District Court Rules

ORDER 60

PROTECTION OF THE FAMILY HOME

Definition

1. In this Order—

‘the Act’ means the Family Home Protection Act, 1976 (No 27 of 1976).

Venue

2. (1) Proceedings under the Act may be brought, heard or determined at any sitting of the court for the court area in which the family home, as defined in section 2 of the Act, is situate.

(2) Where however the Clerk, having consulted the Judge for the time being assigned to the court district within which such court area is situate, 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 hereof, be issued for, and the proceedings may be heard and determined at any sitting of the court for that district.

Hearing to be otherwise than in public

3. Proceedings under or referred to in the Act in which each spouse is a party (whether by joinder or otherwise) 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 of these Rules) and such other persons as the Judge in his or her discretion shall allow, shall be permitted to be present at the hearing.

Application under section 9(1)

4. An application by a spouse under section 9(1) of the Act for an order prohibiting the disposition or removal of household chattels in the family home shall be preceded by the issue and service upon the respondent spouse of a notice in the Form 60.1, Schedule C. The order of the court granting the application shall be in the Form 60.2, Schedule C, a copy of which shall be served upon the respondent spouse.

Application under section 9(2)

5. An application by a spouse under section 9(2) of the Act for an order permitting the disposition or removal of household chattels in the family home shall be preceded by the issue and service upon the respondent spouse of a notice in the Form 60.3, Schedule C. The order of the court granting the application shall be in the Form 60.4, Schedule C, a copy of which shall be served upon the respondent spouse.

Summons under section 9(4)

6. Where complaint is made by a spouse to a Judge under section 9(4) of the Act that the other spouse has contravened the provisions of section 9(2) of the Act, the summons which may be issued and served upon the other spouse shall be in the Form 60.5, Schedule C. The relevant provisions of Order 15 of these Rules shall apply in such case.

Application under section 9(5)

7. An application by a spouse under section 9(5) of the Act for an order that the respondent spouse provide household chattels for the applicant spouse or a sum of money in lieu thereof shall be preceded by the issue and service upon the respondent spouse of a notice in the Form 60.6, Schedule C. The order of the court granting the application shall be in the Form 60.7, Schedule C, a copy of which shall be served upon the respondent spouse.

Summons under section 15

8. Where complaint is made to a Judge under section 15 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. The relevant provisions of Order 15 of these Rules shall apply in such case.

Service and lodgment of documents

9. (1) A notice or summons required by this Order to be served may be served in accordance with the provisions of Order 10 of these Rules and every such notice shall be served at least 14 days or, in the case of proceedings certified as urgent under rule 2(2) hereof, 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.

Joinder of parties

10. The provisions of Order 42A (Third Party Procedure) of these Rules shall, with necessary modifications, apply to the proceedings mentioned in section 11 of the Act.

Declaring a conveyance void

11. (1) An application to the court under section 3 of the Act of 1976 to have a conveyance declared void shall be in the Form 60.9, Schedule C.

(2) The order of the court thereon shall be in the Form 60.10, Schedule C.

(3) A person who institutes proceedings to have a conveyance declared void by reason of subsection (1) of section 3 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 Judgments (Ireland) Act, 1844.

[SI 42/98]

Dispensing with consent

12. (1) An application under subsection (1) of section 4 of the Act to dispense with the consent required under section 3 of that Act, of a spouse to the conveyance of the family home shall be in the Form 60.11, Schedule C.

(2) The order of the court thereon shall be in the Form 60.12, Schedule C.

(3) On granting an application under section 4 of the Act to dispense with the consent required under section 3 of that 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.

[SI 42/98]

Consent by the court

13. (1) Where the spouse whose consent is required under subsection (1) of section 3 of the Act is incapable of consenting by reason of unsoundness of mind or other mental disability or has not after reasonable inquiries been found, application may be made to the court in the Form 60.14, Schedule C under subsection (4) of section 4 of that Act for the court to give the consent on behalf of that spouse.

(2) The order of the court thereon shall be in the Form 60.15, Schedule C.

[SI 42/98]

Protection of Family Home

14. (1) An application to the court for an order under subsection (1) of section 5 of the Act for the protection of the family home in the interest of the applicant spouse of a dependent child shall be in the Form 60.16, Schedule C.

(2) The order of the court thereon shall be in the Form 60.17, Schedule C.

[SI 42/98]

Conduct leading to loss of Family Home

15. (1) An application to the court for an order under subsection (2) of section 5 of the Act to compensate the applicant spouse and any dependent child of the family for loss occasioned by the conduct of the other spouse shall be in the Form 60.18, Schedule C.

(2) The order of the court thereon shall be in the Form 60.19, Schedule C.

[SI 42/98]

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