S.I. No. 152/1990 - Circuit Court Rules (No. 1), 1990.

S.I. No. 152 of 1990.

CIRCUIT COURT RULES (No. 1), 1990.

( Status of Children Act, 1987 )

We the Circuit Court Rules Committee constituted pursuant to the provisions of section 69 of the Courts of Justice Act, 1936 , and section 12 of the Courts of Justice Act, 1947 , by virtue of the powers conferred on us by section 66 of the Courts of Justice Act, 1924 , and section 70 of the Courts of Justice Act, 1936 (as applied by section 48 of the Courts (Supplementary Provisions) Act, 1961) and section 6A of the Guardianship of Infants Act, 1964 (as inserted by section 12 of the Status of Children Act, 1987 ) and Part VI of the Status of Children Act, 1987 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the following Rules of Court.

Dated the 14th day of May, 1990.

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

Dated this 19th day of June, 1990.

RAPHAEL P. BURKE,

Minister for Justice.

S.I. No. 152 of 1990.

CIRCUIT COURT RULES (No. 1), 1990.

( Status of Children Act, 1987 )

These Rules, which may be cited as the Circuit Court Rules (No. 1) 1990, shall come into operation on the 2nd day of July 1990.

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

ORDER 73

APPLICATION BY REGISTERED FATHER TO BECOME GUARDIAN WITH MOTHER'S CONSENT

Section 6A of the Guardianship of Infants Act, 1964 (as inserted by section 12 of the Status of Children Act, 1987 )

Explanatory

1. This Order provides for a special procedure for the determination of an application by the father to be appointed as guardian of an infant where:

( a ) The mother consents in writing to the appointment of the father as guardian, and

( b ) the father is registered as the father in a Register maintained under the Births and Deaths Registration Acts, 1863 to 1987.

Transitional

2. All applications made or proceedings taken before this Order shall have come into operation but which are in accordance with the existing Rules and practice of the Court shall have the same validity as applications made or proceedings taken in accordance with this Order.

Venue

3. Every application under this Order shall be brought in the County where the applicant or the infant to whom the application relates ordinarily resides or carries on any profession, business or occupation.

Issue

4. All proceedings under this Order shall be instituted by the issue, out of the Office of the County Registrar, of an originating application.

Form

5. All applications made with the consent in writing of the mother pursuant to section 6A of the Guardianship of Infants Act, 1964 (as inserted by section 12 of the Status of Children Act, 1987 ) shall be brought in accordance with Form A in the Schedule of Forms hereto or such modification thereof as may be appropriate and shall be dated and shall bear the name, address and description of the applicant and shall be signed by his solicitor, if any, or if none, by himself.

Filing

6. On the issue of an application, a copy thereof shall be filed and the County Registrar shall thereupon enter the same and cause the same to be listed on the return date mentioned therein. It shall not be necessary in the first instance to give notice of the application to the mother. However, in cases where the mother has not completed a Statutory Declaration in Form B provided in the Schedule hereto or a suitable modification thereof or in the absence of the appearance of the mother in Court on the return date, the Judge may in his discretion adjourn the said application and may direct that notice thereof be served upon the mother and may give such further or other directions as to the hearing of the said application as may to him seem appropriate in the circumstances of the case.

Hearing

7. Every application under this order shall be heard on oral evidence. It will be necessary for the applicant to produce suitable evidence of the consent in writing of the mother, and a certified copy of the entry in the Register maintained under the Births and Deaths Registration Acts, 1863 to 1987, showing that the applicant is registered as the father of the infant to whom the application relates. Every application under this Order shall be heard otherwise than in public.

ORDER 74

APPLICATION FOR DECLARATION OF PARENTAGE

Part VI of the Status of Children Act, 1987 .

Transitional

1. All applications made or proceedings taken before this Order shall have come into operation but which are in accordance with the existing rules and practice of the Court shall have the same validity as applications made or proceedings taken in accordance with this Order.

