Circuit Court Rules (No. 7) 1982. Family Home Protection Act, 1976.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: These Rules which may be cited as The Circuit Court Rules (No. 7), 1982, shall come into operation on the 9th day of August, 1982.
num: 2
paragraphs: The Order referred to in these Rules shall be added to and construed together with those Orders contained in the Circuit Court Rules, 1950, as amended.
ORDER 71
FAMILY HOME PROTECTION ACT, 1976 .
Definition.
num: 1
paragraphs: In this Order "The Act" means The Family Home Protection Act, 1976 (No. 27 of 1976) as amended by Section 13 of the Courts Act, 1981 .
Transitional.
num: 2
paragraphs: All applications made or proceedings taken before these Rules 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 these Rules.
num: 3
paragraphs: All proceedings under this Order shall be instituted by the issue, out of the Office, of an originating application.
Venue.
num: 4
paragraphs: All applications under this Order shall be brought in the County where any party to the proceedings ordinarily resides or carries on any profession, business or occupation.
Forms.
num: 5
paragraphs: All applications under the Act shall be brought in the appropriate form in the Schedule of Forms annexed hereto or such modification thereof as may be appropriate and shall contain full particulars of the grounds upon which it is intended to rely in support of the application including the particulars indicated on the appropriate form as being required.
Affidavits.
num: 6
paragraphs: Where it appears to the applicant that the application may be disposed of satisfactorily without oral evidence, the applicant may file such affidavit or affidavits as shall be necessary in order to verify the facts set out in the application and any further facts upon which the applicant intends to rely in support thereof. A copy of every affidavit intended to be relied upon shall be served with the application.
Signatures to Application.
num: 7
paragraphs: All applications under this Order 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.
Return Date.
num: 8
paragraphs: This Rule shall not apply to Dublin. Every application shall state the date upon which the application shall be returned which shall be the date of commencement of the Sittings or such other date as the County Registrar shall provide and shall be served so as to give the Respondent at least four clear days' notice of the application before the return date.
Return Date (Dublin).
num: 9
paragraphs: This Rule shall apply only to the Dublin Circuit. Every application shall state the date on which the application shall be returned and shall be served so as to give the Respondent at least four clear days' notice of the making of the application before such return date.
Filing.
num: 10
paragraphs: On the issuing of an application, a copy thereof shall be filed and the County Registrar shall thereupon enter the same.
Service.
num: 11
paragraphs: All applications (save applications pursuant to Section 4 (4) of the Act where the spouse whose consent is required has not after reasonable enquiries been found) shall be served by sending a copy of the same by prepaid ordinary post addressed to the Respondent at his last known place of residence, or alternatively, may be served personally on the Respondent by any person over the age of 21 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 requiring to be served shall be sworn and shall be filed before the return date.
Answer or Replying Affidavit.
num: 12
paragraphs: If the Respondent wishes to dispute, wholly or partly, the claim of the Applicant, he shall within four days after 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 the form in the schedule annexed hereto setting out the grounds upon which the Respondent disputes the Applicant's claim, save that where the application is grounded upon Affidavit, and the Respondent does not require oral evidence, he shall, in lieu of an answer serve and file an Affidavit setting out all the facts upon which the Respondent intends to rely in disputing the Applicant's claim. Where the Respondent requires the Applicant to give oral evidence he shall so state in his answer. A copy of every answer or every Replying Affidavit shall be filed within two days after the service thereof.
Directions etc.
num: 13
paragraphs: If the Judge is satisfied that the application is ready for hearing on the return date fixed therefor, he may hear the same on that day. If the application is not heard on that day, the Judge may adjourn the same to a further date for mention or may fix the date for the hearing of the same and may give such direction as he may deem expedient relating to the said application and to the hearing thereof, including but not limited to the giving of particulars, the serving and filing of an answer, and the swearing of Affidavits. In the case of non-compliance with any such directions the Judge who made the same or the Judge who hears the application may deal with the matter as to him shall seem right.
Hearing.
num: 14
paragraphs: (1) Every application which is grounded upon Affidavit shall be heard on Affidavit unless the Respondent shall have indicated that he requires oral evidence to be given, or unless the Court directs oral evidence.
(2) Every application which is not grounded upon Affidavit shall be heard on oral evidence.
(3) Every application shall be heard otherwise than in open Court.
