Judicial Separation and Family Law Reform Act 1989

Conduct of family proceedings in Circuit and High Courts.

33

33. (1) Circuit Family Court proceedings shall be as informal as is practicable and consistent with the administration of justice.

(2) Neither judges sitting in the Circuit Family Court nor barristers nor solicitors appearing in such courts shall wear wigs or gowns.

(3) Family law proceedings before the High Court shall be as informal as is practicable and consistent with the administration of justice.

(4) In hearing and determining such proceedings as are referred to in subsection (3) of this section neither judges sitting in the High Court nor barristers nor solicitors appearing in such proceedings shall wear wigs or gowns.

Annotations:

Modifications (not altering text):

C14

Application of section extended (1.01.2019) by Domestic Violence Act 2019 (6/2018), s. 15(4), (5), S.I. No. 532 of 2018.

Hearing of civil proceedings

15. — ...

(4) Civil proceedings under this Act before the Circuit Court shall be heard by the Circuit Family Court and accordingly, section 32 and subsections (1) and (2) of section 33 of the Act of 1989 shall apply to those proceedings.

(5) The proceedings to which subsections (3) and (4) of section 33 of the Act of 1989 apply shall be deemed to include proceedings under this Act.

C15

Application of subs. (1) and (2) extended (1.01.2011) by Protection of Children (Hague Convention) Act 2000 (37/2000), s. 4(4), S.I. No. 650 of 2010.

Exercise of jurisdiction.

4. — ...

(4) Sections 33(1), 33(2) and 45 (which provisions relate to the conduct of family proceedings) of the Judicial Separation and Family Law Reform Act, 1989, shall apply and have effect in relation to an application under subsection (1)(b).

C16

Application of section extended (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 38(5), commenced as per s. 1(2).

Jurisdiction of courts and venue.

38.— ...

(5) Section 32 of the Act of 1989 shall apply to proceedings under this Act in the Circuit Family Court and sections 33 to 36 of that Act shall apply to proceedings under this Act in that Court and in the High Court.

...

C17

Application of section extended (1.08.1996) by Family Law Act 1995 (26/1995), s. 38(6), S.I. No. 46 of 1996.

Jurisdiction of courts and venue.

38.— ...

(6) Section 32 of the Act of 1989 shall apply to proceedings under this Act in the Circuit Family Court and sections 33 to 36 of that Act shall apply to proceedings under this Act in that Court and in the High Court.

...

C18

Application of section extended (27.03.1996) by Domestic Violence Act 1996 (1/1996), s. 16(4) and (5), commenced as per s. 25(1).

Hearing of civil proceedings, etc.

16. — ...

(4) Civil proceedings under this Act before the Circuit Court shall be heard by the Circuit Family Court and, accordingly, the provisions of section 32 and subsection (1) and (2) of section 33 of the Judicial Separation and Family Law Reform Act, 1989, shall apply to such proceedings.

(5) The proceedings to which subsections (3) and (4) of section 33 of the Judicial Separation and Family Law Reform Act, 1989, apply shall be deemed to include civil proceedings under this Act.

C19

Application of subs. (1) and (2) extended by (31.10.1995) Child Care Act 1991 (17/1991), s. 29(2), S.I. No. 258 of 1995.

Hearing of proceedings.

29. — ...

(2) The provisions of sections 33(1), 33(2) and 45 of the Judicial Separation and Family Law Reform Act, 1989, shall apply to proceedings under Part III, IV or VI as they apply to proceedings to which those provisions relate.

...

C20

Application of subs. (3) and (4) extended (1.10.1991) by Child Abduction and Enforcement of Custody Orders Act 1991 (6/1991), s. 39(2), S.I. No. 235 of 1991.

Amendment of Judicial Separation and Family Law Reform Act, 1989.

39.— ...

(2) The proceedings to which subsections (3) and (4) of section 33 (conduct of family proceedings in the High Court) of the Act of 1989 apply shall be deemed to include proceedings under this Act.