(s) agreed to the proposed care arrangements for the child/children on a daily basis?

Yes/No

If No, please give details in the box below.

Signed: .

Applicant

Name (BLOCK CAPITALS):

Date:

Part 4 To be completed where respondent agrees

I agree with the accuracy of the current arrangements for the child/children as set out at Parts 1 and 2 above and I agree to the applicant’s proposals for the child/children as set out at Part 3 above.

Signed: .

Respondent

Name (BLOCK CAPITALS):

Date:

Part 5 To be completed where respondent does not agree

Current arrangements for the child/children

If you do not agree with some of the information given above in the answers to questions 1 to 18 inclusive concerning the current arrangements for the child/children, please set out below the answers you dispute and your answers to these questions.

Question number

Respondent’s answer

Respondent’s proposed arrangements for the child/children

Proposed living arrangements

What arrangements are you requesting about where and with whom the child/children live?

Name of child

Proposed to live with

Address

Proposed access arrangements

What are the access or contact arrangements between the child/children and the parent(s) or guardian(s) with whom the child does not live you are requesting the court to make?

Proposed care arrangements

Who do you propose the court should order will care for the child/children on a day to day basis?

Do you wish to ask the Court to give directions for the purpose of procuring an expert report on any question affecting the welfare of the child/children?

Yes/No

If Yes, give details

Do you wish to ask the Court to appoint an expert to determine and convey the child’s/children’s views?

Yes/No

If Yes, give details

Signed: .

Respondent

Name (BLOCK CAPITALS):

Date:

No. 58.50

SCHEDULE C

O. 54, r. 19; O. 58, r. 14

Family Law Act 1995, section 47

Order directing report

Record number:

District Court Area of District No.

…………..Applicant

…………..Respondent

*UPON APPLICATION made to the Court on this date by the above-named *applicant/*respondent of……………………… *(in the court (area and) district aforesaid), for an order(s) under section 47 of the Family Law Act 1995

*WHEREAS THE COURT having heard the parties considers it appropriate to do so under section 47 of the Family Law Act 1995

THE COURT

*Having regard to the submission made to it in relation to the matter by or on behalf of *the applicant/*the respondent/*.of., being a person to whom the proceedings relate

Hereby adjourns the proceedings to the Court sitting at . on the . day of ..20 and directs under section 47 of the Family Law Act 1995 the procurement of a report in writing on the following question(s) affecting the welfare of…………………………. *born on…………………., *…………………………. born on…………………., (a) child(ren) residing at…………………….., being *a party to the proceedings *a person to whom the proceedings relate from—

*, being a probation officer (within the meaning of the Child Abduction and Enforcement of Custody Orders Act, 1991 ) as is for the time being nominated by the Minister for Justice and Equality *such probation officer (within the meaning of the Child Abduction and Enforcement of Custody Orders Act, 1991 ) as the Minister for Justice and Equality may nominate,

*being a person nominated by the Child and Family Agency, who is a person who in its opinion is suitably qualified for the purpose

*.of(state capacity or qualification).

Question(s) to be addressed in said report:-

1. .

2. .

AND THE COURT FURTHER DIRECTS, for the purpose of procuring said report, that . (insert any further directions under section 47)

The report is to be *lodged with the District Court Clerk at not later than *handed into Court on the . day of .. 20

A copy of the report shall be given to the parties to the proceedings and to *.., being the person to whom the report relates, and may be received in evidence in the proceedings.

*The fees and expenses incurred in the preparation of the report shall be:

*paid by the *applicant/*respondent

*paid as to ..% by the applicant and as to ..% by the respondent

*reserved pending the determination of the proceedings.

Dated this … day of …………….. 20…

Signed ……………………………………………

Judge of the District Court

*Delete inapplicable words

No. 58.51

SCHEDULE C

O. 58, r. 14

Guardianship of Infants Act 1964, section 32(1)(a)

Order directing report

Record number:

District Court Area of District No.

…………..Applicant

…………..Respondent

*WHEREAS THE COURT having heard the parties considers it appropriate to do so under section 32(1)(a) of the Guardianship of Infants Act 1964

THE COURT

Having regard to:

(a) the age and maturity of the child(ren) concerned, namely…………………………. *born on…………………., *…………………………. born on…………………., (a) child(ren) residing at……………………..;

(b) the nature of the issues in dispute in the proceedings;

(c) any previous report under section 32(1)(a) of the Guardianship of Infants Act 1964 on a question affecting the welfare of the said child(ren);

(d) the best interests of the said child(ren);

(e) whether the making of the order will assist the expression by the said child(ren) of *his/*her/*their views in the proceedings;

(f) the views expressed to it in relation to the matter by or on behalf of *the applicant/*the respondent/* . of ., being a person to whom the proceedings relate

Hereby adjourns the proceedings to the Court sitting at . on the . day of ..20 and directs under section 32(1)(a) of the Guardianship of Infants Act 1964 the procurement of a report in writing on the following question(s) affecting the welfare of the said child(ren) from

*. of , whom the Court considers a suitable expert (state capacity or qualification).

Question(s) to be addressed in said report:-

1. .