Third Persons.
num: 15
paragraphs: Where, in any application pursuant to the provisions of Section 5 or Section 9 of the Act, it is appropriate to direct an Order to any third person who is not a party to the Application, the Court may if it thinks fit adjourn the matter and direct the Applicant or the Respondent to notify the third person against whom an Order is sought of the fact that an Order is sought against him and of the adjourned date, so that this said third person may appear and be heard in relation to the making of the said Order. Alternatively, the Court may when making an Order directed to any third person, provide, in the said Order, that the said third person should have liberty to apply to the Court on notice to the Applicant to set aside the Order made insofar as it is directed against or relates to the said third person.
Costs.
num: 16
paragraphs: The costs as between party and party may be measured by the Judge and if not so measured shall be taxed by the County Registrar according to such scale of costs as may be prescribed. Any party aggrieved by such taxation may appeal to the Court and have the costs reviewed by it.
FORM NO. 1.
AN CHÃIRT CHUARDA (The Circuit Court)
Record No.
......................Circuit
County of ......................
APPLICATION
FAMILY HOME PROTECTION ACT, 1976 , SECTION 4 (1)
(Application to dispense with consent of Spouse to proposed conveyance of Family Home)
Between:
A.B.
Applicant
and
C.D.
Respondent
TAKE NOTICE that the above named Applicant of in the County of hereby applies to the Court sitting at pursuant to Section 4 (1) of the above Act for an Order dispensing with the consent of the Respondent to the proposed conveyance by the Applicant of an interest in the premises (a)
(a) Here insert a description of the family home sufficient to identify the same.
which are the family home of the Applicant and for an Order providing for the costs of the Application.
AND TAKE NOTICE that the Applicant will rely upon the following matters in support of the Application:
num: 1
paragraphs: (b)
(b) Here set out the residential address and occupation of the Respondent.
num: 2
paragraphs: The Applicant was on the day of married to the Respondent at (c)
(c) Here set out the venue at which the marriage cermony was performed.
num: 3
paragraphs: The premises described above are the family home of the Applicant and the Respondent.
num: 4
paragraphs: The Applicant wishes to convey an interest in the said family home by (d)
(d) Here set out details of the nature and purport of the intended conveyance and of the proposed consideration for the same.
num: 5
paragraphs: It is unreasonable for the Respondent to withold his/her consent to the said proposed conveyance on the grounds that (e)
(e) Here set out in full the grounds and circumstances intended to be relied upon.
Or
num: 5
paragraphs: Delete whichever is applicable
The Respondent has deserted and continues to desert the Applicant, having on the day of
(f)
(f) Here set out details of the alleged desertion, and if constructive desertion is alleged give full particulars of the conduct relied upon to justify the Applicant's leaving the Respondent.
num: 6
paragraphs: The rateable valuation of the said premises does/(g) does not exceed the sum of £200.
(g) Delete whichever is inappropriate.
num: 7
paragraphs: (h) The Affidavit(s) of are served herewith.
(h) Delete where the Application is not grounded on Affidavit.
AND TAKE NOTICE that if you intend to dispute the Applicant's claim or any part thereof, you must within four days of the service of this Application on you file with the County Registrar in the Circuit Court office at an Answer in the form prescribed by the Rules of the Circuit Court, or, where the application is grounded upon Affidavit and the Respondent does not require oral evidence, a replying Affidavit.
AND TAKE NOTICE that the said Application will be mentioned before the Court on the day of 19 , and shall be heard on that day or on such date as the Court may fix for the hearing thereof.
Dated the day of , 19
Signed
............................................................ ....................
(Applicant or Solicitor for Applicant).
Address:
............................................................ ....................
To: C.B.
............................................................ ......................
(Respondent) of
............................................................ ............................................
............................................................ ............................................................ ................
(Address).
FORM NO. 2
AN CHÃIRT CHUARDA (The Circuit Court)
Record No.
...................Circuit
County of.....................
APPLICATION
FAMILY HOME PROTECTION ACT, 1976 , SECTION 4 (4)
(Application by spouse for the Court to give the Consent on behalf of the spouse who is incapable of consenting)
Between:
A.B.
Applicant
and
C.B.
Respondent
(or, if the spouse whose consent is sought has not after reasonable enquiries been found, on the application of A.B., Applicant)
TAKE NOTICE that the above named Applicant of in the County of hereby applies to the Court sitting at pursuant to Section 4 (4) of the Above Act for an Order giving the consent on behalf of the Respondent/C.B. (a)
(a) Here insert name of spouse, if he/she is not named as Respondent to the Application. to the proposed conveyance by the Applicant of an interest in the premises
(b)
(b) Here insert a description of the family home sufficient to identify the same.
which are the family home of the Applicant and for an Order providing for the costs of the Application.
