Circuit Court Rules (No. 1), 1990.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: This Order provides for a special procedure for the determination of an application by the father to be appointed as guardian of an infant where:
( a ) The mother consents in writing to the appointment of the father as guardian, and
( b ) the father is registered as the father in a Register maintained under the Births and Deaths Registration Acts, 1863 to 1987.
Transitional
num: 2
paragraphs: All applications made or proceedings taken before this Order shall have come into operation but which are in accordance with the existing Rules and practice of the Court shall have the same validity as applications made or proceedings taken in accordance with this Order.
Venue
num: 3
paragraphs: Every application under this Order shall be brought in the County where the applicant or the infant to whom the application relates ordinarily resides or carries on any profession, business or occupation.
Issue
num: 4
paragraphs: All proceedings under this Order shall be instituted by the issue, out of the Office of the County Registrar, of an originating application.
Form
num: 5
paragraphs: All applications made with the consent in writing of the mother pursuant to section 6A of the Guardianship of Infants Act, 1964 (as inserted by section 12 of the Status of Children Act, 1987 ) shall be brought in accordance with Form A in the Schedule of Forms hereto or such modification thereof as may be appropriate and shall be dated and shall bear the name, address and description of the applicant and shall be signed by his solicitor, if any, or if none, by himself.
Filing
num: 6
paragraphs: On the issue of an application, a copy thereof shall be filed and the County Registrar shall thereupon enter the same and cause the same to be listed on the return date mentioned therein. It shall not be necessary in the first instance to give notice of the application to the mother. However, in cases where the mother has not completed a Statutory Declaration in Form B provided in the Schedule hereto or a suitable modification thereof or in the absence of the appearance of the mother in Court on the return date, the Judge may in his discretion adjourn the said application and may direct that notice thereof be served upon the mother and may give such further or other directions as to the hearing of the said application as may to him seem appropriate in the circumstances of the case.
Hearing
num: 7
paragraphs: Every application under this order shall be heard on oral evidence. It will be necessary for the applicant to produce suitable evidence of the consent in writing of the mother, and a certified copy of the entry in the Register maintained under the Births and Deaths Registration Acts, 1863 to 1987, showing that the applicant is registered as the father of the infant to whom the application relates. Every application under this Order shall be heard otherwise than in public.
ORDER 74
APPLICATION FOR DECLARATION OF PARENTAGE
Part VI of the Status of Children Act, 1987 .
Transitional
num: 1
paragraphs: All applications made or proceedings taken before this Order shall have come into operation but which are in accordance with the existing rules and practice of the Court shall have the same validity as applications made or proceedings taken in accordance with this Order.
Venue
num: 2
paragraphs: Every application under this Order shall be brought in the County where any party to the application ordinarily resides or carries on any profession, business or occupation, or, where no party to the proceedings ordinarily resides or carries on any profession, business of occupation in the State, before the Dublin Circuit.
Issue
num: 3
paragraphs: All proceedings under this Order shall be instituted by the issue, out of the office of the County Registrar, of an originating application.
Form
num: 4
paragraphs: Every application made pursuant to Section 35 of the Status of Children Act, 1987 , shall be brought in accordance with Form C in the Schedule of Forms hereto or such modification thereof as may be appropriate and shall be dated and shall bear the name, address and description of the applicant and shall be signed by his solicitor, if any, or if none, by himself, save that where the applicant is under eighteen years of age on the date of the application, the application shall bear the name, address and description of the next friend of the applicant and shall be signed by the solicitor of the next friend, if any, or if none, by the next friend. Every application shall contain the following information where applicable, and where not applicable, that fact shall be stated:
A. The address within the State where every party to the application resides or carries on any profession, business or occupation.
B. The date of birth of the applicant.
C. The place of birth of the applicant.
D. If the place of birth of the applicant is not within the State, the reasons for seeking the declaration from the court.
E. The name and address of the person named as the father of the applicant.
F. Whether the person named as the father of the applicant is or is not alive.
G. The name and address of the person named as the mother of the applicant.
H. Whether the person named as the mother of the applicant is or is not alive.
I. In respect of each person named as father or mother, a brief statement of the grounds upon which it is alleged that the said person is the father or mother of the applicant.
Parties
num: 5
paragraphs: Any person or persons named as father or mother of the applicant shall be named as respondents to the application, unless he or she is the next friend of the applicant for the purpose of the said application. If any person who would otherwise be named as respondent is not alive or is not available for service of proceedings within the jurisdiction, then the application may be made in the first instance without service on that person. In every case the Court may direct that notice of any application under this Order shall be given to such person or persons as the Court thinks fit and the Court may, either of its own motion or on the application of that person or any party to the proceedings order that that person shall be added as a party to those proceedings. Such notice shall be given by service upon such person to be notified of a true copy of the original application and of notice of the making of the order directing the giving of such notice.
