^{[1] [2] [3]}

1.  (1)^[4] In this Order, “family law proceedings” shall include:

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

(b) an application pursuant to the Adoption Act 2010; 

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

(d) any application pursuant to section 6 or section 7 of the Family Law Act 1981; 

(e) any proceeding pursuant to the Guardianship of Infants Act 1964, pursuant to the Family Law (Maintenance of Spouses and Children) Act 1976 or pursuant to the Domestic Violence Acts 1996 and 2002 which has been instituted and maintained in the High Court pursuant to Article 34.3.1 of the Constitution; 

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

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

(h) an application for a decree of divorce pursuant to section 5 of the Family Law (Divorce) Act 1996 and preliminary or ancillary application relating thereto under Part III of that Act;

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

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

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

 (2) In this Order

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

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

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

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

Commencement

2. All family law proceedings other than an application to which rule 26 or rule 27 of this Order applies^[5] shall be commenced by a special summons which shall be a family law summons and shall be entitled:

“THE HIGH COURT

FAMILY LAW

In the matter of the [  •  ] Act 19[  •  ] (as the case may be)

Between/

A.B. the Applicant

and

C.B. the Respondent”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5. ^[6] The statutory declaration required under section 20 or as the case may be section 21 of the Guardianship of Infants Act 1964 or under section 5 or, as the case may be, section 6 of the 1989 Act or under section 6, or as the case may be, section 7 of the 1996 Act shall be in Form No. 1 in Appendix KK.

Affidavit of Means

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

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

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

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

Affidavit of Welfare

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

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

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

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

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

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

Interim and Interlocutory Relief

9. (1) An application for:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Notice to Trustees

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

Motion for Directions

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

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

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

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

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

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

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

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

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

Hearing

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

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

(3) Where relief is sought by the applicant or the respondent pursuant to section 12 of the 1995 Act or section 17 of the 1996 Act, evidence of the actuarial value of the benefit under the scheme shall be by affidavit filed on behalf of the applicant or respondent as the case may be.  Such affidavit on behalf of an applicant shall be sworn and served on all parties to the proceeding and filed at least 28 days in advance of the hearing and subject to the right to serve notice of cross examination in relation to the affidavit.  When one of the parties has adduced evidence of the actuarial value of the benefit by such affidavit as provided herein which the other part intends to dispute, he shall do so by affidavit which shall be filed at least 14 days in advance of the hearing, subject to the right to serve notice of cross examination^[7] in relation to same.

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

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

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

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

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

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

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

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

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

Subsequent Ancillary Relief

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

II. Adoption 

Definitions  

23. In this Part of this Order,

the “2010 Act” means the Adoption Act 2010;

the “Agency” means the Child and Family Agency established under section 7 of the Child and Family Agency Act 2013, and

the “Authority” means the Adoption Authority of Ireland. 

Applications to give custody of child to prospective adopters and to authorise dispensing with consent to adoption  

24. (1) In any proceeding pursuant to section 31 of the 2010 Act, the applicants for the adoption order shall cause a copy of the special summons to be served on the Authority, and upon the service of a summons on the Authority, the Authority shall take the following steps:

(a) It shall cause the other person referred to in section 31(2)(b) of the 2010 Act (in this rule, the “other person”), to be informed of the following matters:

(i) the fact of the institution of the proceeding under section 31 of the 2010 Act without revealing to such person the name or identity of the applicants;

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

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

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

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

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

(2) Upon the completion of the steps provided for in sub-rule (1), the Authority shall apply to the Court for directions by motion on notice to the applicants. Such application shall, in the first instance, be on affidavit and if it has been possible to communicate with the other person, such affidavits shall include an affidavit by the officer or member of staff of the Authority who has actually spoken to and had communication with the other person. The other person shall not be identified in the body of the affidavit but the name and address, present and future, of the other person shall be set out in a sealed envelope exhibited to the affidavit. That exhibit shall be opened by the Judge only, and unless by special direction of the Court, the name, address and identity of the other person shall not be revealed to any of the other parties in the suit.

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

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

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

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

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

Applications for orders authorising the Authority to make adoption orders for children whose parents fail in their duty towards them  

25. (1) In an application brought pursuant to section 54(1)(a) of the 2010 Act, the Agency shall serve a copy of the summons on the applicants and shall verify by affidavit the reasons why it considers it proper to make the application.

(2) In any proceeding brought pursuant to section 54(1)(b)of the 2010 Act, the applicants shall serve a copy of the summons on the Agency and thereupon the Agency shall verify by affidavit its reasons for (as the case may be):

(i) declining to apply to the Court, or 

(ii) failing to apply to the Court and failing to serve the notice required by section 54(1)(b)(i) of the Act.

