Family Law (Maintenance of Spouses and Children) Act 1976

F37[Orders in respect of certain other agreements.

8A

8A.—Where—

(a) the parents of a dependent child F38[who are not married to each other and are not civil partners of each other enter into an agreement] in writing after the commencement of Part IV of the Status of Children Act, 1987, that includes either or both of the following provisions, that is to say—

(i) a provision whereby a parent undertakes to make periodical payments towards the maintenance of the child,

(ii) a provision affecting the interests of the child which governs the rights and liabilities of the parents towards one another in respect of the making or securing of payments (other than payments specified in paragraph (a)(i) of this section), or the disposition or use of any property,

and

(b) an application is made by one or both of the parents to the High Court or the F39[Circuit Court or, in relation to an agreement other than a separation agreement, the District Court] for an order making the agreement a rule of court,

that Court may make such an order if it is satisfied that the agreement is a fair and reasonable one which in all the circumstances adequately protects the interests of the child and such order shall, in so far as it relates to a provision specified in paragraph (a)(i) of this section, be deemed, for the purposes of section 9 and Part III of this Act, to be a maintenance order.]

Annotations

Amendments:

F37

Inserted (14.06.1988) by Status of Children Act 1987 (26/1987), s. 20, commenced as per s. 1(2)(b).

F38

Substituted (4.05.2020) by Children and Family Relationships Act 2015 (9/2015), s. 75, S.I. No. 624 of 2019.

F39

Substituted (9.01.1998) by Children Act 1997 (40/1997), s. 15(b), commenced as per s. 1(2).

Modifications (not altering text):

C36

Application of section modified by Guardianship of Infants Act 1964 (7/1964), s. 30(3) and (4); as inserted (9.01.1998) by Children Act 1997 (40/1997), s. 11, commenced as per s. 1(2).

Jurisdiction.

30. — ...

(3) Where an application is made to the court for an order under section 24, the court may, in the same proceedings, if it appears to it to be proper to do so, make an order under section 8 or 8A of the Act of 1976 without the institution of proceedings under that Act.

(4) Where an application is made to the court for an order under section 8 or 8A of the Act of 1976, the court may, in the same proceedings, if it appears to it to be proper to do so, make an order under section 24 without the institution of proceedings under this Act.

C37

Application of section extended (25.11.1995) by Maintenance Act 1994 (28/1994), s. 14(10), S.I. No. 288 of 1995.

Application for maintenance from designated jurisdiction.

14. — ...

(10) Section 8 and section 8A (inserted by the Status of Children Act, 1987) of the Act of 1976 shall apply and have effect in relation to any agreement in writing which contains a provision mentioned in paragraph (a) of either section and is made—

(a) between a claimant and respondent, notwithstanding that one of them may at the time of the making of the agreement be resident outside the State, and

(b) between a respondent and a person or body in the State where such a person or body has been authorised to enter into such an agreement on behalf of the claimant,

and an application may be made by the Central Authority to the Circuit Court under paragraph (b) of either section for an order making such an agreement a rule of court.

...

C38

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).

...