District Court Rules

ORDER 84

CHILD CARE

Definitions

1. In this Order—

‘the Act’ means the Child Care Act, 1991 (No 17 of 1991);

‘the Act of 2001’ means the Children Act, 2001 (No 24 of 2001);

“Agency” means the Child and Family Agency established under section 7 of the Child and Family Agency Act 2013 (No 40 of 2013);

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‘child’ means a person under the age of 18 years other than a person who is or has been married;

‘parents’ has the meaning assigned to it by section 2(1) of the Act.

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Hearings

2. (1) Proceedings under Part III, Part IV, Part IVA (inserted by the Act of 2001), Part IVB (inserted by the Act of 2001) or Part VI of the Act shall be heard otherwise than in public and only officers of the court, the parties and their legal representatives, witnesses and such other persons as the Judge in his or her discretion may allow, shall be permitted to be present at the hearing.

(2) The Judge may, if he or she thinks it proper to do so, order any witness who is not a party to the proceedings to leave the court either until his or her evidence is required or after his or her evidence has been given.

(3) Proceedings in the court under Part III, Part IV, Part IVA (inserted by the Act of 2001), Part IVB (inserted by the Act of 2001) or Part VI of the Act shall be as informal as is practicable and consistent with the administration of justice. Neither Judges hearing and determining such proceedings nor barristers nor solicitors appearing in such proceedings shall wear wigs or gowns.

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(4) Unless otherwise provided in this Order or permitted by the Court, all applications under the Act shall be preceded by the issue and service of a notice of application specifying the order or other relief sought in the application, the provisions of the Act relied on and the grounds of the application.

(5) Every notice issued under sub-rule (4) shall be grounded on an affidavit sworn on behalf of the moving party setting out and verifying the grounds of the application, which shall be lodged with the Clerk when the notice is issued, unless the Court dispenses with the requirement of an affidavit due to circumstances of urgency. In any case in which the Court hears an application under the Act on oral evidence, a note of the oral evidence given must be taken and provided to the Judge to authenticate.

(6) Unless the Act otherwise provides or the Court otherwise directs, the notice of application and a copy of the affidavit and any exhibits shall be served on the respondent, i.e. the parent having custody of the child or a person acting in loco parentis or, as the case may be, the Agency, at least two days prior to the date fixed for hearing the application, subject to the power of the Court to abridge time or to deem sufficient the notice actually given.

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Service of documents

3. (1) A document required by these Rules to be served shall, subject to paragraphs (2) and (3) hereof, be served upon the person to whom it is directed—

(a) by delivering to him or her a copy thereof or,

(b) if he or she cannot be conveniently met with, by leaving a copy thereof for him or her at his or her last known residence or most usual place of abode with any relative of such person who is not less than 16 years of age and who is believed to reside there with him or her, or by leaving it with the person in charge of the house or premises of such residence or abode, or,

(c) by leaving a copy thereof for him or her at his or her place of business with any agent, Clerk, employee or servant of such person who is not less than 16 years of age, or

(d) by sending a copy thereof by ordinary prepaid post in an envelope addressed to him or her at his or her last known residence or most usual place of abode or at his or her place of business.

(2) A document may be served on the Agency or any other statutory board or body or on an unincorporated society by leaving a copy of the document with any employee of the Agency, or of the board, body or society concerned at its principal office or by sending such copy by ordinary prepaid post in an envelope addressed to the Agency or to the board, body or society concerned at such principal office.

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(3) The court may, if for special reason in any particular case it considers it proper to do so, deem the service actually effected to be good and sufficient service, even though it was not effected in accordance with the provisions of this Order.

Lodgment for hearing

4. When a notice of application, summons or notice of appeal issued under this Order has been served, the original notice or summons, together with a statutory declaration as to service thereof, shall be lodged forthwith with the Clerk for entry for hearing.