AND TAKE NOTICE that the Applicant will rely upon the following matters in support of the Application:
num: 1
paragraphs: (c)
(c) Here set out the residential address and occupation of the Respondent.
or
num: 1
paragraphs: The Applicant does not know the residential address of the said C.B. whose occupation is that of
num: 2
paragraphs: The Applicant was on the day of married to the Respondent/the said C.B. at the (d)
(d) Here identify the venue at which the marriage ceremony was performed.
num: 3
paragraphs: The premises described above are the family home of the Applicant and the Respondent/the said C.B.
num: 4
paragraphs: The Applicant wishes to convey an interest in the family home by (e)
(e) Here set out details of the nature and purpose of the proposed conveyance and details of the proposed consideration therefor.
num: 5
paragraphs: The Respondent is incapable of consenting to the said conveyance by reason of unsoundness of mind or other mental disability in that (f)
(f) Here set out details of unsoundness of mind or other mental disability.
Or
num: 5
paragraphs: The said C.B. has not been found notwithstanding the following enquiries which have been conducted by or on behalf of the Applicant (g)
(g) Here set out brief details of the enquiries made.
num: 6
paragraphs: In all the circumstances it is reasonable that the Court should give the consent on behalf of the Respondent/the said C.B.
num: 7
paragraphs: The rateable valuation of the said premises does/(h)
does not exceed the sum of £200.
(h) delete whichever is appropriate
num: 8
paragraphs: (i) The Affidavit(s) of served herewith
(i) delete where the Application is not grounded upon Affidavit.
AND TAKE NOTICE that if you intend to dispute the Applicant's claim or any part thereof, you must within four days of the service of this Application on you file with the County Registrar in the Circuit Court Office at
an Answer in the form prescribed by the Rules of the Circuit Court, or where the Application is grounded upon Affidavit and the Respondent does not require oral evidence, a replying Affidavit.
AND TAKE NOTICE that this Application will be mentioned before the Court on the day of 19 and shall be heard on that day or on such date as the Court may fix for the hearing thereof.
Dated the day of 19
Signed............................................................ ...........
(Applicant or Solicitor for the Applicant)
:
Address............................................................ ..........
To: C.B.
............................................................ ......
(Respondent)
of
............................................................ ..........
(Address)
FORM NO. 3
AN CHÃIRT CHUARDA (The Circuit Court)
Record No.
...................Circuit
County of.......................
APPLICATION
FAMILY HOME PROTECTION ACT, 1976 , SECTION 5 (1)
(Application for Order for the protection of the family home in the interest of the applicant, spouse or child)
Between:
A.B.
Applicant
and
C.B.
Respondent
TAKE NOTICE that the above named Applicant of
in the county of
hereby applies to the Court sitting at
pursuant to Section 5 of the above Act for such Order as the Court may consider proper directed to the Respondent or to any other person for the protection of the premises (a)
(a) Here insert a description of the family home sufficient to identify the same.
which are the family home of the Applicant, and for an Order providing for the costs of this Application.
AND TAKE NOTICE that the Applicant will rely upon the following matters in support of the Application:
num: 1
paragraphs: (b)
(b) Here set out the residential address and occupation of the Respondent.
num: 2
paragraphs: The Applicant was on the day of married to the Respondent at (here identify the venue at which the marriage ceremony was performed).
num: 3
paragraphs: The premises described above are the family home of the Applicant and of the following dependent child/children of the family, namely (c)
(c) Here set out names and dates of birth of each dependant child.
num: 4
paragraphs: The Respondent is engaging in conduct which may lead to the loss of an interest in the family home or may render it unsuitable for habitation as a family home in that (d)
(d) Here set out full details of the conduct complained of.
num: 5
paragraphs: The Respondent intends thereby to deprive the Applicant and/or the said dependent child/children of their residence in the family home.
num: 6
paragraphs: And the Applicant seeks and Order directed against the Respondent (e)
(e) Here set out brief details of the Order sought.
And/or
num: 6
paragraphs: The Applicant seeks an Order directed to (f)
(f) Here set out the name of any third party against whom an order is sought giving brief details of the Order sought.
num: 7
paragraphs: The rateable valuation of the said premises does/(g) does not exceed the sum of £200.
