District Court (Family Law) Rules, 1998.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Rules may be cited as the District Court (Family Law) Rules, 1998.
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paragraphs: Order 54 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended
(a) by the addition in rule 1 of the following definitions:-
"the Act of 1995 " means the Family Law Act, 1995 (No. 26 of 1995).
"the Act of 1996" means the Family Law (Divorce) Act, 1996 (No. 33 of 1996)
(b) by the substitution of the following rule for rule 15:
"15. Where the Clerk receives a copy
(i) of an order for maintenance pending suit, of a periodical payments order or of a secured periodical payments order made under the Act of 1995 or of any such order as aforesaid as affected by an order under section 18 of the Act of 1995;
(ii) of an order for maintenance pending suit, of a periodical payments order or a secured periodical payments order made under the Act of 1996 or of any such order as aforesaid as affected by an order under section 22 of the Act of 1996,
from the Registrar of the Court which made that order, and payments under the order are directed to be made to the District Court Clerk (as provided for in section 20 of the Act of 1995 and in section 28 of the Act of 1996), such Clerk shall register particulars of the order and shall proceed in relation thereto as if it were a maintenance order made at a sitting of the District Court for the district court area to which that Clerk is assigned."
(c) by the addition of the following rules after rule 15:-
"Orders to secure payments
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paragraphs: Where the Court has made an order providing for periodical payments by way of support or maintenance by a maintenance debtor to a maintenance creditor, an application may be made to the Court on a date subsequent to the date on which such order is made pursuant to the provisions of section 41 of the Act of 1995 by any person having an interest in the proceedings to secure the said payments to the maintenance creditor. Such application shall be preceded by the issue and service of a notice in the Form 54.22 Schedule C. The order of the Court granting such application shall be in the Form 54.23 Schedule C.
Lump Sum orders
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paragraphs: Where, under the powers conferred by section 42 of the Act of 1995, an order is made in the District Court providing for the making of a lump sum payment or lump sum payments the order of the Court shall be in the Form 54.24, 54.25, 54.26, or 54.27 Schedule C as the case may be.
Stay on certain orders the subject appeal
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paragraphs: (1) Notwithstanding the provisions of Order 25, rule 9(4) and Order 101 of these Rules, and that an appellant has entered into a recognizance for appeal, an appeal from an order under
(i) section 11 (2) (b) of the Guardianship of Infants Act, 1964 , (No. 7 of 1964),
(ii) section 5 , 5A or 7 of the Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976)
shall, if the court that made the order or the court to which the appeal is brought so determines (but not otherwise), stay the operation of the order.
(2) An application to the District Court to stay the operation of an order such as is mentioned in subsection (1) of this rule, may be made following the service and lodgment of a notice of appeal and lodgment of the recognizance for appeal and when made otherwise than upon the occasion of the making of those orders shall be preceded by the issue of a notice in the Form 54.28 which shall be served upon the respondent to the application two days before the hearing of the application. The order of the Court granting the stay shall be in the Form 54.29."
(d) (i) by the insertion of "as amended" after the title of the Act in the heading to Forms 54.1, 54.2, 54.5, 54.6, 54.7, 54.8, 54.10, and 54.12;