2. .

AND THE COURT FURTHER DIRECTS, for the purpose of procuring said report, that . (insert any further directions under section 32(1)(a))

The report is to be *lodged with the District Court Clerk at not later than *handed into Court on the . day of .. 20

A copy of the report shall be given to:

the parties to the proceedings

†and to .., being the child concerned,

and may be received in evidence in the proceedings.

Dated this… day of…………….. 20…

Signed …………………………

Judge of the District Court

*Delete inapplicable words

†Delete where the Court determines that the report obtained under section 32(1)(a) should be not furnished to the child to whom it relates, having regard to the following:

(a) the age and maturity of the child and the capacity of the child to understand the report;

(b) the impact on the child of reading the report and the effect it may have on his or her relationship with his or her parents or guardians;

(d) whether the best interests of the child would be better served by the furnishing of the report to the parent, guardian, next friend of the child or an expert appointed under section 32(1)(b), rather than to the child himself or herself.

No. 58.52

SCHEDULE C

O. 58, r. 14

Guardianship of Infants Act 1964, section 32(1)(b)

Order directing report

Record number:

District Court Area of District No.

…………..Applicant

…………..Respondent

*WHEREAS THE COURT having heard the parties considers it appropriate to do so under section 32(1)(b) of the Guardianship of Infants Act 1964

THE COURT

Having regard to:

(b) the nature of the issues in dispute in the proceedings;

(c) any previous report under section 32(1)(a) of the Guardianship of Infants Act 1964 on a question affecting the welfare of the said child(ren);

(d) the best interests of the said child(ren);

(e) whether the making of the order will assist the expression by the said child(ren) of *his/*her/*their views in the proceedings;

(f) the views expressed to it in relation to the matter by or on behalf of *the applicant/*the respondent/*.of., being a person to whom the proceedings relate

Hereby adjourns the proceedings to the Court sitting at . on the . day of ..20 and appoints.of. under section 32(1)(b) of the Guardianship of Infants Act 1964 an expert to determine and convey the views of the said child(ren).

The said expert shall—

ascertain the maturity of the child(ren)

*ascertain whether or not *the said child *each said child is capable of forming *his/*her own views on the matters that are the subject of the proceedings

*where the said expert ascertains that *the said child *each said child is capable of forming *his/*her own views on the matters that are the subject of the proceedings—

the said expert shall

(i) ascertain the views of *the said child *each said child

*generally

*on the following question(s) on which the Court seeks the views of the child(ren), namely

Question(s):-

1. .

2. .

(ii) furnish to the Court a report, which shall put before the Court any views expressed by the child(ren) in relation to the matters to which the proceedings relate.

The report is to be *lodged with the District Court Clerk at not later than *handed into Court on the . day of .. 20

Dated this … day of …………….. 20…

Signed …………………………………………….

Judge of the District Court

*Delete inapplicable words

No. 58.53

SCHEDULE C

O. 58, r. 14

Guardianship of Infants Act 1964, section 12A(4)

Child Care Act 1991, section 20

Order directing report

Record number:

District Court Area of District No.

…………..Applicant

…………..Respondent

*UPON APPLICATION under *section 12A(4) of the Guardianship of Infants Act 1964 * section 20 of the Child Care Act 1991 made to the Court on this date by the above-named *applicant/*respondent of……………………… *(in the court (area and) district aforesaid), for an order under section 20 of the Child Care Act 1991

*WHEREAS THE COURT having heard the parties considers it appropriate to do so under section 20 of the Child Care Act 1991

THE COURT

under *section 12A(4) of the Guardianship of Infants Act 1964 * section 20 of the Child Care Act 1991 hereby adjourns the proceedings to the Court sitting at . on the . day of ..20 and directs the Child and Family Agency to undertake an investigation of the circumstances of…………………………. born on………………….,…………………………. born on…………………., (a) child(ren) residing at……………………..

AND THE COURT *hereby gives the following directions as to the care and custody of the said child(ren). *hereby makes a supervision order in respect of the said child(ren)., pending the outcome of the investigation by the Child and Family Agency.

AND THIS ORDER requires the Child and Family Agency to undertake an investigation of the circumstances of the said child(ren). and to consider whether it should—

(a) apply for a care order or for a supervision order with respect to the child(ren),

(b) provide services or assistance for the child(ren) or *his/*her/*their family, or

AND if the Child and Family Agency undertakes an investigation under the said section 20 of the Child Care Act 1991 and decides not to apply for a care order or a supervision order with respect to the child(ren) concerned, it is required to inform the Court of—

(a) its reasons for so deciding,

(b) any service or assistance it has provided, or it intends to provide, for the child(ren) and *his/*her/*their family, and

*Having regard to the evidence given and what was offered on behalf of the parties, the Court considers that the following circumstances in particular should be investigated, namely, .

*A report in writing on the investigation to be *lodged with the District Court Clerk at not later than *handed into Court on the . day of .. 20

Dated this … day of …………….. 20…

Signed ………………………………………………….

