Courts Act, 1981
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Jurisdiction under Family Law (Maintenance of Spouses and Children) Act, 1976. |
12.—The Family Law (Maintenance of Spouses and Children) Act, 1976 , is hereby amended by the substitution of the following section for section 23: | |
“23. (1) Subject to subsection (2) of this section, the Circuit Court and the District Court shall have jurisdiction to hear and determine proceedings under sections 5 , 6 , 7 and 9 of this Act. | ||
(2) (a) The District Court and the Circuit Court, on appeal from the District Court, shall not have jurisdiction to make an order under this Act for the payment of a periodical sum at a rate greater than £100 per week for the support of a spouse or £30 per week for the support of a child. | ||
(b) Subject to paragraph (d) of this subsection, nothing in subsection (1) of this section shall be construed as conferring on the District Court or the Circuit Court jurisdiction to make an order or direction under section 5 , 6 , 7 or 9 of this Act in any matter in relation to which the High Court has made an order or direction under any of those sections. | ||
(c) Subject to paragraph (d) of this subsection, nothing in subsection (1) of this section shall be construed as conferring on the District Court jurisdiction to make an order or direction under section 5 , 6 , 7 , or 9 of this Act in any matter in relation to which the Circuit Court (except on appeal from the District Court) has made an order or direction under any of those sections. | ||
(d) The District Court and the Circuit Court may vary or revoke an order or direction made by the High Court under section 5 , 6 , 7 or 9 of this Act before the commencement of section 12 of the Courts Act, 1981, if— | ||
(i) the circumstances to which the order or direction of the High Court related have changed other than by reason of such commencement, and | ||
(ii) in the case of a variation or revocation of such an order or direction by the District Court, the provisions of the order or direction would have been within the jurisdiction of that Court if the said section 12 had been in operation at the time of the making of the order or direction.”. |