Judicial Separation and Family Law Reform Act 1989

Conduct of District Court family proceedings.

45

45. (1) Proceedings before the District Court under the Guardianship of Infants Act, 1964, the Family Law (Maintenance of Spouses and Children) Act, 1976, the Family Home Protection Act, 1976, section 9 of the Family Law Act, 1981, the Family Law (Protection of Spouses and Children) Act, 1981 and the F37 [ , the Status of Children Act, 1987, and the Child Abduction and Enforcement of Custody Orders Act, 1991, ] shall be as informal as is practicable and consistent with the administration of justice.

(2) Neither district justices hearing and determining such proceedings as are referred to in subsection (1) of this section nor barristers nor solicitors appearing in such proceedings shall wear wigs or gowns.

Annotations:

Amendments:

F37

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

Modifications (not altering text):

C28

Judges’ robes when hearing proceedings under subs. (1) or proceedings involving a child specified by District Court Rules 1997 (S.I. No. 93 of 1997), order 5, as substituted (8.03.2017) by District Court (Judges’ Robes) Rules 2017 (S.I. No. 77 of 2017), rule 2.

[Order 5

Judges robes

...

2. A Judge, when hearing and determining such proceedings as are referred to in section 45 (1) of the Judicial Separation and Family Law Reform Act 1989 (No. 6 of 1989) or proceedings involving a child shall not be required to wear either such gown but shall during the sittings of the Court wear white bands or a single white neck tab and dark attire. ]

C29

Application of section 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).

C30

Application of section extended (31.10.1995) by 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.

...