Judge of the District Court

*Delete inapplicable words

/images/ls

EXPLANATORY NOTE

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

These rules amend the District Court Rules by amending Orders 54, 54A, 57 and 58 and 98 and associated forms in Schedule C to facilitate the operation of the Children and Family Relationships Act 2015 .

S.I. No. 544/2019 –

Children and Family Relationships Act 2015 (Consent to Use Declaration) Regulations 2019

View SIAmendments
Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th November, 2019.

I, SIMON HARRIS, Minister for Health, in exercise of the powers conferred on me by section 41 of the Children and Family Relationships Act 2015 (No. 9 of 2015), hereby make the following regulations:

1. (1) These Regulations may be cited as the Children and Family Relationships Act 2015 (Consent to Use Declaration) Regulations 2019.

(2) These Regulations shall come into operation on the 5th day of May 2020.

2. In these Regulations, “Act of 2015” means the Children and Family Relationships Act 2015 (No. 9 of 2015).

3. The following forms of declaration are prescribed for the purposes of section 41 of the Act of 2015:

(a) in the case of a declaration under section 6(1)(c) of the Act of 2015, the form of declaration set out in Schedule 1;

(b) in the case of a declaration under section 14(5)(b) of the Act of 2015, the form of declaration set out in Schedule 2;

(c) in the case of a declaration under section 16(5)(b) of the Act of 2015, the form of declaration set out in Schedule 3.

SCHEDULE 1

Children and Family Relationships Act 2015

Declaration to be completed under section 6(1)(c) of the Act of 2015

THIS DECLARATION IS TO BE MADE BEFORE THE DONATION IS MADE.

Please complete this form in BLOCK CAPITALS.

I, ________________, hereby declare:

1. that I received the information referred to in section 7 of the Act of 2015;

2. (a) that I consent to the use in a DAHR procedure of the gamete provided by me; □

(b) that my consent is restricted to the use of the gamete provided by me in a DAHR procedure performed on the request of –

(i) the intending mother, specified as ____________, where the DAHR procedure concerned is one to which section 25(3)(b)(i) of the Act of 2015 applies, □

(ii) the intending parents, specified as _____________ (intending mother) and ________________ (spouse/civil partner/cohabitant (delete as appropriate) of the intending mother), where the DAHR procedure concerned is one to which section 25(3)(b)(ii) of the Act of 2015 applies; □

3. that, in the event that the gamete is used in a procedure referred to in paragraph 2, I consent to the provision to the Minister of the following information referred to in section 28(3)(a) of the Act of 2015, namely:

(a) my name;

(b) my date and place of birth;

(d) the date on which, and the place at which, I provided the gamete;

(e) my contact details;

4. that I am aware that I shall not be the parent of any child born as a result of a procedure referred to in paragraph 2;

5. that, in the event that a child is born as a result of a procedure referred to in paragraph 2, I –

(a) consent to the recording on the National Donor-Conceived Person Register of the information referred to in paragraph 3, specified in section 33(3)(d) of the Act of 2015, in respect of me,

and

(b) understand that the child may, in accordance with section 35 of the Act of 2015, access the information referred to in paragraph 3 and seek to contact me.

Name: ______________________________

Signature: ___________________________

Date: _______________________________

Signed in the presence of a person authorised in that behalf by the operator of the donation facility where the gamete is provided

[facility name]: ______________________

Print name: __________________________

Signature: ___________________________

Date: _______________________________

SCHEDULE 2

Children and Family Relationships Act 2015

PART 1

Declaration to be completed under section 14 (5)(b) of the Act of 2015 (where neither man nor woman is an intending parent)

Form A

THIS DECLARATION IS TO BE MADE BEFORE THE DONATION IS MADE.

Please complete this form in BLOCK CAPITALS.

I, ________________, hereby declare:

1. that I received the information referred to in section 15 of the Act of 2015;

2. (a) that I consent to the use of the embryo in a DAHR procedure; □

(b) that my consent is restricted to the use of the embryo in a DAHR procedure performed on the request of –

(i) the intending mother (not being the woman making this Declaration), specified as ______________, where the DAHR procedure concerned is one to which section 25(3)(b)(i) of the Act of 2015 applies, □

(ii) the intending parents, specified as _____________ (intending mother – not being the woman making this Declaration) and ________________ (spouse/civil partner/cohabitant (delete as appropriate) of the intending mother), where the DAHR procedure concerned is one to which section 25(3)(b)(ii) of the Act of 2015 applies; □

3. that I am aware that I shall not be the parent of any child born as a result of the DAHR procedure;

4. that, in the event that the embryo is used in a DAHR procedure, I consent to the provision to the Minister of the following information referred to in section 28(3)(a) of the Act of 2015, namely:

(a) my name;

(b) my date and place of birth;

(d) the date on which, and the place at which, I provided the gamete;

(e) my contact details;

5. that, in the event that a child is born as a result of a DAHR procedure, I –

(a) consent to the recording on the National Donor-Conceived Person Register of the information referred to in paragraph 4, specified in section 33(3)(d) of the Act of 2015 in respect of me,

and

(b) understand that the child may, in accordance with section 35 of the Act of 2015, access the information referred to in paragraph 4 and seek to contact me.