Proceedings under Part III of the Act

Emergency care order

5. (1) An application by the Agency under section 13(1) of the Act for an emergency care order (including such an application made in circumstances referred to in section 12(4) or section 12(5) of the Act) shall be made at a sitting held in accordance with section 12(4) of the Act and shall be preceded by the issue and service of a notice in the Form 84.1 or 84.2, Schedule C, as the case may be, on the respondent, i.e. the parent having custody of the child or a person acting in loco parentis. The notice shall be grounded on an affidavit sworn on behalf of the moving party setting out and verifying the grounds of the application. The original affidavit shall be lodged with the Clerk when the notice is issued. A copy of the notice and of the grounding affidavit and any exhibits must be served on the respondent at least two days prior to the date fixed in accordance with section 12(4) of the Act for hearing the application, provided that two days’ notice to the respondent is not required where such notice is not possible in the case of an application made at a sitting referred to in section 12(4) of the Act.

(2) Where, however, the Judge is satisfied that the urgency of the matter so requires,—

(a) an application for an emergency care order may be heard and made ex parte, subject to the lodgment with the Clerk of the notice of application (Form 84.1 or 84.2, Schedule C as the case may be) duly completed;

(b) an application for an emergency care order may be heard and an order may be made thereon elsewhere than at a public sitting of the Court;

(c) the Judge may deem sufficient the notice of the application actually given to the respondent.

(3) An application to which sub-rule (2) applies shall be made on affidavit unless the Judge permits the application to be heard on oral evidence because of the exceptional urgency of the case.

[SI 143/15]

Venue

6. (1) An application for an emergency care order under section 13(1) of the Act must be made to the Judge assigned to the district in which the child resides or is for the time being. Where, however, such Judge is not immediately available, the application may be made to any judge of the District Court.

(2) An emergency care order shall be in the Form 84.3 or 84.4, Schedule C , as the case may be, and the applicant shall cause a copy of the order to be served on a parent having custody of the child or, as the case may be, upon a person acting in loco parentis, together with, as the case may be, a copy of the affidavit which grounded the application and copies of any exhibits (unless previously served on that person) or a copy of the note of oral evidence mentioned in rule 2(5).

(3) A warrant issued under section 13(3) of the Act for the purpose of executing such an Order may be in the, Form 84.5, Schedule C.

(4) An appeal from an emergency care order shall not stay the operation of the order.

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Directions under section 13(7)

7. (1) Where, otherwise than at the hearing of an application for an emergency care order, application is made under section 13(7) of the Act for the Judge’s directions, such application shall be preceded by the issue and service of a notice in the, Form 84.6, Schedule C upon the Agency, the parents of the child or either of them, a person acting in loco parentis, or any other person, as appropriate. Such notice shall be served at least two days prior to the date fixed for hearing the application. An order giving directions on such application shall be in the Form 84.7, Schedule C which shall be served upon each person directly affected by the Order.

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(2) An application to vary or discharge a direction given under the said section 13(7)(a) shall be preceded by the issue and service as prescribed in paragraph (1) hereof of a notice in the, Form 84.8, Schedule C. The order of the court on granting the application shall be in the, Form 84.9, Schedule C; which shall be served as prescribed in the said paragraph (1).

8. It shall not be necessary in any notice or application under section 13 of the Act or in any order made under that section to name the child if such name is unknown.

Proceedings under Part IV of the Act

Interim care order

9. (1) An application by the Agency under section 17(1) of the Act for an interim care order shall, except where the Judge directs under section 17(3) of the Act, be preceded by the issue and service of a notice in the, Form 84.10, Schedule C on the respondent, i.e. a parent having custody of the child or, as the case may be, a person acting in loco parentis. The notice shall be grounded on an affidavit sworn on behalf of the moving party setting out and verifying the grounds of the application. The original affidavit shall be lodged with the Clerk when the notice is issued. The notice and copies of the grounding affidavit and any exhibits shall be served at least two days prior to the date fixed for hearing the application. An interim care order made on such application shall be in the, Form 84.11, Schedule C and the applicant shall cause the said order to be served upon the respondent and any other person directly affected by the Order.

(2) A warrant issued under section 35 of the Act (and as prescribed in rule 27) for the purpose of executing an interim care order shall be in the, Form 84.43, Schedule C.

(3) An application under section 17(2) of the Act for an extension of the period of an interim care order shall, except where the Judge otherwise directs under section 17(3) of the Act, be preceded by the issue and service as prescribed in sub-rule (1) of a notice in the, Form 84.12, Schedule C. The order granting the extension shall be in the, Form 84.13, Schedule C and may, where appropriate, be added to or endorsed on the interim care order.