Such affidavit shall be sworn by the proper officer of the Agency. 

(3) In an application brought under sub-rule (1) or (2), the provisions of rule 24 relating to the steps to be taken by the Authority shall apply mutatis mutandis to the Agency in relation to the parents alleged to have failed in their duty to the child or children concerned. 

Other applications to the Court under the 2010 Act  

26. (1) The following applications to the Court under the 2010 Act shall be made by originating motion grounded upon an affidavit:

(a) an application by the Authority under section 18(4)(i), under section 18(6)(i) or section 18(7)(a) of the 2010 Act for the approval of the Court to authorise an accredited body to place a child for adoption in the circumstances specified in section 18(4), section 18(6) or, as the case may be, section 18(7) of the 2010 Act; 

(b) an application by the Authority under section 26(1)(b) of the 2010 Act for an authorisation to dispense, for the purposes of the making of an adoption order, with the consent of a person who is the child’s mother or guardian or other person having charge of or control over the child; 

(c) an application by the Authority under section 30(4) or section 30(6) of the 2010 Act for the approval of the Court to make an adoption order in the circumstances specified in section 30(4) or, as the case may be, section 30(6) of the 2010 Act; 

(d) an application under section 90(11) of the 2010 Act to direct that a specified correction be made in the register of inter-country adoptions, or 

(e) an application for orders under section 92(1) and section 92(3) of the 2010 Act.

(2) An application by the Authority under section 26(1)(a)of the 2010 Act for the sanction of the Court to dispense, for the purposes of the making of an adoption order, with the consent of a person who is the child’s mother or guardian or other person having charge of or control over the child shall, where the person whose consent is necessary is a ward of court, be made by motion in the wardship proceedings.

(2A)^[11] An application by the Authority under section 26(1)(b) of the 2010 Act for the sanction of the Court to dispense, for the purposes of the making of an adoption order, with the consent of a person who is the child’s mother or guardian or other person having charge of or control over the child shall, where the person whose consent is necessary is a relevant person (within the meaning of section 2 of the Assisted Decision-Making (Capacity) Act 2015), be made by motion on notice to the relevant person and/or any person who is required by Order 15, rule 17 to be served with, or notified of, the application

(3) On the hearing of an originating motion referred to in sub-rule (1) or, as the case may be, a motion referred to in sub-rule (2) or sub-rule (2A)^[12] (or on any adjournment of such hearing), the Court may, in addition to any other order it may make, give directions and make orders for the conduct of the application as appear just and convenient, which, where appropriate, may include:

(a) directions as to the service of notice of the application on any other person, including mode of service and the time allowed for such service (and the Court may for that purpose adjourn the hearing or further hearing of the application to a date specified) and 

(b) directions as to the filing and delivery of any further affidavits by any party or person.

(4) An originating motion referred to in paragraph (a), (b)or (c)of sub-rule (1) shall be entitled

“THE HIGH COURT

FAMILY LAW

In the matter of the Adoption Act 2010 On the application of the Adoption Authority.”

 

(5) An originating motion referred to in paragraph (d)or (e) of sub-rule (1) shall be entitled

“THE HIGH COURT

FAMILY LAW

In the matter of the Adoption Act 2010

Between:

A.B, Applicant

and

The Adoption Authority, Respondent.”

(6) Where a question is referred under section 49 of the 2010 Act to the Court and there is a request that the proceedings before the Court be in private in accordance with section 49(4) of the 2010 Act, such request shall be expressed on the face of the case stated, and the provisions of Order 62 shall apply to the proceedings thereon. 

Applications under the Guardianship of Infants Act 1964  

27. (1) In an application to the Court pursuant to section 6A or section 11 of the Guardianship of Infants Act 1964 where an infant is in the care of prospective adoptive parents under the 2010 Act, the following procedure shall be followed:

(i) Upon the service of a summons on the Authority, the Authority shall take the following steps:

(a) It shall cause the prospective adoptive parents (in this rule, the “prospective adopters”) to be informed of the following matters:

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

(ii) the fact that the prospective adopters are entitled to be heard and represented on the hearing of the summons.

(b) It shall ascertain from the prospective adopters the following information:

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

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

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

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

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

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

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

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

III. Miscellaneous 

Service of Orders  

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

Court attire  

29. ^[8]  The provisions of Order 119, rules 2 and 3 solely insofar as they relate to the wearing of a wig and gown, shall not apply to any cause, action or proceeding under Order 70 or Order 70A.