Name: ______________________________

Signature: ___________________________

Date: _______________________________

In the presence of a person authorised in that behalf by the operator of a DAHR facility [facility name]: ________________

Print name: __________________________

Signature: ___________________________

Date: _______________________________

SCHEDULE 2

Part 1

Form B

THIS DECLARATION IS TO BE MADE BEFORE THE DONATION IS MADE.

Please complete this form in BLOCK CAPITALS.

I, ________________, hereby declare:

1. that I received the information referred to in section 15 of the Act of 2015;

2. (a) that I consent to the use of the embryo in a DAHR procedure; □

(b) that my consent is restricted to the use of the embryo in a DAHR procedure performed on the request of –

(i) the intending mother (not being the woman making this Declaration), specified as ____________, where the DAHR procedure concerned is one to which section 25(3)(b)(i) of the Act of 2015 applies, □

3. that I am aware that I shall not be the parent of any child born as a result of the DAHR procedure;

4. that, in the event that the embryo is used in a DAHR procedure, I consent to the provision to the Minister of the following information referred to in section 28(3)(a) of the Act of 2015, namely:

(a) my name;

(b) my date and place of birth;

(d) the date on which, and the place at which, I provided the gamete;

(e) my contact details;

5. that, in the event that a child is born as a result of a DAHR procedure, I –

(a) consent to the recording on the National Donor-Conceived Person Register of the information referred to in paragraph 4, specified in section 33(3)(d) of the Act of 2015, in respect of me,

and

(b) understand that the child may, in accordance with section 35 of the Act of 2015, access the information referred to in paragraph 4 and seek to contact me.

Name: ______________________________

Signature: ___________________________

Date: _______________________________

In the presence of a person authorised in that behalf by the operator of a DAHR facility [facility name]: ________________

Print name: __________________________

Signature: ___________________________

Date: _______________________________

PART 2

Declaration to be completed under section 14(5)(b) of the Act of 2015 (where woman is an intending mother but man is not an intending parent)

THIS DECLARATION IS TO BE MADE BEFORE THE DONATION IS MADE.

Please complete this form in BLOCK CAPITALS.

I, ________________, hereby declare:

1. that I received the information referred to in section 15 of the Act of 2015;

2. (a) that I consent to the use of the embryo in a DAHR procedure; □

(b) that my consent is restricted to the use of the embryo in a DAHR procedure performed on the request of –

(i) the intending mother, specified as ____________, where the DAHR procedure concerned is one to which section 25(3)(b)(i) of the Act of 2015 applies, □

(ii) the intending parents, specified as _____________ (intending mother) and _________________________ (spouse/civil partner/cohabitant (delete as appropriate) (not being a person making this Declaration) of the intending mother), where the DAHR procedure concerned is one to which section 25(3)(b)(ii) of the Act of 2015 applies; □

3. that I am aware that I shall not be the parent of any child born as a result of the DAHR procedure;

4. that, in the event that the embryo is used in a DAHR procedure, I consent to the provision to the Minister of the following information referred to in section 28(3)(a) of the Act of 2015, namely:

(a) my name;

(b) my date and place of birth;

(d) the date on which, and the place at which, I provided the gamete;

(e) my contact details;

5. that, in the event that a child is born as a result of a DAHR procedure, I –

(a) consent to the recording on the National Donor-Conceived Person Register of the information referred to in paragraph 4, specified in section 33(3)(d) of the Act of 2015 in respect of me,

and

(b) understand that the child may, in accordance with section 35 of the Act of 2015, access the information referred to in paragraph 4 and seek to contact me.

Name: ______________________________

Signature: ___________________________

Date: _______________________________

In the presence of a person authorised in that behalf by the operator of a DAHR facility [facility name]: ________________

Print name: __________________________

Signature: ___________________________

Date: _______________________________

SCHEDULE 3

Children and Family Relationships Act 2015

PART 1

Declaration to be made under section 16(5)(b) of the Act of 2015 in a case where subsection (2) applies (both persons consenting to use of the embryo in further DAHR procedure where neither are intending parents)

Form A

THIS DECLARATION IS TO BE MADE BEFORE THE DONATION IS MADE.

Please complete this form in BLOCK CAPITALS.

I, ________________, hereby declare:

1. that I received the information referred to in section 17 of the Act of 2015;

2. (a) that I consent to the use of the embryo in a further DAHR procedure; □

(b) that my consent is restricted to the use of the embryo in a further DAHR procedure performed on the request of –

(i) the intending mother (not being a woman who is making this Declaration), specified as ____________, where the further DAHR procedure concerned is one to which section 25(3)(b)(i) of the Act of 2015 applies, □

(ii) the intending parents, specified as __________ (intending mother – not being a woman who is making this Declaration) and ______________ (spouse/civil partner/cohabitant (delete as appropriate) of the intending mother), where the further DAHR procedure concerned is one to which section 25(3)(b)(ii) of the Act of 2015 applies; □

3. that I am aware that I shall not be the parent of any child born as a result of a further DAHR procedure;

4. where the embryo was formed from a gamete provided by me –

(a) that, in the event that the embryo is used in a further DAHR procedure, I consent to the provision to the Minister of the following information referred to in section 28(3)(a) of the Act of 2015, namely:

(i) my name;

(ii) my date and place of birth;

(iii) my nationality;

(iv) the date on which, and the place at which, I provided the gamete;

(v) my contact details,

and

(b) that, in the event that a child is born as a result of a further DAHR procedure, I –

(i) consent to the recording in the National Donor-Conceived Person Register of the information referred to in subparagraph (a), specified in section 33(3)(d) of the Act of 2015 in respect of me,

and

(ii) understand that the child may, in accordance with section 35 of the Act of 2015, access the information referred to in subparagraph (a) and seek to contact me.