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Care Order

10. (1) An application by the Agency under section 18(1) of the Act for a care order in respect of a child who resides or is found in its area shall be preceded by the issue and service of a notice in the, Form 84.14, Schedule C, upon the respondent, i.e. a parent having custody of the child or, as the case may be, a person acting in loco parentis. Such notice shall be served at least seven days prior to the date fixed for hearing the application.

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Care Order — service

(2) A care order made on such application shall be in the, Form 84.15, Schedule C, and the applicant shall cause the said Order to be served upon the respondent.

Care Order — warrant

(3) A warrant issued under section 35 of the Act (and as prescribed in rule 27 hereof) for the purpose of executing a care order shall be in the, Form 84.43, Schedule C.

Extension of Care Order

11. An application under section 18(2) of the Act to extend the operation of a care order shall be preceded by the issue and service of a notice in the, Form 84.16, Schedule C, upon the respondent at least seven days prior to the date fixed for hearing the application. The order granting the application shall be in the, Form 84.17, Schedule C, and may, where appropriate, be added to or endorsed on the care order.

Supervision Order

12. Where, on an application for a care order, the court makes a supervision order (as provided for in section 18(5) of the Act) the order of the court shall be in the Form 84.18 and the applicant shall cause the said order to be served upon the respondent.

[SI 539/04]

Directions pending Care Order

13. An application under section 18(6) of the Act for the court’s directions as to the care and custody of a child pending the determination of an application for a care order shall, unless made viva voce at the hearing of the latter application, be preceded by the issue and service of a notice in the, Form 84.19, Schedule C, upon the respondent, i.e. the Agency, the parent having custody of the child, the person acting in loco parentis, as appropriate. Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the court giving such directions shall be in the, Form 84.20, Schedule C, and shall be served on each party and any other person affected directly by the order.

[SI 143/15]

Supervision Order Under Section 18

14. (1) An application under section 18(6) of the Act for a supervision order pending the determination of an application for a care order shall, unless made viva voce at the hearing of the latter application, be preceded by the issue and service of a notice in the, Form 84.21, Schedule C, at least two days prior to the date fixed for hearing the application. The notice shall be grounded on an affidavit sworn on behalf of the moving party setting out and verifying the grounds of the application. The original affidavit shall be lodged with the Clerk when the notice is issued. The notice and copies of the grounding affidavit and any exhibits shall be served at least two days prior to the date fixed for hearing the application.

(2) The order of the Court granting an application for a supervision order shall be in the, Form 84.22, Schedule C, and the applicant shall cause the said order to be served upon the respondent.

[SI 143/15]

Contribution by parent

15. (1) Where, in addition to making a care order, the court makes an order under section 18(7) of the Act requiring the parent or parents of a child to contribute towards his or her maintenance, such contribution order shall be in the, Form 84.23, Schedule C, and the Agency shall cause the said order to be served upon the said parent or parents.

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(2) An application under section 18(8) of the Act to vary or discharge a contribution order shall be preceded by the issue and service of a notice in the, Form 84.24, Schedule C, upon the respondent. Such notice shall be served at least seven days prior to the date fixed for hearing the application. The order of the court granting the application shall be in the, Form 84.25, Schedule C, and shall be served upon the parent required to contribute.

Supervision Order Under Section 19

16. (1) An application by the Agency under section 19(1) of the Act for a supervision order with respect to a child shall be preceded by the issue and service of a notice in the, Form 84.26, Schedule C, on the respondent or respondents, i.e. the parents of the child or, as the case may be, the parent having custody of the child or a person acting in loco parentis. The notice shall be grounded on an affidavit sworn on behalf of the moving party setting out and verifying the grounds of the application. The original affidavit shall be lodged with the Clerk when the notice is issued. The notice and copies of the grounding affidavit and any exhibits shall be served at least seven days prior to the date fixed for hearing the application.

(2) A supervision order made on an application under this rule shall be in the, Form 84.27, Schedule C, and the applicant shall cause the said order to be served upon each respondent.

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Directions as to visits

17. An application under section 19(3) of the Act for the court’s directions as to the manner in which a child is to be visited shall be preceded by the issue and service of a notice in the, Form 84.28, Schedule C, upon the Agency at least seven days prior to the date fixed for hearing the application. The order of the court giving such directions shall be in the, Form 84.29, Schedule C, and shall be served upon each of the parties.