Filing
num: 6
paragraphs: On the issue of application, a copy thereof shall be filed and the County Registrar shall thereon enter the same and cause the same to be listed on the return date mentioned therein.
Service
num: 7
paragraphs: Every application shall be served by sending a copy of the same by prepaid ordinary post addressed to the respondent (or party directed to be notified as aforesaid) at his last known place of residence, or alternatively, may be served personally on the respondent or such person to be notified or any person over the age of eighteen years. Service by post shall be deemed to have been effected on the second day following the day of posting. An affidavit of service of every application shall be sworn and shall be filed before the return date. Where it is difficult or impossible to serve any such respondent or other person within the jurisdiction, the Court or the County Registrar may make an Order for substituted service or for service outside the jurisdiction of the said application or notice thereof or for both substituted service and service outside the jurisdiction.
Answer
num: 8
paragraphs: If the respondent or any person served with notice of the said application or any person who has been made a party to the said proceedings wishes to dispute, wholly or in part, the claim of the applicant or any of the information set out on the application, he shall, within ten days of the service on him of the application or within such further time as the Court may allow, serve upon the applicant or his solicitor an answer in Form D in the Schedule of Forms hereto or such modification thereof as may be appropriate. A true copy of such answer shall be filed at the office and served on every other party to the said proceedings within two days after the service thereof upon the applicant or his solicitor. If default is made in serving and/or filing any answer, then the Court may on application made on notice to the party in default give judgment on the application or direct that the application proceed on the footing that the matters set out in the application be deemed to be admitted by the party in default, upon the Court being satisfied that the said party in default was served with notice of the said application at least four clear days prior to the hearing thereof.
Directions, etc
num: 9
paragraphs: On the return date fixed therefor, or on any adjourned date, the court may give such direction or directions as it may deem expedient relating to the said application and to the hearing thereof, including but not limited to the giving of particulars, the provision of information, the sending of papers to the Attorney General, the adding of the Attorney General or any other person as a party to the proceedings, the notification of the application to any person, and any other matter in relation to which applications or directions are provided by Part VI of the Status of Children Act, 1987 .
Hearing
num: 10
paragraphs: Save where the Court otherwise directs, every application under this Order shall be heard an oral evidence. On the hearing of every application the Court may direct that the whole or any part of the proceedings shall be heard otherwise than in public, and an application for a direction under this Rule shall be so heard unless the Court otherwise directs.
Subsidiary applications
num: 11
paragraphs: Every application made pursuant to section 35 (v) (for a direction that papers be sent to the Attorney General) or section 35 (vii) (ordering that a person be added as a party to the proceedings) of the Status of Children Act, 1987 , and every application for judgement pursuant to Rule 8 shall, without prejudice to the power of the Court to act of its own motion, be made by application on notice to such parties as are affected thereby, which notice shall be served at least four clear days before the hearing of such application. Service by post shall be deemed to have been affected on the second day following the day of posting.
Declaration
num: 12
paragraphs: Any declaration made under this Order shall be made in Form E in the Schedule of Forms hereto or such modification thereof as may be appropriate. A copy of every declaration made under this Order shall be furnished by the County Registrar to An tArd-ChlÃ¡raitheoir within ten days of the making of such declaration.
ORDER 75.
BLOOD TESTS WHERE PARENTAGE IS IN ISSUE
Part VII of the Status of Children Act, 1987
Form
num: 1
paragraphs: Every application made pursuant to Section 38 of the Status of Children Act, 1987 , for a direction for the use of blood tests shall, without prejudice to the power of the Court to make a direction of its own motion, be made by notice of motion in Form F in the Schedule of Forms hereto or such modification thereof as may be appropriate. Such notice of motion shall be headed up with the title of the proceedings in which the application is brought and shall specify the name of the person whose parentage is in dispute and shall set out the full name and address and date of birth of each person from whom it is proposed that a blood sample be taken.
Service
num: 2
paragraphs: The notice of motion shall be served on every person from whom it is proposed that a blood sample be taken at least four clear days before the date fixed for the hearing thereof. Service by post shall be deemed to have been effected on the second day after the day of posting.
Evidence
num: 3
paragraphs: Every said application shall be heard on oral evidence, unless the Court otherwise allows or directs.
Direction
num: 4
paragraphs: Every direction under Section 38 (1) shall be in Form G in the Schedule of Forms hereto.
Notice of Intention to call witness (Section 40(5))
num: 5
paragraphs: Where blood samples have been tested pursuant to section 40 of the Act, no party to the proceedings shall, unless the Court otherwise directs, be entitled to call as a witness the person under whose control the blood samples were tested or any person by whom anything necessary for the purpose of enabling these tests to be carried out was done, unless within fourteen days after receiving a copy of the report he serves a notice in Form H of the Schedule of Forms hereto or such modification thereof as may be appropriate on the other parties to the proceedings or on such of them as the Court may direct, of his intention to call that person as a witness.