Name: ______________________________

Signature: ___________________________

Date: _______________________________

In the presence of a person authorised in that behalf by the operator of a DAHR

facility [facility name]: ________________

Print name: __________________________

Signature: ___________________________

Date: _______________________________

SCHEDULE 3

PART 1

Form B

THIS DECLARATION IS TO BE MADE BEFORE THE DONATION IS MADE.

Please complete this form in BLOCK CAPITALS.

I, ________________, hereby declare:

1. that I received the information referred to in section 17 of the Act of 2015;

2. (a) that I consent to the use of the embryo in a further DAHR procedure; □

(b) that my consent is restricted to the use of the embryo in a further DAHR procedure performed on the request of –

(i) the intending mother (not being a person who is making this Declaration) specified as ________________, where the further DAHR procedure concerned is one to which section 25(3)(b)(i) of the Act of 2015 applies, □

(ii) the intending parents specified as ________________, (intending mother – not being a person who is making this Declaration) and ________________ (spouse/civil partner/cohabitant (delete as appropriate) of the intending mother), where the further DAHR procedure concerned is one to which section 25(3)(b)(ii) of the Act of 2015 applies; □

3. that I am aware that I shall not be the parent of any child born as a result of a further DAHR procedure;

4. where the embryo was formed from a gamete provided by me –

(i) my name;

(ii) my date and place of birth;

(iii) my nationality;

(iv) the date on which, and the place at which, I provided the gamete;

(v) my contact details, and

(b) that, in the event that a child is born as a result of a further DAHR procedure, I –

(i) consent to the recording in the National Donor-Conceived Person Register of the information referred to in subparagraph (a), specified in section 33(3)(d) of the Act of 2015 in respect of me,

and

(ii) understand that the child may, in accordance with section 35 of the Act of 2015, access the information referred to in subparagraph (a) and seek to contact me.

Name: ______________________________

Signature: ___________________________

Date: _______________________________

In the presence of a person authorised in that behalf by the operator of a DAHR facility [facility name]: ________________

Print name: __________________________

Signature: ___________________________

Date: _______________________________

PART 2

Declaration to be made under section 16(5)(b) of the Act of 2015 in a case where subsection (4) applies (intending parent, not being intending mother, consenting to use of the embryo in further DAHR procedure)

THIS DECLARATION IS TO BE MADE BEFORE THE DONATION IS MADE.

Please complete this form in BLOCK CAPITALS.

I, ________________, hereby declare:

1. that I received the information referred to in section 17 of the Act of 2015;

2. (a) that I consent to the use of the embryo in a further DAHR procedure; □

(b) that my consent is restricted to the use of the embryo in a further DAHR procedure performed on the request of –

(i) the intending mother, specified as ____________, where the further DAHR procedure concerned is one to which section 25(3)(b)(i) of the Act of 2015 applies, □

(ii) the intending parents, specified as ___________ (intending mother) and ________________ (spouse/civil partner/cohabitant (delete as appropriate) (not being a person making this Declaration) of the intending mother), where the further DAHR procedure concerned is one to which section 25(3)(b)(ii) of the Act of 2015 applies; □

3. that I am aware that I shall not be the parent of any child born as a result of a further DAHR procedure;

4. where the embryo was formed from a gamete provided by me –

(i) my name;

(ii) my date and place of birth;

(iii) my nationality;

(iv) the date on which, and the place at which, I provided the gamete;

(v) my contact details, and

(b) that, in the event that a child is born as a result of a further DAHR procedure, I –

(i) consent to the recording in the National Donor-Conceived Person Register of the information referred to in subparagraph (a), specified in section 33(3)(d) of the Act of 2015 in respect of me and

(ii) understand that the child may, in accordance with section 35 of the Act of 2015, access the information referred to in subparagraph (a) and seek to contact me.

Name: ______________________________

Signature: ___________________________

Date: _______________________________

In the presence of a person authorised in that behalf by the operator of a DAHR facility [facility name]: ________________

Print name: __________________________

Signature: ___________________________

Date: _______________________________

PART 3

Declaration to be made under section 16(5)(b) of the Act of 2015 in a case where subsection (1)(b)(ii) applies (intending mother consenting to use of the embryo in further DAHR procedure other than in respect of a DAHR procedure in which she is the intending mother)

THIS DECLARATION IS TO BE MADE BEFORE THE DONATION IS MADE.

Please complete this form in BLOCK CAPITALS.