Further directions

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18. An application by the Agency under section 19(4) of the Act, made during the currency of a supervision order, for the court’s directions as to the care of the child shall be preceded by the issue and service of a notice in the, Form 84.30, Schedule C, upon the respondent or respondents. Such notice shall be served at least seven days prior to the date fixed for hearing the application. The order of the court giving such directions shall be in the, Form 84.31, Schedule C, and the applicant shall cause the said order to be served upon each respondent.

[SI 143/15]

Investigations under section 20(1)

19. (1) Where, under section 20(1) of the Act, the Court adjourns proceedings and directs the Agency to undertake an investigation of a childs circumstances, if the Agency is not a party to those proceedings, the Clerk must as soon as possible notify the Agency (in the, Form 84.32, Schedule C) of the Courts decision.

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(2) Where, upon so adjourning, the court gives directions under section 20(2) of the Act as to the care and custody of the child or makes a supervision order in respect of the child pending the outcome of the investigation by the Agency—

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(a) an order of the court giving such directions shall be in the, Form 84.33, Schedule C.

(b) any such supervision order shall be in the Form 84.34, Schedule C, and the order shall be served upon each person directly affected thereby.

Vary or discharge care order

20. An application under section 22 of the Act—

(a) to vary or discharge a care order or any condition or direction attaching to such order or to discharge the care order and make a supervision order, or

(b) to vary or discharge a supervision order or any condition or direction attaching to such order, shall be preceded by the issue and service of a notice in the Form 84.35, 84.36, 84.37, Schedule C as the case may be, upon the respondent or respondents. Such notice shall be served at least seven days prior to the date fixed for hearing the application. The order of the court granting such application shall be in the Form 84.38, 84.39 or 84.40, Schedule C, as the case may be, and shall be served upon each person directly affected thereby.

Effect of appeals

21. An appeal from an order made by the court under Part IV or Part IVA (inserted by section 16 of the Act of 2001) of the Act shall, if the court or the court to which the appeal is brought so determines (but not otherwise), stay the operation of the order on such terms (if any) as may be imposed by the court making the determination.

[SI 5/06]

Proceedings under Part IV A of the Act (as inserted by section 16 of the Children Act, 2001)

21A. (1) An application by the Agency under section 23B(1) of the Act for a special care order shall be preceded by the issue and service of a notice in the Form 84.40A, Schedule C upon the respondent, i.e. a parent having custody of the child or, as the case may be, a person acting in loco parentis. Such notice shall be served at least two days prior to the date fixed for hearing the application. A special care order made on such application shall be in the Form 84.40B, Schedule C and the applicant shall cause the said order to be served upon the respondent and upon any other person directly affected by the Order.

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(2) An application by the Agency under section 23B(4)(b) of the Act for an extension of the period of a special care order shall, except where the Judge otherwise directs, be preceded by the issue and service upon the respondent prescribed in sub-rule (1) hereof of a notice in the Form 84.40C, Schedule C. An order granting such an extension shall be in the Form 84.40D, Schedule C and may be endorsed upon the special care order.

[SI 143/15]

(3) An application by the Agency under section 23B(5) of the Act for an order discharging a special care order shall, except where the Judge otherwise directs, be preceded by the issue and service upon the respondent prescribed in sub-rule (1) of a notice in the Form 84.40E, Schedule C.

[SI 143/15]

(4) Except in a case where the Judge otherwise directs under section 23C(3) of the Act, an application by the Agency under section 23C(1) of the Act for an interim special care order shall be preceded by the issue and service of a notice in the Form 84.40F, Schedule C upon the respondent, i.e. a parent having custody of the child or, as the case may be, a person acting in loco parentis. Such notice shall be served at least two days prior to the date fixed for hearing the application. An interim special care order made on such application shall be in the Form 84.40G, Schedule C and the applicant shall cause the said order to be served upon the respondent and upon any other person directly affected by the Order.