IV. Admission to proceedings and disclosure of documents, information or evidence for the purposes of section 40 of the Civil Liability and Courts Act 2004 

Recorders, bona fide representatives of the press and accompanying persons  

30. ^[9] (1) In this rule: 

the “2004 Act” means the Civil Liability and Courts Act 2004; 

“the Court” means, as the case may be, the Supreme Court, the Court of Appeal, the High Court and, where he has jurisdiction, the Master of the High Court; 

a “recorder” means a person referred to in section 40(3)(a) of the 2004 Act intending to attend or attending any proceedings to which a relevant enactment relates for the purpose of the preparation and publication of a report of such proceedings in accordance with section 40(3) of the 2004 Act; 

“relevant enactment” has the same meaning as in section 39 of the 2004 Act. 

(2) A recorder intending to attend any proceedings to which a relevant enactment relates for the purpose of the preparation and publication of a report of such proceedings in accordance with section 40(3) of the 2004 Act shall, prior to or at the commencement of the hearing of the proceedings, identify himself or herself to the Court and apply for such directions as the Court may give under section 40(3) of the 2004 Act. 

(3) On any such application, the Court—

(a) if satisfied that the applicant is a person referred to in section 40(3)(a) of the 2004 Act and that the applicant intends to attend the proceedings for the purpose of the preparation and publication of a report of proceedings to which a relevant enactment relates, and

(b) having heard any submission made by or on behalf of any party to the proceedings,

may allow the applicant to attend the proceedings subject to such directions as the Court may give in that regard. 

(4) Prior to, at the commencement of, or during the course of the hearing of proceedings to which a relevant enactment relates, the Court may

(a) make inquiries of any person attending the proceedings with a view to verifying whether that person is a bona fide representative of the press within the meaning of section 40(3A) of the 2004 Act;

(b) hear any application by or on behalf of a party or person mentioned in section 40(3A)(b) of the 2004 Act (or the Director of Public Prosecutions in a case to which paragraph (e) of that sub-section refers) for an order under section 40(3A)(b) of the 2004 Act or may for the purposes of considering the making of any such order of its own motion, hear submissions from any such party or person.

(5) An application referred to in paragraph (b) of sub-rule (4), if made prior to the commencement of the hearing of the proceedings, shall be by way of notice of motion, on notice to the other party and to any other person the Court shall direct. 

(6) The Court may, at any time during the course of the hearing of the proceedings, of its own motion or on the application of a party or person mentioned in section 40(3A)(b) of the 2004 Act (or the Director of Public Prosecutions in a case to which paragraph (e) of that sub-section refers), having heard the parties and any other person it considers necessary, vary or modify any order made in accordance with sub-rule (4)(b).

(7) Where a party (in this sub-rule referred to as the “applicant”) wishes to be accompanied in court in any proceedings to which a relevant enactment relates by another person (in this sub-rule referred to as “the accompanying person”) in accordance with section 40(5) of the 2004 Act, the applicant shall complete Form No. 8 and

(a) where the other party or parties have agreed to the accompanying person, the applicant shall lodge Form No. 8, duly completed, with the Registrar of the Court prior to or at the commencement of the hearing in the proceedings, and shall apply to the Court at that hearing to approve the accompanying of the applicant by the accompanying person and for such directions as the Court may give under section 40(5) of the 2004 Act, or 

(b) except in ex parte applications, where the other party or parties have not agreed to the accompanying person, the applicant shall, by motion (to which Form No. 8, duly completed, shall be appended) on notice to the other party or parties returnable not later than seven days prior to the date fixed for the hearing in such proceedings, unless the Court otherwise directs, apply to the Court to approve the accompanying of the party by the other person and for such directions as the Court may give under section 40(5) of the 2004 Act, or 

(c) in ex parte applications, subject to the lodgment of Form No. 8 duly completed in accordance with paragraph (a), the approval of any accompanying person is at the discretion of the Court.

(8) On any such application, the Court may approve the accompaniment of the applicant at the proceedings by the accompanying person, subject to such directions as the Court may give, or may refuse such approval. 

(9) The Court may, of its own motion or on the application of any party or person, vary or modify any directions given under sub-rule (7) or sub-rule (8) during the course of any proceedings. 

Disclosure  

31. ^[10] An application by a party for an order for the disclosure to any third party of documents, information or evidence connected with or arising in the course of proceedings under a relevant enactment (as defined in section 40(2) of the Civil Liability and Courts Act 2004) for the purposes set out in section 40(8) of the said Act of 2004 shall be made by motion to the Court on notice to the opposing party or parties, grounded upon an affidavit sworn by or on behalf of the moving party.