I, ________________, hereby declare:

1. that I received the information referred to in section 17 of the Act of 2015;

2. (a) that I consent to the use of the embryo in a further DAHR procedure; □

(b) that my consent is restricted to the use of the embryo in a further DAHR procedure performed on the request of –

(i) the intending mother (not being a person making this Declaration), specified as ____________, where the further DAHR procedure concerned is one to which section 25(3)(b)(i) of the Act of 2015 applies, □

(ii) the intending parents specified as ___________ (intending mother – not being a person making this Declaration) and ________________ (spouse/civil partner/cohabitant (delete as appropriate) of the intending mother), where the further DAHR procedure concerned is one to which section 25(3)(b)(ii) of the Act of 2015 applies; □

3. that I am aware that I shall not be the parent of any child born as a result of a further DAHR procedure;

4. where the embryo was formed from a gamete provided by me –

(i) my name;

(ii) my date and place of birth;

(iii) my nationality;

(iv) the date on which, and the place at which, I provided the gamete;

(v) my contact details, and

(b) that, in the event that a child is born as a result of a further DAHR procedure, I –

(i) consent to the recording in the National Donor-Conceived Person Register of the information referred to in subparagraph (a), specified in section 33(3)(d) of the Act of 2015 in respect of me,

and

(ii) understand that the child may, in accordance with section 35 of the Act of 2015, access the information referred to in subparagraph (a) and seek to contact me.

Name: ______________________________

Signature: ___________________________

Date: _______________________________

In the presence of a person authorised in that behalf by the operator of a DAHR facility [facility name]: ________________

Print name: __________________________

Signature: ___________________________

Date: _______________________________

/images/ls

GIVEN under my Official Seal,

4 November, 2019.

SIMON HARRIS,

Minister for Health.

EXPLANATORY NOTE

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

These Regulations may be cited as the Children and Family Relationships Act 2015 (Consent to Use Declaration) Regulations 2019.

These Regulations provide for prescribed forms to be used, under Sections 6 (1)(c), 14 (5)(b), and 16(5)(b) of the Children and Family Relationships Act 2015 , as appropriate, for the purpose of signing a declaration, before a donation is made, that consents to the use of a donated gamete or embryo in a donor assisted human reproduction procedure.

These Regulations come into operation on 5 May 2020.

S.I. No. 545/2019 –

Children and Family Relationships Act 2015 (Consent to Parentage Declaration) Regulations 2019

“Iris Oifigiúil” of 8th November, 2019.

I, SIMON HARRIS, Minister for Health, in exercise of the powers conferred on me by section 41 of the Children and Family Relationships Act 2015 (No. 9 of 2015), hereby make the following regulations:

1. (1) These Regulations may be cited as the Children and Family Relationships Act 2015 (Consent to Parentage Declaration) Regulations 2019.

(2) These Regulations shall come into operation on the 5th day of May 2020.

2. In these Regulations, “Act of 2015” means the Children and Family Relationships Act 2015 (No. 9 of 2015).

3. The following forms of declaration are prescribed for the purposes of section 41 of the Act of 2015:

(a) in the case of a declaration under section 9(1)(c) of the Act of 2015, the form of declaration set out in Part 1 of the Schedule;

(b) in the case of a declaration under section 11(1)(d) of the Act of 2015, the form of declaration set out in Part 2 of the Schedule.

SCHEDULE

PART 1

Children and Family Relationships Act 2015

Declaration to be completed under section 9(1)(c) of the Act of 2015 by the intending mother

THIS DECLARATION IS TO BE MADE BEFORE THE DAHR PROCEDURE IS PERFORMED.

Please complete this form in BLOCK CAPITALS.

I, the undersigned, hereby declare:

1. that I received the information referred to in section 13 of the Act of 2015;

2. that, in the event that a DAHR procedure is performed, I –

(a) consent to the provision to the Minister of the following information referred to in section 28(3)(b) of the Act of 2015 in respect of me:

(i) name;

(ii) date of birth;

(iii) address and contact details; and

(b) agree to comply with my obligations under section 27 of the Act of 2015;

3. that I am aware that –

(a) the donor of a gamete or embryo used in the DAHR procedure shall not be the parent of any child born as a result of that procedure, and

(b) that I shall be the mother of such a child;

4. where applicable, that I consent to _______________, being my spouse / civil partner / cohabitant (delete as appropriate), being the parent under section 5(1)(b) of the Act of 2015 of any child born as a result of the DAHR procedure;

5. that, in the event that a child is born as a result of the DAHR procedure, I –

(a) consent to the recording on the National Donor-Conceived Person Register of the following information under section 33(3)(c) of the Act of 2015 in respect of me:

(i) name;

(ii) date of birth;

(iii) address and contact details;

(b) consent to the recording on the National Donor-Conceived Person Register of the following information specified in paragraphs (a) and (b) of section 33(3) of the Act of 2015 in respect of the child:

(i) name;

(ii) date of birth;

(iii) place of birth;

(iv) sex;

(v) address;

and

(c) understand that the child may, in accordance with section 35 of the Act of 2015, access the following information under section 33(3)(d) of the Act of 2015 in respect of a person who is, in relation to the child, a relevant donor and seek to contact him or her:

(i) his or her name;

(ii) his or her date and place of birth;

(iii) his or her nationality;

(iv) the date on which, and the place at which, he or she provided the gamete;

(v) his or her contact details.

