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Rules of the Superior Courts

Appendix: KK

Mediation : S.I. No. 13 of 2018
No. 1

Order 70A, rule

THE HIGH COURT FAMILY LAW

IN THE MATTER OF *THE GUARDIANSHIP OF INFANTS ACT 1964

*THE JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT 1989

*THE FAMILY LAW ACT 1995


BETWEEN/ A.B.

Applicant and

C.D.

Respondent


STATUTORY DECLARATION

I, ........, solicitor, of .......... aged eighteen years and upwards, do solemnly and sincerely declare that:

1. I am the solicitor for the *Applicant/*Respondent in the above-entitled * (intended) proceedings.

2. I have complied with the requirements of *section 20 *section 21 of the Guardianship of Infants Act 1964 *section 5 *section 6 of the Judicial Separation and Family Law Reform Act 1989 *section 6(2) *(and 6(3)) of the Family Law (Divorce) Act 1996 *section 7(2) *(and 7(3)) of the Family Law (Divorce) Act 1996.

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

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

Declared before me........ [name in capitals] a *(Judge of the District Court) * (commissioner for oaths/practising solicitor) *(peace commissioner) *(notary public) by the said........

*[who is personally known to me],

*[who is identified to me by ....... who is personally known to me]

*[whose identity has been established to me before the taking of this Declaration by the production to e of

†passport no. ...... issued on the ..... day of ........ by the authorities of ........, which is an authority recognised by the Irish Government,

†national identity card no. ........ issued on the ...... day of ....... by the authorities of ....... which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement,

†Aliens Passport no. ........ issued on the .... day of ....... by the authorities of ....... which is an authority recognised by the Irish Government,

†refugee travel document no. ...... issued on the ...... day of ........ by the Minister for Justice and Equality,

† travel document (other than refugee travel document) ........ issued on the ..... day of ....... by the Minister for Justice and Equality,]

At ........... this .... day of ...... 20.......

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

*Judge of the District Court *Commissioner for Oaths / *Practising Solicitor /*Peace Commissioner /* Notary Public.

* Delete where inapplicable.

†Where relevant, provide details of the document by which identity has been established, and delete the remaining alternatives.


---------------------------

No. 5

THE HIGH COURT FAMILY LAW

[Insert as appropriate]

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

IN THE MATTER OF THE FAMILY LAW ACT 1995

IN THE MATTER OF THE FAMILY LAW (DIVORCE) ACT 1996 BETWEEN/


A.B.

Applicant and

C.D.

Respondent


AFFIDAVIT OF MEANS

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

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

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

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

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

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

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


FIRST SCHEDULE

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

SECOND SCHEDULE

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

THIRD SCHEDULE

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

FOURTH SCHEDULE

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

FIFTH SCHEDULE

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

SWORN etc.


----------------------------

No. 6

THE HIGH COURT FAMILY LAW

[Insert as appropriate]

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

IN THE MATTER OF THE FAMILY LAW ACT 1995

IN THE MATTER OF THE FAMILY LAW (DIVORCE) ACT 1996 BETWEEN/


A.B.

Applicant and

C.D.

Respondent


AFFIDAVIT OF WELFARE

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

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

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

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

2. I say that I am fully in agreement with the facts as averted to by the Applicant in his/her Affidavit of Welfare sworn herein on the ..... day of .... 20 ..... and I say and believe that the facts set out in the Schedule hereto are true].


SCHEDULE

Part I — Details of the children


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

Forenames ....... Surname .... Date of Birth .......

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

Forenames ....... Surname ...... Date of Birth .......

Relationship to Applicant/Respondent


Part II — Arrangements for the children of the family

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

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

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

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

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

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

Part III — Education and training details
      (a) Give the names of the school, college or place of training attended by each child.

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

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

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

Part IV — Childcare details
      (a) Which parent looks after the children from day to dayIf responsibility is shared, please give details.

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

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

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

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

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

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

      (c) Has maintenance for the children been agreedIf yes, give details.

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

Part VI — Details of contact with the children
      (a) Do the children see the Applicant/RespondentPlease give details.

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

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

Part VII — Details of health

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

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

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


Part VIII — Details of care and other court proceedings

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

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


Part IX — Declaration

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

Signed: .......

Applicant/Respondent

Witnessed: ......

Date: .....


Part X — Agreement of Respondent (where applicable)

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

Signed: .........

Respondent

Witnessed: .........

Date: .......


---------------------------

No. 7

THE HIGH COURT FAMILY LAW

[Insert as appropriate]

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

IN THE MATTER OF THE FAMILY LAW ACT 1995

IN THE MATTER OF THE FAMILY LAW (DIVORCE) ACT 1996 BETWEEN/


A.B.

Applicant and

C.D.

Respondent


NOTICE TO TRUSTEES

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

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

Dated the ....... day of ..... 20 .......

Signed ............

Solicitors for the Applicant/Respondent

To: The Chief Registrar

and

To: The Trustees of the pension scheme concerned

and

To: Applicant/Respondent [or solicitors where appropriate]


-------------------------

No. 8


O. 70A
r. 29

THE HIGH COURT FAMILY LAW

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

And in the matter of section 40(5), Civil Liability and Courts Act 2004 Between


A.B.

the Applicant

and

C.D.

the Respondent

Request for Court’s permission to be accompanied by a person at the hearing of proceedings

1. Name of party applying to be accompanied at hearing .......... *Applicant/Respondent

2. Name and address f person who it is proposed will accompany the * Applicant/Respondent .......

3. Relationship or connection of person referred to in paragraph 2 to * Applicant/Respondent ........ (e.g. parent, brother/sister/ family friend etc) .........

4. *have/*have not previously obtained the permission of the Court to be accompanied in these proceedings. (If permission has previously been granted, give details of the person who was permitted to accompany you) .........

Dated: ........ 20.....

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

Applicant/Respondent