Venue

2. Every application under this Order shall be brought in the County where any party to the application ordinarily resides or carries on any profession, business or occupation, or, where no party to the proceedings ordinarily resides or carries on any profession, business of occupation in the State, before the Dublin Circuit.

Issue

3. All proceedings under this Order shall be instituted by the issue, out of the office of the County Registrar, of an originating application.

Form

4. Every application made pursuant to Section 35 of the Status of Children Act, 1987 , shall be brought in accordance with Form C in the Schedule of Forms hereto or such modification thereof as may be appropriate and shall be dated and shall bear the name, address and description of the applicant and shall be signed by his solicitor, if any, or if none, by himself, save that where the applicant is under eighteen years of age on the date of the application, the application shall bear the name, address and description of the next friend of the applicant and shall be signed by the solicitor of the next friend, if any, or if none, by the next friend. Every application shall contain the following information where applicable, and where not applicable, that fact shall be stated:

A. The address within the State where every party to the application resides or carries on any profession, business or occupation.

B. The date of birth of the applicant.

C. The place of birth of the applicant.

D. If the place of birth of the applicant is not within the State, the reasons for seeking the declaration from the court.

E. The name and address of the person named as the father of the applicant.

F. Whether the person named as the father of the applicant is or is not alive.

G. The name and address of the person named as the mother of the applicant.

H. Whether the person named as the mother of the applicant is or is not alive.

I. In respect of each person named as father or mother, a brief statement of the grounds upon which it is alleged that the said person is the father or mother of the applicant.

Parties

5. Any person or persons named as father or mother of the applicant shall be named as respondents to the application, unless he or she is the next friend of the applicant for the purpose of the said application. If any person who would otherwise be named as respondent is not alive or is not available for service of proceedings within the jurisdiction, then the application may be made in the first instance without service on that person. In every case the Court may direct that notice of any application under this Order shall be given to such person or persons as the Court thinks fit and 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. Such notice shall be given by service upon such person to be notified of a true copy of the original application and of notice of the making of the order directing the giving of such notice.

Filing

6. On the issue of application, a copy thereof shall be filed and the County Registrar shall thereon enter the same and cause the same to be listed on the return date mentioned therein.

Service

7. Every application shall be served by sending a copy of the same by prepaid ordinary post addressed to the respondent (or party directed to be notified as aforesaid) at his last known place of residence, or alternatively, may be served personally on the respondent or such person to be notified or any person over the age of eighteen years. Service by post shall be deemed to have been effected on the second day following the day of posting. An affidavit of service of every application shall be sworn and shall be filed before the return date. Where it is difficult or impossible to serve any such respondent or other person within the jurisdiction, the Court or the County Registrar may make an Order for substituted service or for service outside the jurisdiction of the said application or notice thereof or for both substituted service and service outside the jurisdiction.

Answer

8. If the respondent or any person served with notice of the said application or any person who has been made a party to the said proceedings wishes to dispute, wholly or in part, the claim of the applicant or any of the information set out on the application, he shall, within ten days of the service on him of the application or within such further time as the Court may allow, serve upon the applicant or his solicitor an answer in Form D in the Schedule of Forms hereto or such modification thereof as may be appropriate. A true copy of such answer shall be filed at the office and served on every other party to the said proceedings within two days after the service thereof upon the applicant or his solicitor. If default is made in serving and/or filing any answer, then the Court may on application made on notice to the party in default give judgment on the application or direct that the application proceed on the footing that the matters set out in the application be deemed to be admitted by the party in default, upon the Court being satisfied that the said party in default was served with notice of the said application at least four clear days prior to the hearing thereof.

Directions, etc

9. On the return date fixed therefor, or on any adjourned date, the court may give such direction or directions as it may deem expedient relating to the said application and to the hearing thereof, including but not limited to the giving of particulars, the provision of information, the sending of papers to the Attorney General, the adding of the Attorney General or any other person as a party to the proceedings, the notification of the application to any person, and any other matter in relation to which applications or directions are provided by Part VI of the Status of Children Act, 1987 .

