Circuit Court Rules (Children And Family Relationships Act 2015) 2016.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: (1) These Rules, which may be cited as the Circuit Court Rules (Children And Family Relationships Act 2015) 2016, shall come into operation on the 18th day of January 2016.
(2) These Rules shall be construed together with the Circuit Court Rules 2001 to 2016.
(3) The Circuit Court Rules as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2016.
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paragraphs: The Circuit Court Rules are amended:
(i) by the substitution for rule 1 of Order 59 of the following rule:
“Rule 1 — Appointment of guardian
1. (1) Every application under this rule shall be brought in the County where the applicant or the child to whom the application relates ordinarily resides or carries on any profession, business or occupation.
(2) All applications to the Court pursuant to section 6A, section 6C, section 6E(3), section 6F(1) section 7(4), section 8(1), section 8(2), section 8(4) or section 8(5) (and where there are no existing proceedings in the Court concerning the guardianship of the relevant child, section 8(6)) of the Guardianship of Infants Act 1964 shall be brought by the issue, out of the Office, of an originating Notice of Motion which 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.
(3) On the issue of an originating Notice of Motion, 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. A copy of the Originating Notice of Motion shall be served on the other parent and on any other guardian of the child. In the case of an application by a person to whom section 6C(2)(b) of the Guardianship of Infants Act 1964 applies, a copy of the Originating Notice of Motion shall also be served upon the Child and Family Agency. In the case of an application under section 6E(3) of the Guardianship of Infants Act 1964 a copy of the Originating Notice of Motion and any written nomination shall be served on each person mentioned in section 6E(4) of that Act.
(4) On the return date, the Judge may give such directions as to the hearing of the application as may to him seem appropriate in the circumstances of the case.
(5) Any further application in proceedings begun in accordance with sub-rule (2), including any application under section 6E(9) of the Guardianship of Infants Act 1964 in a case where an order has been made under section 6E(5) of that Act, shall be made by the issue and service of a Notice of Motion. A copy of the Notice of Motion shall be served on every person served with a copy of the Originating Notice of Motion by which the proceedings were begun, and on any other person required under the Guardianship of Infants Act 1964 or directed by the Court to be served.
(6) Every application under this rule shall be heard on oral evidence. Where the applicant’s parentage of the child to whom any application relates is disputed, it will be necessary for the applicant to produce a certified copy of the entry in the Register maintained under the Civil Registration Act 2004 , showing that the applicant is registered as a parent of the child to whom the application relates.
(7) Subject to any provision of statute and to any order of the Court made in accordance with Order 59, rule 6, every application under this rule shall be heard otherwise than in public.”;
(ii) by the insertion in rule 1 of Order 59A immediately following the definition of “cohabitation proceedings” of the following definition:
“ “dependent child” and “dependent child of the civil partners” each has the same meaning as in section 2 of the Act, and”;
(iii) by the substitution for paragraph (e) of sub-rule (2) of rule 4 of Order 59A of the following paragraph:
“(e) full particulars of every dependent child of the civil partners, stating whether and if so what provision has been made for each and any such dependent child;”;
(iv) by the substitution for paragraph (e) of sub-rule (3) of rule 4 of Order 59A of the following paragraph:
“(e) full particulars of every dependent child of the civil partners, stating whether and if so what provision has been made for each and any such dependent child;”;
(v) by the substitution for paragraph (e) of sub-rule (7) of rule 4 of Order 59A of the following paragraph:
“(e) the rights of any person other than the civil partners concerned which may be affected by the relief sought, including a person with whom either civil partner is registered in a new civil partnership or to whom either civil partner is married, or any dependent child of the civil partners.”;
(vi) by the substitution for paragraph (d) of sub-rule (9) of rule 4 of Order 59A of the following paragraph:
“(d) full particulars of every dependent child of the civil partners, stating whether and if so what provision has been made for each and any such dependent child;”;
(vii) by the substitution for rule 6 of Order 59A of the following rule: