17. Family Law

Updated to 16 January 2020 (Act no. 53 of 2019 and S.I. No. 14 of 2020)

Click on triangular bullet points to see more detail.

17.1. Marriage

Justice 26/1995
Justice 35/2015
Justice
  • none
7 Edw. 7, c. 47
Justice
  • none
11 & 12 Geo. 5, c. 24
Justice
  • none
5/1957
Justice
  • none
22/1981
Justice
  • none
31/1988

17.2. Civil Partnership and Cohabitants

Justice 24/2010

17.3. Children and Parental Duties

17.3.1. General

Justice 9/2015
Justice 7/1964
Justice 26/1987
Justice 40/1997
Justice 13/1931
Children 20/2018
1 Also listed at Title 17.3.2: Childcare and Protection.
2 The enabling provisions were s. 1(4) and sch., paras. (1) and (5). They were repealed by Civil Registration Act 2004 (3/2004), s. 4 and sch. 2, subject to a wide saver for existing instruments which could have been made under the 2004 Act in s. 5. This SI does not meet this requirement, is no longer in effect and should be formally revoked.

17.3.2. Child Care and Protection

Children 3 17/1991
Children 6 26/2007
Children 7 19/2011
Children
  • none
5/2013
Children 45/2015
Children 36/2015
Children 8
  • none
49/1998
Justice 37/2000
Justice
  • none
40/1997
Children 11/2018
3 See S.I. No. 488 of 2011.
4 The enabling provisions are Child Care Act 1991 (17/1991), ss. 61, 63 and 68. The general enabling provision, s. 68 is still in force. Sections 61 and 63 are to be repealed by the Health Act 2007, s. 104(1), but remain in force. There is a saver for in force regulations under s. 104(3): (3) Each order, regulation and rule that was made under a provision of an enactment repealed or revoked by this Act and that was in force immediately before such repeal or revocation continues in force under the corresponding provision, if any, of this Act, subject to such adaptations and modifications as the Minister, by regulation, may make for the purpose of bringing any such order, regulation or rule into conformity with this Act. The corresponding section is probably s. 45; however this repeal has not been commenced.
5 This SI is considered obsolete on revocation of S.I. No. 604 of 2006, which it amended.
6 See S.I. No. 488 of 2011.
7 See S.I. No. 488 of 2011.
8 See S.I. No. 218 of 2011.
9 Also listed under 17.3.1.

17.3.3. Child Abduction and Enforcement of Custody Orders

Justice 6/1991
10 This SI is obsolete/spent and could be revoked.

17.3.4. Ombudsman for Children

Children 11 22/2002
11 See S.I. No. 218 of 2011.

17.4. Adoption

Children 12 21/2010
Children 19/2017
12 See S.I. No. 218 of 2011.

17.5. Child and Family Agency

Children 40/2013
13 Repealed Family Support Agency Act 2001 (54/2001). For assignment to Children, see S.I. No. 214 of 2011, S.I. No. 215 of 2011 and S.I. No. 216 of 2011 (only remaining statutory function of Department of Community, Equality and Gaeltacht Affairs that was, under the 2001 Act, transferred to Children and Youth Affairs). Family Support Agency Act, 2001 (Establishment Day) Order 2003 (S.I. No. 181 of 2003), is obsolete and should be revoked.

17.6. Divorce and Judicial Separation

17.6.1. Divorce

Justice
  • none
33/1996
Justice
  • none
26/1995
Justice
  • none
18/1997
Justice
  • none
14/2008
14 Note: 1997 Act also enacted changes to, for example, succession law: see Heading 23, Land Law, below.
15 This Act is also classified at Titles 2.9: Publications, 9.1: General Jurisdiction of Courts and 23.4: Succession and Wills.

17.6.2. Judicial Separation

Justice
  • none
6/1989

17.6.3. Private International Law/Conflicts of Law

Justice
  • none
24/1986
Justice 37/2019

17.7. Maintenance 16

16 Maintenance Orders Act 1974 (16/1974) was repealed by European Communities (Maintenance) Regulations 2011 (S.I. No. 274 of 2011), reg. 25. Maintenance Orders Act, 1974 (Commencement) Order 1975 (S.I. No. 23 of 1975) is obsolete and should be revoked.
Justice
  • none
11/1976
Justice 28/1994

17.8. Domestic Violence

Justice 6/2018
17

Repealed Domestic Violence Act 1996 (1/1996) and Domestic Violence (Amendment) Act 2002 (30/2002)