Hearing

10. Save where the Court otherwise directs, every application under this Order shall be heard an oral evidence. On the hearing of every application the Court may direct that the whole or any part of the proceedings shall be heard otherwise than in public, and an application for a direction under this Rule shall be so heard unless the Court otherwise directs.

Subsidiary applications

11. Every application made pursuant to section 35 (v) (for a direction that papers be sent to the Attorney General) or section 35 (vii) (ordering that a person be added as a party to the proceedings) of the Status of Children Act, 1987 , and every application for judgement pursuant to Rule 8 shall, without prejudice to the power of the Court to act of its own motion, be made by application on notice to such parties as are affected thereby, which notice shall be served at least four clear days before the hearing of such application. Service by post shall be deemed to have been affected on the second day following the day of posting.

Declaration

12. Any declaration made under this Order shall be made in Form E in the Schedule of Forms hereto or such modification thereof as may be appropriate. A copy of every declaration made under this Order shall be furnished by the County Registrar to An tArd-Chláraitheoir within ten days of the making of such declaration.

ORDER 75.

BLOOD TESTS WHERE PARENTAGE IS IN ISSUE

Part VII of the Status of Children Act, 1987

Form

1. Every application made pursuant to Section 38 of the Status of Children Act, 1987 , for a direction for the use of blood tests shall, without prejudice to the power of the Court to make a direction of its own motion, be made by notice of motion in Form F in the Schedule of Forms hereto or such modification thereof as may be appropriate. Such notice of motion shall be headed up with the title of the proceedings in which the application is brought and shall specify the name of the person whose parentage is in dispute and shall set out the full name and address and date of birth of each person from whom it is proposed that a blood sample be taken.

Service

2. The notice of motion shall be served on every person from whom it is proposed that a blood sample be taken at least four clear days before the date fixed for the hearing thereof. Service by post shall be deemed to have been effected on the second day after the day of posting.

Evidence

3. Every said application shall be heard on oral evidence, unless the Court otherwise allows or directs.

Direction

4. Every direction under Section 38 (1) shall be in Form G in the Schedule of Forms hereto.

Notice of Intention to call witness (Section 40(5))

5. Where blood samples have been tested pursuant to section 40 of the Act, no party to the proceedings shall, unless the Court otherwise directs, be entitled to call as a witness the person under whose control the blood samples were tested or any person by whom anything necessary for the purpose of enabling these tests to be carried out was done, unless within fourteen days after receiving a copy of the report he serves a notice in Form H of the Schedule of Forms hereto or such modification thereof as may be appropriate on the other parties to the proceedings or on such of them as the Court may direct, of his intention to call that person as a witness.

SCHEDULE

FORM A

(Order 73 Rule 6)

Form of Application

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

In the Matter of Section 6A of the Guardianship of Infants Act, 1964 .

APPLICATION BY FATHER TO BE APPOINTED GUARDIAN WITH

WRITTEN CONSENT OF MOTHER.

[NOTE: This form is for use where the applicant's name already appears on the Births Register as father of the child and the mother consents in writing to the applicant's appointment as guardian. If either of these two conditions is not met, it will be necessary to use the general procedure for applications under the Guardianship Act set out in the Circuit Court Rules (No. 6), 1982 ( S.I. No. 158 of 1982 ).]

TAKE NOTICE that the applicant intends to apply to this Court sitting at        in the County of        on the     day of , 19  for an Order pursuant to section 6A of the Guardianship of Infants Act, 1964 , as inserted by section 12 of the Status of Children Act, 1987 , to be appointed as guardian of the above named infant.