(5) An application by a person specified in section 23C(2)(b) of the Act for an extension of the period of an interim special care order shall, except where the Judge has otherwise directed under section 23C(3), be preceded by the issue and service on the respondent referred to in sub-rule (4) hereof (or, as the case may be, on the Agency) of a notice in the, Form 84.40H, Schedule C. The order granting the extension shall be in the Form 84.40I, Schedule C and may be endorsed upon the interim special care order.

[SI 143/15]

(6) An application under section 18(6) of the Act (as applied to special care orders by section 23B(8) of the Act) for the court’s directions pending the determination of an application for a special care order shall be made in the manner prescribed by rule 13 of this Order. Such application shall be in the Form 84.19, Schedule C, modified as appropriate and an order made on such application shall be in the Form 84.20, Schedule C, modified as appropriate, and shall be served upon each party and upon any other person affected directly by the order.

(7) An application under section 18(6) of the Act (as applied to special care orders by section 23B(8) of the Act) for a supervision order pending the determination of an application for a special care order shall be made in the manner prescribed by rule 14 of this Order. Such application shall be in the Form 84.21, Schedule C, modified as appropriate and an order made on such application shall be in the Form 84.22, Schedule C, modified as appropriate, and shall be served upon each party and upon any other person affected directly by the order.

(8) Where, in addition to making a special care order, the court makes an order under section 18(7) of the Act requiring the parent or parents of the child to contribute towards his or her maintenance, such contribution order shall be in the Form 84.23, Schedule C, modified as appropriate, and shall be served by the Agency upon the said parent or parents.

[SI 143/15]

(9) An application under section 18(8) of the Act (as applied to special care orders by section 23B(8) of the Act) to vary or discharge a contribution order shall be made in the manner prescribed by rule 15(2) of this Order. Such application shall be in the Form 84.24, Schedule C, modified as appropriate and an order made on such application shall be in the Form 84.25, Schedule C, modified as appropriate, and shall be served upon the parent required to contribute.

(10) Unless made viva voce at the hearing of another application made in accordance with this Order in respect of the child, an application—

(a) by any person under section 23F(1) of the Act to vary or discharge a special care order or

(b) by the Agency under section 23F(1) and section 23F(2) of the Act to discharge a special care order and make a supervision order in respect of the child, or to discharge a special care order and make a care order in respect of the child shall be preceded by the issue and service in the Form 84.40J, 84.40K or 84.40L, Schedule C, as the case may be, upon the respondent or respondents. Such notice shall be served at least seven days prior to the date fixed for hearing the application. The order of the court granting such application shall be in the Form 84.40M, 84.40N or 84.40O, Schedule C, as the case may be, and shall be served upon the respondent and upon any other person directly affected by the order.

[SI 143/15]

(11) An application under section 13(7)(a) of the Act (as applied to interim special care orders by section 23C(4) of the Act) for directions shall be made in the manner prescribed by rule 7(1) of this Order. Such application shall be in the Form 84.6, Schedule C, modified as appropriate and an order made on such application shall be in the Form 84.7, Schedule C, modified as appropriate, and shall be served upon each party and upon any other person affected directly by the order.

(12) An application under section 13(7)(b) of the Act (as applied to interim special care orders by section 23C(4) of the Act) to vary or discharge a direction shall be made in the manner prescribed by rule 7(2) of this Order. Such application shall be in the Form 84.8, Schedule C, modified as appropriate and an order made on such application shall be in the Form 84.9, Schedule C, modified as appropriate, and shall be served upon each party and upon any other person affected directly by the order.

[SI 5/06]

Proceedings under Part IV B of the Act (as inserted by section 16 of the Children Act, 2001)

21B. (1) An application for the issue of a warrant under section 23T(2) of the Act of 1991 shall be made to a Judge of the District Court assigned to and sitting in the District Court district wherein are situated the premises in which it is believed the child may be residing. Such application shall be by the information on oath and in writing in the Form 84.40P of an authorised officer appointed by the Agency under section 23S(1) of the Act of 1991. A warrant issued on foot of such information shall be in the Form 84.40Q, Schedule C.

(2) An application for an order under section 23U of the Act of 1991 shall be preceded by the issue and service upon the person mentioned in paragraphs (a) and (b) of section 23U of the said Act of a notice in the Form 84.40R, Schedule C. Such notice shall be served at least two days prior to the date fixed for hearing the application. Where the court on such application makes an order referred to in paragraph (iii) of section 23U, such order shall be in the Form 84.40S, Schedule C. Where the court on such application makes an order referred to in paragraph (i) or paragraph (ii) of section 23U, such order shall be (as the case may be) in the Form 84.4, 84.11, 84.15 or 84.18, Schedule C, modified as appropriate.