Name of Intending Mother: _________________________

Signature: ___________________________

Date: _______________________________

In the presence of a person authorised in that behalf by the operator of the DAHR facility where the DAHR procedure is to be performed

[facility name]: ___________________.

Print Name: ______________________

Signature: ________________________

Date: ____________________________

PART 2

Children and Family Relationships Act 2015

Declaration to be completed under section 11(1)(d) of the Act of 2015 by the spouse, civil partner or cohabitant of the intending mother

THIS DECLARATION IS TO BE MADE BEFORE THE DAHR PROCEDURE IS PERFORMED.

Please complete this form in BLOCK CAPITALS.

I, the undersigned, hereby declare:

1. that I am the spouse / civil partner / cohabitant (delete as appropriate) of ____________________, the intending mother;

2. that I received the information referred to in section 13 of the Act of 2015;

3. that, in the event that a DAHR procedure is performed, I –

(a) consent to the provision to the Minister of the following information referred to in section 28(3)(b) of the Act of 2015 in respect of me:

(i) name;

(ii) date of birth;

(iii) address and contact details; and

(b) agree to comply with my obligations under section 27 of the Act of 2015;

4. that I am aware that –

(a) the donor of a gamete or embryo used in the DAHR procedure shall not be the parent of any child born as a result of that procedure, and

(b) by consenting in accordance with section 11 of the Act of 2015, I shall, under that Act, together with the mother of the child, be the parent of such a child;

5. that, in the event that a child is born as a result of the DAHR procedure, I –

(a) consent to the recording on the National Donor-Conceived Person Register of the following information specified in section 33(3)(c) of the Act of 2015 in respect of me:

(i) name;

(ii) date of birth;

(iii) address and contact details;

(i) name;

(ii) date of birth;

(iii) place of birth;

(iv) sex;

(v) address; and

(c) understand that the child may, in accordance with section 35 of the Act of 2015, access the following information specified in section 33(3)(d) of the Act of 2015 in respect of a person who is, in relation to the child, a relevant donor and seek to contact him or her:

(i) his or her name;

(ii) his or her date and place of birth;

(iii) his or her nationality;

(iv) the date on which, and the place at which, he or she provided the gamete;

(v) his or her contact details.

Name of Spouse / Civil Partner / Cohabitant (delete as appropriate) of the intending mother: ______________________________

Signature: ___________________________

Date: _______________________________

In the presence of a person authorised in that behalf by the operator of the DAHR facility where the DAHR procedure is to be performed

[facility name]: ___________________.

Print Name: ______________________

Signature: ________________________

Date: ____________________________

/images/ls

GIVEN under my Official Seal,

4 November, 2019.

SIMON HARRIS,

Minister for Health.

EXPLANATORY NOTE

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

These Regulations may be cited as the Children and Family Relationships Act 2015 (Consent to Parentage Declaration) Regulations 2019.

These Regulations provide for prescribed forms to be used, under Sections 9(1)(c) or 11(1)(d) of the Children and Family Relationships Act 2015 as appropriate, for the purpose of signing a declaration that consents to parentage before a donor assisted human reproduction procedure takes place, and consents to providing certain information to the Minister and to the recording of certain information on the National Donor-Conceived Person Register.

These Regulations come into operation on 5 May 2020.

S.I. No. 546/2019 –

Children and Family Relationships Act 2015 (Certification) Regulations

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th November, 2019.

I, SIMON HARRIS, Minister for Health, in exercise of the powers conferred on me by section 41 of the Children and Family Relationships Act 2015 (No. 9 of 2015), hereby make the following regulations:

1. (1) These Regulations may be cited as the Children and Family Relationships Act 2015 (Certification) Regulations 2019.

(2) These Regulations shall come into operation on the 5th day of May 2020.

2. In these Regulations, “Act of 2015” means the Children and Family Relationships Act 2015 (No. 9 of 2015).

3. The form of certification set out in the Schedule is prescribed for the purposes of section 27(5) of the Act of 2015.

SCHEDULE

Children and Family Relationships Act 2015

Certificate to be furnished to intending parent by the operator of a donor-assisted human reproduction (“DAHR”) facility for the purposes of section 27(5) of the Act of 2015

Furnished by [DAHR facility operator], [DAHR facility]

Please complete this form in BLOCK CAPITALS.

(1) (a) On (dd/mm/yyyy), a DAHR procedure was performed at the DAHR facility named above on the request of:

Name: ____________________________ (full name of intending mother)

of _________________________________________________________

(usual place of residence of above named intending mother).

(b) On (dd/mm/yyyy), a DAHR procedure was performed at the DAHR facility named above on the request of:

Name:____________________________ (full name of intending mother)

of _________________________________________________________

(usual place of residence of above named intending mother)

and

Name:_____________________________ (full name of spouse / civil partner / cohabitant (delete as appropriate) of intending mother)

of _________________________________________________________

(usual place of residence of above named spouse / civil partner / cohabitant (delete as appropriate) of intending mother).