The applicant will rely upon proof of the following matters in support of his application:

1. That he is the father of the infant named above and that he is registered as such father in a Register maintained under the Births and Deaths Registration Acts, 1863 to 1987;

[NOTE: It will be necessary to produce at the hearing a recent Birth Certificate which shows the applicant as father.]

2. That the mother of the said infant is   and resides at       ;

3. That one mother has consented in writing to the appointment of the applicant as guardian as aforesaid;

[NOTE: It will be necessary to produce at the hearing the written consent of the mother. Form B provides a means for her to give written consent. If the mother does not appear at the hearing, the Judge may adjourn the application to enable notice to be served on her.]

4. That the applicant understands and is willing to take on the responsibilities and duties involved in acting as guardian of the said infant jointly with the mother and undertakes to exercise the said duties and the said responsibilities in the best interests of the said infant.

To: The County Registrar

(Address of County Registrar)

FORM B

(Order 73 Rule 6)

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

STATUTORY DECLARATION OF MOTHER

I,             , do solemnly and sincerely declare that:—

1. I reside at

2. I am the mother of      who was born on the   day of   , 19  .

3. I hereby consent to the appointment of

the father of the said infant, as guardian of the said infant;

OR

I beg to refer to my written consent to the appointment of        , the father of the above named infant, as guardian of the said infant, upon which marked with the letter "A" I have signed my name prior to the making of this Declaration.

4. I understand and acknowledge that as guardian of the said infant, the said father will be entitled to act jointly with me as guardian of the said infant and will exercise the duties and responsibilities of looking after the best interests of the said        until he or she reaches the age of eighteen years.

I make this solemn Declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

FORM C

(Order 74 Rule 4)

APPLICATION FOR DECLARATION OF PARENTAGE

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

PART VI OF THE STATUS OF CHILDREN ACT, 1987 .

*Delete as appropriate.

TAKE NOTICE that the above named Applicant (by his/her Next Friend) hereby applies to the Court sitting at                   pursuant to Section 35 of the Status of Children Act, 1987 , for an Order declaring

*Delete as appropriate.

STATEMENT OF INFORMATION

To be provided by the applicant:

(1) Address of applicant:

(2) State whether above address is *residential/professional/business/ occupational:

*Delete as appropriate.

(3) Date of Birth of applicant:

(4) If applicant is under 18 years, address of Next Friend:

(5) State whether above address is *residential/professional/business/ occupational;

*Delete as appropriate.

(6) Place of birth of applicant:

(7) If place of birth was not within the State, please state here the reasons for seeking a declaration from this Court (if further space is required an extra sheet can be attached hereto):

*(8) In respect of the person named above as the father of the applicant, state:

*Delete as appropriate.

( a ) his address;

( b ) whether the said address is *residential/professional/business/occupational;

*Delete as appropriate.

( c ) is he still alive?

( d ) give a brief statement of the grounds for alleging that the said person is the father of the applicant;

*(9) In respect of the person who is named above as the mother of the applicant, please state:

*Delete as appropriate.

( a ) her address:

( b ) whether the said address is *residential/professional/business/occupational;

*Delete as appropriate.

( c ) is she still alive?

( d ) Give a brief statement of the grounds for alleging that the said person is the mother of the applicant:

AND TAKE NOTICE that if you wish to dispute the applicant's claim or any of the matters stated in this application, you should serve on the applicant or his solicitor within the space of ten days an answer in the prescribed form specifying the facts so disputed and the grounds for disputing the within application, and a copy of that answer should be filed and served on every party to these proceedings.

AND FURTHER TAKE NOTICE that you are required to attend the Court by yourself or your solicitor on the return date, namely the   day of   , 19  at the Courthouse at

Dated this      day of     , 19 .

To: Respondent

Address:

And To the County Registrar.

FORM D

(Order 74 Rule 8)

ANSWER

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

PART VI OF THE STATUS OF CHILDREN ACT, 1987 .

*delete where appropriate.

