C48

Application of section extended (18.06.2011) by European Communities (Maintenance) Regulations 2011 (S.I. No. 274 of 2011), reg. 10(2) and (6), in effect as per reg. 1(2).

Enforcement of enforceable maintenance orders given in a Member State not bound by the 2007 Hague Protocol

10. ...

(2) An enforceable maintenance order shall, from the date on which the maintenance order was made, be deemed for the purposes of—

(a) paragraph (1),

(b) section 98(1) (as amended by section 30(1) of the Act of 1976) of the Defence Act 1954 (No. 18 of 1954), and

(c) subject to the Maintenance Regulation, the variation or discharge of that order under section 6 (as amended by section 43(b) of the Act of 1995) of the Act of 1976,

to be an order made by the District Court under section 5, 5A (inserted by section 18 of the Act of 1987) or 21A (inserted by section 21 of the Act of 1987) of the Act of 1976, as may be appropriate.

...

(6) Subject to paragraphs (3) to (5) of Regulation 9, the following shall be regarded as being payable pursuant to an order made under section 5, 5A (inserted by section 18 of the Act of 1987), or 21A (inserted by section 21 of the Act of 1987) of the Act of 1976—

(a) any sum payable under an enforceable maintenance order but not paid before the relevant enforcement order was made;

(b) any costs of or incidental to the application for the enforcement order that are payable under Regulation 14(2).

...

C49

Application of section affected (1.12.2005) by Social Welfare Consolidation Act 2005 (26/2005), s. 51(2), S.I. No. 923 of 2005.

Supplementary provisions.

51. — ...

(2) In deciding whether or not to make an order under section 21A (inserted by the Status of Children Act 1987) of the Family Law (Maintenance of Spouses and Children) Act 1976, in so far as any such order relates to the payment of expenses incidental to the birth of a child, the Circuit Court or the District Court, as the case may be, shall not take into consideration the fact that the mother of the child is entitled to maternity benefit.

C50

Application of section extended (1.03.2002) by European Communities (Civil and Commercial Judgment) Regulations 2002 (S.I. No. 52 of 2002), reg. 6(3) and (7), in effect as per reg. 2.

Enforcement of enforceable maintenance orders

6. ...

(3) An enforceable maintenance order shall, from the date on which the maintenance order was made, be deemed for the purposes of —

(a) paragraph (1),

(b) section 98(1) of the Defence Act 1954 ( No. 18 of 1954), and

(c) subject to the Brussels I Regulation, the variation or discharge of that order under section 6 (as amended by the Act of 1987) of the Act of 1976,

to be an order made by the District Court under section 5, 5A or 21A of the Act of 1976, as may be appropriate.

...

(7) Subject to paragraph (3) to (5) of Regulation 5, the following shall be regarded as being payable pursuant to an order made under section 5, 5A or 21A of the Act of 1976:

(a) any sum payable under an enforceable maintenance order but not paid before the relevant enforcement order was made;

(b) any costs of or incidental to the application for the enforcement order that are payable under Regulation 7(2).

...

C51

Application of section extended (27.03.1996) by Domestic Violence Act 1996 (1/1996), s. 9, commenced as per s. 25(1).

Hearing of applications under various Acts together.

9.—(1) Where an application is made to the court for an order under this Act, the court may, on application to it in the same proceedings and without the institution of proceedings under the Act concerned, if it appears to the court to be proper to do so, make one or more of the orders referred to in subsection (2).

(2) The provisions to which subsection (1) relates are as follows, that is to say: ...

(b) an order under section 5, 5A, 6, 7 or 21A of the Family Law (Maintenance of Spouses and Children) Act, 1976 (as amended by the Status of Children Act, 1987);

...

C52

Application of section extended (25.11.1995) by Maintenance Act 1994 (28/1994), s. 14(3), S.I. No. 288 of 1995; as amended (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 53(c)(i), commenced as per s. 1(2).

Application for maintenance from designated jurisdiction.

14.—(1) On receipt of a request by the Central Authority from a central authority of a designated jurisdiction on behalf of a claimant for the recovery of maintenance from a person for the time being residing in the State (“the respondent”) the Central Authority may— ...

(c) if either the request is not accompanied by such an order or enforcement of the order is refused—

[(i) if the amount of the maintenance sought to be recovered exceeds the maximum amount which the District Court has jurisdiction to award under the Act of 1976 or the request is for a relief order (within the meaning of the Act of 1995) or a maintenance pending suit order, a periodical payments order, a secured periodical payments order or a lump sum order (within the meaning, in each case, of the Act of 1996), make an application to the Circuit Court,]

(ii) in any other case, make an application to the District Court,

for the recovery of maintenance in accordance with the request.

...

[(3) An application referred to in subsection (1) (c) shall be deemed to be an application for a maintenance order under section 5 or section 5A or 21A (inserted by the Status of Children Act, 1987) of the Act of 1976, or the appropriate order referred to in subsection (1) (c) (i), as may be appropriate, and to have been made on the date on which the request of the claimant for the recovery of maintenance was received by the Central Authority of the designated jurisdiction concerned.]

...

C53

Application of section extended (14.06.1988) by Status of Children Act 1987 (26/1987), s. 24(1), commenced as per s. 1(2)(b).

Amendment of Defence Act, 1954.

24.—(1) The reference in section 98 (1)(d) of the Defence Act, 1954, to an order made by a civil court under section 3, 6 or 7 of the Illegitimate Children (Affiliation Orders) Act, 1930, shall be construed as a reference to an order under section 5A, 6, 7 or 21A of the Act of 1976 (as amended by this Part) or an order under section 8A (inserted by this Part) of the Act of 1976 (in so far as it is deemed under that section to be a maintenance order).

...

C54

Application of section extended (1.06.1988) by Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1988 (3/1988), s. 7(2)(a), S.I. No. 91 of 1988; as substituted (25.11.1995) by Maintenance Act 1994 (28/1994), s. 11, S.I. No. 288 of 1995.

Enforcement of Community maintenance orders.

[7. — ...

(2) (a) Subject to section 8 (4) of this Act and to the restriction on enforcement contained in Article 39, the District Court shall have jurisdiction to enforce an enforceable maintenance order and—

(i) for that purpose,

(ii) for the purposes of section 98 (1) of the Defence Act, 1954, and

(iii) subject to the 1968 Convention, for the purpose of the variation or discharge of such an order under section 6 of the Family Law (Maintenance of Spouses and Children) Act, 1976, as amended by the Status of Children Act, 1987,

such an order shall, from the date on which the maintenance order was made, be deemed to be an order made by the District Court under section 5 or section 5A or 21A (inserted by the Status of Children Act, 1987) of the Family Law (Maintenance of Spouses and Children) Act, 1976, as may be appropriate.

...]