Family Law (Maintenance of Spouses and Children) Act 1976

Jurisdiction of Courts.

23

F58[23. (1) Subject to subsection (2) of this section, the Circuit Court and the District Court shall have jurisdiction to hear and determine F59[proceedings under section 5, 5A, 5B, 5C, 6, 7, 9 and 21A of this Act].

(2) (a) The District Court and the Circuit Court, on appeal from the District Court, shall not have jurisdiction to make an order under this Act for the payment of a periodical sum at a rate greater than F60[500] per week for the support of a spouse or F60[150] per week for the support of a child.

(b) Subject to paragraph (d) of this subsection, nothing in subsection (1) of this section shall be construed as conferring on the District Court or the Circuit Court jurisdiction to make an order or direction F59[under section 5, 5A, 5B, 6, 7 or 9] of this Act in any matter in relation to which the High Court has made an order or direction under any of those sections.

(c) Subject to paragraph (d) of this subsection, nothing in subsection (1) of this section shall be construed as conferring on the District Court jurisdiction to make an order or direction F59[under section 5, 5A, 5B, 6, 7 or 9] of this Act in any matter in relation to which the Circuit Court (except on appeal from the District Court) has made an order or direction under any of those sections.

(d) The District Court and the Circuit Court may vary or revoke an order or direction made by the High Court under section 5, 6, 7 or 9 of this Act before the commencement of section 12 of the Courts Act, 1981, if

(i) the circumstances to which the order or direction of the High Court related have changed other than by reason of such commencement, and

(ii) in the case of a variation or revocation of such an order or direction by the District Court, the provisions of the order or direction would have been within the jurisdiction of that Court if the said section 12 had been in operation at the time of the making of the order or direction.]

F59[(3) In proceedings under this Act, each party to the proceedings shall give to the other party such particulars of his or her financial circumstances, including property and income, and in so far as is practicable, the financial circumstances of his or her dependent children, as may reasonably be required for the purpose of the proceedings.]

F61[(4) Where a person fails or refuses to comply with subsection (3), the Court, on application to it in that behalf by a person having an interest in the matter, may direct the person to comply with that subsection.]

Annotations

Amendments:

F58

Substituted (12.05.1982) by Courts Act 1981 (11/1981), s. 12, commenced as per s. 33(3).

F59

Substituted (18.01.2016) by Child and Family Relationships Act 2015 (9/2015), s. 78, S.I. No. 12 of 2016.

F60

Substituted (1.10.2002) by Courts and Court Officers Act 2002 (15/2002), s. 20, S.I. No. 407 of 2002.

F61

Inserted by Family Law Act 1995 (26/1995), s. 43(e), as substituted (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 52(o)(ii), commenced as per s. 1(2).

Editorial Notes:

E22

Previous affecting provision: subs. (3) inserted by Family Law Act 1995 (26/1995), s. 43(e), as substituted (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 52(o)(ii), commenced as per s. 1(2); substituted as per F-note above.

E23

Previous affecting provision: subs. (4) inserted (1.08.1996) by Family Law Act 1995 (26/1995), s. 43(e), S.I. No. 46 of 1996. At the time this subs. (4) was inserted there was no subs. (3). s. 43(e) was subsequently substituted and numbering regularised as per F-note above.

E24

Previous affecting provision: amounts specified in subs. (2)(a) substituted (15.08.1991) by Courts Act 1991 (20/1991), s. 11, commenced as per s. 23(3); substituted as per F-note above.