44 TAKE NOTICE that                    , the above named Respondent/Notice Party, intends to dispute the claim of the Applicant herein on the grounds that:

[Here set out a brief statement of the grounds for opposing the Applicant's claim, together with an express denial of every fact set out in the form of application which is not admitted]

1.

2.

3.

*Which said application/Notice of which said application was served upon the said "Respondent/Notice Party on the      day of        , 19 .

Dated this       day of       , 19   .

*Delete as appropriate.

To: Applicant

Address:

And To the County Registrar

Etc.

FORM E

(Order 74 Rule 12)

FORM OF DECLARATION

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

PART VI OF THE STATUS OF CHILDREN ACT, 1987 .

*Delete as appropriate.

DECLARATION

TAKE NOTICE that whereas the application of the above named applicant pursuant to Part VI of the Status of Children Act, 1987 , came before this Court and was determined on the  day of  , 19  ,

NOW IT IS HEREBY DECLARED that:

*delete where appropriate

*delete where appropriate

*delete where appropriate

Which said Declaration is made this   day of

          , 19 by His Honour Judge

sitting at The Courthouse,

in the County of .

FORM F

(Order 75 Rule 1)

APPLICATION FOR DIRECTION FOR THE TAKING OF A BLOOD SAMPLE

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

PART VII OF THE STATUS OF CHILDREN ACT, 1987 .

Title of proceedings:

NOTICE OF MOTION

TAKE NOTICE that at        o'clock on the day of            , 19 , an application will be made to the Court sitting at  on behalf of the above named Plaintiff/Applicant/Defendant/Respondent (delete as appropriate) for an Order directing that blood tests be carried out in respect of the persons whose names are set out below for the purpose of ascertaining the parentage of           (name of person whose parentage is in dispute).

Dated this       day of

To the County Registrar,

And To:

FORM G

(Order 75 Rule 4)

DIRECTION FOR THE CARRYING OUT OF BLOOD TESTS

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

PART VII OF THE STATUS OF CHILDREN ACT, 1987 .

The parentage of                 being in question in these proceedings, the Court DIRECTS that blood tests be used for the purposeof assisting the court to determine whether or not    being *a person named in an application for the use of bloodtests /*a party to the proceedings, and further DIRECTS that blood samples be taken *within   from the date of this Direction/ *before the     day of  , 19 , from the following persons:

*delete where appropriate.

*and further DIRECTS that the blood samples so taken shall be tested under the control of

*delete where appropriate

FORM H

(Order 75 Rule 5)

NOTICE OF INTENTION TO CALL CERTAIN EVIDENCE

AN CHÚIRT CHUARDA

(THE CIRCUIT COURT)

PART VII OF THE STATUS OF CHILDREN ACT, 1987 .

TAKE NOTICE that               , a party to the above Proceedings, intends to call as a witness the following person to give evidence in relation to the within proceedings, namely     (who was the person under whose control the blood samples were tested)* (who carried out work necessary for the purpose of enabling blood tests to be carried out,)* the report having been received on the   day of  19 .

*Delete where appropriate.

[NOTE: This notice must be served within 14 days of the receipt of the report — s.40(5) of the Status of Children Act, 1987 .]

To:

(Address)

And to: The County Registrar,

(Address)

EXPLANATORY NOTE

These rules, which come into effect on 2 July 1990, set out the procedures and forms for use in the following types of proceeding:

( a ) Application by registered father to become guardian with mother's consent under section 6A of the Guardianship of Infants Act 1964 (Note that where the applicant's name does not already appear on the births register as father of the child, or where the mother does not consent in writing to the application, the appropriate procedure for an application under section 6A is set out in the Circuit Court Rules (No. 6), 1982 ( S.I. no. 158 of 1982 );

( b ) Application for a declaration of parentage under Part VI of the Status of Children Act, 1987 ;

( c ) The use of blood tests in any civil proceedings where a person's parentage is in issue (these can include among others guardianship, maintenance, succession and declaration of parentage proceedings).