Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I move amendment No. 7:

In page 52, between lines 2 and 3, to insert the following:

“PART 6

RULES OF COURT IN FAMILY LAW PROCEEDINGS

Amendment of Act of 1936 (Rules of Court)

51. The Act of 1936 is amended— (a) in section 67—

(i) in subsection (2), by the substitution of “8” for “7”,

(ii) in subsection (3), by the insertion of the following paragraph after paragraph (b):

“(ba) the Principal Judge of the Family High Court,”,

and

(iii) in subsection (9), by the insertion of the following paragraph after paragraph (b):

“(ba) in the case of the Principal Judge of the Family High Court, a judge of the Family High Court,”,

(b) in section 69—

(i) in subsection (2), by the substitution of “5” for “4”,

(ii) in subsection (3), by the insertion of the following paragraph after paragraph (a):

“(aa) the Principal Judge of the Family Circuit Court,”,

and

(iii) in subsection (9), by the insertion of the following paragraph after paragraph (a):

“(aa) in the case of the Principal Judge of the Family Circuit Court, a judge of the Family Circuit Court,”,

(c) in section 71—

(i) in subsection (2), by the substitution of “5” for “4”,

(ii) in subsection (3), by the insertion of the following paragraph after paragraph (a):

“(aa) the Principal Judge of the Family District Court,”,

and

(iii) in subsection (9), by the insertion of the following paragraph after paragraph (a):

“(aa) in the case of the Principal Judge of the Family District Court, a judge of the Family District Court,”,

and

(d) by the insertion of the following section after section 72:

“Rules of court in respect of family law proceedings

72A. (1) Rules of court made under any enactment by the Superior Courts Rules Committee, the Circuit Court Rules Committee or the District Court Rules Committee may make specific provision in respect of family law proceedings before one or more of the following (in this section referred to as ‘the Family Courts’):

(a) the Family High Court;

(b) the Family Circuit Court;

(c) the Family District Court.

(2) Without prejudice to the generality of subsection (1), rules referred to in that subsection may, in particular, include rules:

(a) prescribing documentation required for the commencement of proceedings;

(b) regulating pleadings, practice and procedure;

(c) providing for the awarding of costs of proceedings;

(d) providing for the mode of address to be adopted for judges of the Family Courts;

(e) providing for the form, manner and conditions for cases stated to the Family High Court;

(f) in respect of the Family High Court, authorising the Master of the High Court and other principal officers, within the meaning of the Court Officers Acts 1926 to 2014, to exercise functions, powers and jurisdiction in uncontested cases and to take accounts, conduct inquiries and make orders of an interlocutory nature;

(g) providing for such incidental, supplementary and consequential matters as appear to the Committee concerned to be necessary or expedient for the purposes of this Act and the Act of 2024.

(3) In making rules of court referred to in subsection (1), the Superior Courts Rules Committee, the Circuit Court Rules Committee or the District Court Rules Committee, as the case may be, shall have regard to the guiding principles set out in section 8 of the Act of 2024 as well as the proper and efficient administration of justice.

(4) Where the Superior Courts Rules Committee, the Circuit Court Rules Committee or the District Court Rules Committee proposes to make rules of court referred to in subsection (1) or other rules of court applicable to family law proceedings, the Committee concerned shall consult with the Family Courts Practice and Procedure Committee and shall have regard to the views of that Committee in the making of such rules.”.”.

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