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6 1989

JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989

PART III

Court Jurisdiction

Definition ( Part III ).

30. —In this Part “family law proceedings”, in relation to a court, means proceedings before a court of competent jurisdiction under—

(a) this Act,

(b) the Adoption Acts, 1952 to 1988,

(c) the Family Home Protection Act, 1976 ,

(d) the Family Law (Maintenance of Spouses and Children) Act, 1976 ,

(e) the Family Law (Protection of Spouses and Children) Act, 1981 ,

(f) the Family Law Act, 1981 ,

(g) the Guardianship of Infants Act, 1964 ,

(h) the Legitimacy Declaration Act (Ireland), 1868,

(i) The Married Women's Status Act, 1957 , or

(j) the Status of Children Act, 1987 ,

or between spouses under the Partition Act, 1868, and the Partition Act, 1876, where the fact that they are married to each other is of relevance to the proceedings.

Courts, jurisdiction and venue.

31. —(1) The Circuit Court shall be known as “the Circuit Family Court” when exercising its jurisdiction to hear and determine family law proceedings or, where provided for, when transferring family law proceedings to the High Court.

(2) Subject to the other provisions of this section, the Circuit Family Court shall, concurrently with the High Court, have jurisdiction to hear and determine proceedings under this Act for a decree of judicial separation.

(3) Where in proceedings under this Act for a decree of judicial separation an order could be made in respect of land whose rateable valuation exceeds £200 and an application commencing those proceedings is made to the Circuit Family Court, that Court shall, if the respondent so requires before the hearing thereof, transfer those proceedings to the High Court, but any order made (including an interim order) or act done in the course of those proceedings before such transfer shall be valid unless discharged or varied by order of the High Court.

(4) The jurisdiction referred to in subsection (2) of this section shall only be exercisable where either of the spouses is domiciled in the State on the date of the application commencing proceedings or is ordinarily resident in the State throughout the period of one year ending on that date.

(5) The jurisdiction referred to in subsection (2) of this section shall, in the Circuit Family Court, be exercised by the judge of the circuit where either spouse to the proceedings ordinarily resides or carries on any profession, business or occupation.

Hearing of proceedings.

32. —The Circuit Family Court shall sit to hear and determine proceedings instituted under this Act and under the Acts referred to in section 30 of this Act in a different place or at different times or on different days from those on which the ordinary sittings of the Circuit Court are held.

Conduct of family proceedings in Circuit and High Courts.

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.

Privacy.

34. —Proceedings under this Act shall be heard otherwise than in public.

Costs.

35. —The costs of any proceedings under this Act shall be at the discretion of the court.

Rules of court.

36. —(1) Rules of court shall provide for the documentation required for the commencement of proceedings under this Act in a summary manner.

(2) The rules of court, and any established form or course of pleading, practice or procedure, for the purposes of any enactment or jurisdiction affected by this Act shall, pending the due making of rules of court, apply for such purposes with such adaptations as may be necessary.