[SI 5/06]

Applications etc. under Part V of the Act

Requests for reports

22. (1) Where, other than during the hearing of the proceedings, application is made by any of the parties for an order under section 27(1) of the Act requesting the preparation of a report, such application shall be preceded by the issue and service of a notice in the, Form 84.41, Schedule C, upon the other party or parties. Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the court granting the application shall be in the, Form 84.42, Schedule C, and the applicant shall cause the said order to be served upon the person nominated therein to prepare the report.

(2) When the report has been prepared it shall be lodged with the Clerk. A copy of the report shall be made available by the applicant to the counsel or solicitor representing each party or, if any party is not so represented, to that party.

Attendance of child

23. A request under section 30(2) of the Act by a child to be present during the hearing of the proceedings or any part thereof may be made by letter addressed to the court and lodged with the Clerk prior to or during the hearing, as appropriate, or such request may be made orally to the court at the commencement of or during such hearing, as appropriate.

Warrant to execute care order

24. A warrant issued under section 35 of the Act to execute an interim care order or a care order made under Part IV of the Act directing that a child be placed or maintained in the care of the Agency shall be in the, Form 84.43, Schedule C.

[SI 143/15]

Proceedings under Part VI of the Act

Access to child

25. (1) An application under section 37(2) of the Act for an order regarding access to a child shall be preceded by the issue and service of a notice in the, Form 84.44, Schedule C, upon the Agency at least two days prior to the date fixed for hearing the application. The order of the court granting the application shall be in the, Form 84.45, Schedule C.

[SI 143/15]

Vary access

(2) An application under the said section 37(2) to vary or discharge an order to which paragraph (1) hereof relates shall be preceded by the issue and service of a notice in the, Form 84.46, Schedule C, upon the respondent or respondents, i.e. the Agency, the parents, the persons mentioned in section 37(1) of the Act, as appropriate. The order of the court granting the application shall be in the, Form 84.47, Schedule C, and shall be served upon each of the parties.

[SI 143/15]

Authority to refuse access

26. (1) An application by the Agency under section 37(3) of the Act for an order authorising it to refuse access to a child in its care shall be preceded by the issue and service of a notice in the, Form 84.48, Schedule C, upon the respondent (the person against whom the order is sought). Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the court granting the application shall be in the, Form 84.49, Schedule C, and the applicant shall cause the said order to be served upon the respondent.

(2) An application under the said section 37(3) to vary or discharge an order to which paragraph (1) hereof relates shall be preceded by the issue and service of a notice in the, Form 84.50, Schedule C, upon the respondent or respondents. The order of the court granting the application shall be in the, Form 84.51, Schedule C, and shall be served upon each of the parties.

Order to deliver up child to the Child and Family Agency — section 43(2)

27. An application by the Agency under section 43(2) of the Act for an order directing that a child be delivered up to the custody of the Agency shall be preceded by the issue and service of a notice in the, Form 84.52, Schedule C, on the respondent. Such notice must be served at least two days prior to the date fixed for hearing the application. The order of the Court granting the application may be in the, Form 84.53, Schedule C, and the Agency must cause the said order to be served on the respondent.

[SI 143/15]

Application under section 43A

27A. (1) An application for an order under section 43A of the Act by a foster parent or relative with whom the child has been placed shall be preceded by the issue and service by the applicant of a notice in the Form 84.53A, Schedule C upon the Agency. A copy of the notice shall, where section 43A(2)(d)(ii) applies, be served by the Agency on the parent having custody of the child at the relevant time or a person (other than the applicant) acting in loco parentis to the child.

[SI 469/08; SI 143/15]

(2) The consent of the Agency under section 43A(2)(c) of the Act to the granting of the order shall be in writing and the original consent shall be appended to the original notice of application. Where a consent has been obtained under section 43A(2)(d)(i) of the Act to the granting of the order the original of such consent, if in writing, shall be appended to the original notice of application or produced at the hearing of the application, and where such consent in writing is not so appended or produced, such consent shall, where required, be proved by such other means as the court considers appropriate.