(2) In relation to the procedure referred to at (1) above (select as appropriate) –

(a) one gamete provided by a donor was used in the procedure and that gamete was –

(i) a human egg, □

(ii) a human sperm, □

(b) each gamete used in the procedure was provided by a donor, □

(3) Select as appropriate:

(a) The gamete referred to at (2)(a) above that was provided by a donor was one to which –

(i) section 26(1) of the Act of 2015 applied, □

(ii) section 26(5) of the Act of 2015 applied, □

(iii) section 26(8)(b) (other than a gamete to which subsection (1) or (5) also applies) of the Act of 2015 applied. □

(b) Each gamete referred to at (2)(b) above was provided by a donor and:

(i) where that gamete was a human egg –

(I) section 26(1) of the Act of 2015 applied, □

(II) section 26(5) of the Act of 2015 applied; □

and

(ii) where that gamete was a human sperm –

(I) section 26(1) of the Act of 2015 applied, □

(II) section 26(5) of the Act of 2015 applied. □

(i) section 26(2) of the Act of 2015 applied, □

(ii) section 26(6) of the Act of 2015 applied. □

(4) The intending mother, named above as _____________________, consented under section 9 of the Act of 2015 to the parentage under section 5 of the Act of 2015 of a child born as a result of the procedure.

(5) (where applicable) The spouse / civil partner / cohabitant (delete as appropriate) of the intending mother, named above as ________________, consented under section 11 of the Act of 2015 to being the parent of a child born as a result of the procedure.

Issued by the DAHR facility operator: _______________________________

Signature: ____________________________

Print name: ___________________________

Date: ________________________________

Issued by: ____________________________

Authorised on behalf of DAHR facility operator

Signature: ____________________________

Print name: ___________________________

Date: ________________________________

/images/ls

GIVEN under my Official Seal,

4 November, 2019.

SIMON HARRIS,

Minister for Health.

EXPLANATORY NOTE

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

These Regulations may be cited as the Children and Family Relationships Act 2015 (Certification) Regulations 2019.

These Regulations provide for a certificate, as prescribed under section 27(5) of the Children and Family Relationships Act 2015 , to be provided to intending parents by the operator of a donor-assisted human reproduction (“DAHR”) facility.

These Regulations come into operation on 5 May 2020.

Assisted Reproduction

CHILDREN AND FAMILY RELATIONSHIPS ACT 2015

Short title, collective citations and commencement

Parentage in Cases of Donor-Assisted Human Reproduction

Interpretation (Parts 2 and 3)

Parentage of child born as a result of DAHR procedure

Consent to use of gamete in DAHR procedure

Revocation of consent given under section 6

Consent of intending mother

Revocation of consent given under section 9

Consent of husband, civil partner or cohabitant of intending mother

Revocation of consent given under section 11

Information to be provided for purposes of sections 9 and 11

Consent to use of embryo in DAHR procedure

Information to be provided for purposes of section 14

Consent to use of embryo in further DAHR procedure

Information to be provided for purposes of section 16

Revocation of consent given under section 14 or 16

Payment of reasonable expenses

Child to whom this section applies

Declaration by District Court of parentage of child to whom section 20 applies

Declaration by Circuit Court of parentage of child to whom section 20 applies

Effect of declaration under section 21 or 22

Donor-Assisted Human Reproduction

Acquisition by operator of DAHR facility of gamete or embryo

Performance of DAHR procedure

Use of gamete or embryo in DAHR procedure

Intending parent to provide information to DAHR facility following DAHR procedure

DAHR facility to retain and provide certain information

Minister may require information on compliance by DAHR facility with section 28

Authorised persons

Powers of authorised persons

Enforcement of obligations of DAHR facility under section 28

National Donor-Conceived Person Register

Access to certain information from Register

Information in respect of relevant donor to be provided to donor-conceived child

Information in respect of donor-conceived child to be provided to relevant donor

Information in respect of other persons to be provided to donor-conceived child

Additional provision in relation to sections 33 to 37

Interaction of Register and register of births

Jurisdiction (Parts 2 and 3)

Regulations (Parts 2 and 3)

Service of documents (Parts 2 and 3)

Amendments to Succession Act 1965

Amendments to Family Law (Maintenance of Spouses and Children) Act 1976

Amendments to Status of Children Act 1987

Amendments to Family Law Act 1995

Amendments to Civil Registration Act 2004

Amendment to Passports Act 2008

Amendments to Adoption Act 2010

Amendments to Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

Miscellaneous Consequential Amendments to Other Acts

District Court (Children and Family Relationships Act 2015) Rules 2016.

Maintenance of spouses and children

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

Order 57

Custody and Guardianship of Children

SCHEDULE C

EXPLANATORY NOTE

Children and Family Relationships Act 2015 (Consent to Use Declaration) Regulations 2019

EXPLANATORY NOTE

Children and Family Relationships Act 2015 (Consent to Parentage Declaration) Regulations 2019

EXPLANATORY NOTE

Children and Family Relationships Act 2015 (Certification) Regulations

EXPLANATORY NOTE

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