(g) delete whichever is inappropriate.
num: 8
paragraphs: (h) The Affidavit(s) of served herewith
(h) delete where the Application is not grounded upon Affidavit.
AND TAKE NOTICE that if you intend to dispute the Applicant's claim or any part thereof, you must within four days of the service of this Application on you file with the County Registrar in the Circuit Court Office at an Answer in the form prescribed by the Rules of the Circuit Court, or where the Application is grounded upon Affidavit and the Respondent does not require oral evidence, a replying Affidavit.
AND TAKE NOTICE that this Application will be mentioned before the Court on the day of 19 and shall be heard on that day or such date as the Court may fix for the hearing thereof.
Dated the day of 19
.Signed ............................................................ ............................
(Applicant or Solicitor for Applicant.)
Address:
............................................................ ............................................................ .................................................
To: C.B.
............................................................ ...
(Respondent)
of
............................................................ ........
(Address).
FORM NO. 4
AN CHÃIRT CHUARDA (The Circuit Court)
Record No.
.........................Circuit
County of.........................
APPLICATION
FAMILY HOME PROTECTION ACT, 1976 , SECTION 5 (2)
(Application for Compensation relating to family home)
Between:
A.B.
Applicant
and
C.B.
Respondent
TAKE NOTICE that the above named Applicant of
in the County of
hereby applies to the Court sitting at
pursuant to Section 5 (2) of the above Act for an Order for the payment to the Applicant of such amount as the Court may consider proper to compensate the Applicant and any dependent child for their loss; or for such other Order directed to the Respondent or to any other person as may appear to the Court to be just and equitable, and for an Order providing for the costs of this Application.
AND TAKE NOTICE that the Applicant will rely upon the following matters in support of the Application.
num: 1
paragraphs: (a)
(a) Here set out the residential address and occupation of the Respondent.
num: 2
paragraphs: The Applicant was on the day of married to the Respondent at (b)
(b) Here identify the venue at which the marriage ceremony was performed.
num: 3
paragraphs: The premises (c)
(c) Here describe the family home so as to identify the same.
are the family home of the Applicant and of the following dependent children of the family, namely (d)
(d) Here set out the names and dates of birth of each dependent child of the family.
num: 4
paragraphs: The Respondent on or about the day of (e)
(e) Here set out brief details of the conduct of the Applicant which is complained of.
num: 5
paragraphs: As a result of the said conduct the Respondent has deprived the Applicant and/or the above named dependent children of the family of their residence in the family home in that the said conduct resulted in the loss of an interest therein/(f) rendered the same unsuitable for habitation as a family home
(f) Delete whichever is inappropriate.
num: 6
paragraphs: (g)
(g) Here set out brief details of and loss or expense alleged to have resulted from the conduct complained of and any other relevant consequence of the conduct.
num: 7
paragraphs: And the Applicant seeks an Order directed to the Respondent (h)
(h) Here set out brief details of the nature of the Order sought.
And/or
num: 7
paragraphs: And the Applicant seeks an Order directed against (i)
(i) Here set out the name of any third party against whom an Order is sought and brief details of the nature of the Order sought.
num: 8
paragraphs: The rateable valuation of the said premises does/(j) does not exceed the sum of £200.
(j) Delete whichever is inappropriate.
num: 9
paragraphs: (k) The Affidavit(s) of served herewith
(k) Delete where the Application is not grounded upon Affidavit.
AND TAKE NOTICE that if you intend to dispute the Applicant's claim or any part thereof, you must within four days of the service of this Application on you file with the County Registrar in the Circuit Court Office at an Answer in the form prescribed by the Rules of the Circuit Court or, where the Application is grounded upon Affidavit and the Respondent does not require oral evidence, a replying Affidavit.
AND TAKE NOTICE that the said Application will be mentioned before the Court on the day of 19 , and shall be heard on that day or on such date as the Court may fix for the hearing thereof.
Dated the day of 19
Signed
...................................................
(Applicant or Solicitor for Applicant).
To: C.B.
............................................................
(Respondent).
of
............................................................ .......
(Address).
FORM NO. 5
AN CHÃIRT CHUARDA (The Circuit Court)
Record No.
....................... Circuit
County of ......................
APPLICATION
FAMILY HOME PROTECTION ACT, 1976 , SECTION 9 (1)
(Application to Prohibit Spouse from disposing of or removing household chattels)
Between:
A.B.
Applicant
and
C.B.
Respondent
TAKE NOTICE that the above named Applicant of
in the County of