[SI 469/08; SI 143/15]

(3) A copy of the notice of application shall be served not later than four days before the date fixed for hearing the application, and the original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. An order made on such application shall be in the Form 84.53B, Schedule C and the applicant shall cause the said order to be served upon the respondent and upon any other person directly affected by the Order.

[SI 469/08]

(4) An application pursuant to section 43B(1) of the Act for an order varying or discharging an order made under section 43A shall be preceded by the issue of a notice of application in the Form 84.53C, Schedule C. A copy of the notice of application shall, to the extent possible, be served upon each of the persons referred to in section 43B(1)(a) to (e) of the Act not later than four days before the date fixed for the hearing of the application, and the original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. An order made on such application shall be in the Form 84.53D, Schedule C and the applicant shall cause the said order to be served upon each of the respondents and upon any other person directly affected by the Order.

[SI 469/08]

Information — section 46(3)

28. Where an order is sought under section 46(3) of the Act directing that a child be delivered up to the custody of the Agency, the applicant shall lay information before the Judge on oath and in writing in the, Form 84.54, Schedule C, and the Judge may, on foot of such information, sign and issue a summons in the, Form 84.55, Schedule C. Such summons shall be served upon the respondent at least two days prior to the return date thereof. Where, however, the Judge is satisfied that the urgency of the matter so requires, the application may be made ex parte and an order under the said section may be made on foot of the sworn information without the necessity to issue such summons. The order of the court granting the application shall be in the, Form 84.56, Schedule C, and the applicant shall cause the said order to be served upon the respondent.

[SI 143/15]

Search warrant

29. An application under section 46(6) of the Act for a search warrant shall be by information on oath and in writing in the, Form 84.57, Schedule C, Where the Judge receiving such information issues a warrant under that section such warrant shall be in the, Form 84.58, Schedule C.

Direction under section 47

30. (1) An application under section 47 of the Act for the court’s directions on a question affecting the welfare of a child in the care of the Agency shall be preceded by the issue and service of a notice in the, Form 84.59, Schedule C, upon the respondent or respondents. Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the court granting the application shall be in the, Form 84.60, Schedule C, and shall be served upon each of the parties and any other person directly affected by the order.

[SI 143/15]

Direction — variation or discharge

(2) An application to have any such order or direction varied or discharged shall be preceded by the issue and service as prescribed in paragraph (1) hereof of a notice in the, Form 84.61, Schedule C, upon the respondent or respondents. The order of the court granting the application shall be in the, Form 84.62, Schedule C, and shall be served upon each of the parties and any other person directly affected by the order.

Applications under Part VII of the Act

31. (1) In this rule ‘pre-school service’ has the meaning assigned to it in section 49 of the Act.

Pre-School service — warrant

(2) An application under section 55(2) of the Act for a warrant to enter and inspect premises in which a preschool service is being carried on shall be by information on oath and in writing in the, Form 84.63, Schedule C. Where the Judge receiving such information issues a warrant under that section such warrant shall be in the Form 84.64, Schedule C.

Proceedings under Part VIII of the Act

Children’s residential centre

32. An appeal to the court under section 62 of the Act by the registered proprietor or, as the case may be, the person intending to be the registered proprietor of a children’s residential centre, against a decision, specified in subsection (1) of that section, of the Agency shall be preceded by the issue and service of a notice in the, Form 84.65, Schedule C, upon the Agency. Such notice shall be served at least seven days prior to the date fixed for hearing the appeal. The appellant shall lodge with the Clerk prior to the hearing a copy of the decision against which the appeal is brought or a copy of the notification referred to in section 61(11)(b) (ii) of the Act. The order of the court on hearing the appeal shall be in the, Form 84.66, Schedule C.

[SI 143/15]

Orders provided for in Part X of the Act

School Attendance Act — care order

33. Where, in proceedings against a parent under section 17 of the School Attendance Act, 1926 (No 17 of 1926), the court makes a care order under section 17(4)(b) of that Act (as substituted by section 75 of the Act) committing the child to the care of a health board the order of the court shall be in the, Form 84. 67, Schedule C, and shall be served upon the said parent of the child.

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