Family Courts Act 2024

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Number 48 of 2024

FAMILY COURTS ACT 2024

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Power to prescribe additional enactments in definition of family law proceedings

4. Orders and regulations

5. Repeals

6. Amendments of miscellaneous enactments

7. Expenses

PART 2

Guiding Principles

8. Guiding principles

PART 3

Family High Court

9. Establishment and constitution of Family High Court

10. Jurisdiction, proceedings and sittings of Family High Court

11. Functions of Principal Judge of Family High Court

12. Judge of Family High Court may issue orders or directions in family law proceedings

13. Principal Judge of Family High Court may issue practice directions

14. Qualification for assignment as Principal Judge of Family High Court

15. Assignment of Principal Judge of Family High Court

16. Assignment of judge of High Court as judge of Family High Court

17. Family High Court on Circuit

18. Amendment of Act of 1995

PART 4

Family Circuit Court

Chapter 1

Establishment, jurisdiction and proceedings of Family Circuit Court

19. Establishment and constitution of Family Circuit Court

20. Jurisdiction of Family Circuit Court and exercise of jurisdiction by judges of Family Circuit Court

21. Functions of Principal Judge of Family Circuit Court

22. Judge of Family Circuit Court may issue orders or directions in family law proceedings

23. Principal Judge of Family Circuit Court may issue practice directions

24. Proceedings in Family Circuit Court

25. Sittings of Family Circuit Court

Chapter 2

Creation and alteration of Family Circuit Court circuits and assignment of judges to Family Circuit Court

26. Family Circuit Court circuits

27. Qualification for assignment as Principal Judge of Family Circuit Court

28. Assignment of Principal Judge of Family Circuit Court

29. Assignment of judges of Circuit Court to Family Circuit Court

30. Assignment of persons to act temporarily as additional judges of Family Circuit Court

31. Mode of address and precedence of judges: Family Circuit Court

32. Orders which can be made by County Registrar in family law proceedings

33. Amendment of section 38 of Act of 1926

34. Family Circuit Court circuits comprising Irish speaking Family District Court districts

35. Money paid into Family Circuit Court

PART 5

Family District Court

Chapter 1

Establishment, jurisdiction and proceedings of Family District Court

36. Establishment and constitution of Family District Court

37. Jurisdiction of Family District Court and exercise of jurisdiction by judges of Family District Court

38. Amendment of section 79 of Act of 1924

39. Proceedings in Family District Court

40. Sittings of Family District Court

41. Judge of Family District Court may issue orders or directions in family law proceedings

42. Principal Judge of Family District Court may issue practice directions

43. Functions of Principal Judge of Family District Court

Chapter 2

Creation and alteration of Family District Court districts and assignment of judges to Family District Court

44. Family District Court districts

45. Power to create, vary and abolish Family District Court districts for Family District Court

46. Qualification for assignment as Principal Judge of Family District Court

47. Assignment of Principal Judge of Family District Court

48. Assignment of judges to Family District Court

49. Assignment of persons to act temporarily as additional judges of Family District Court

50. Family District Court districts comprising Irish speaking areas

PART 6

Rules of Court in Family Law Proceedings

51. Amendment of Act of 1936 (Rules of Court)

52. Family Courts Practice and Procedure Committee

PART 7

Miscellaneous

53. Precedence between judges

54. References to senior ordinary judge

55. Temporary discharge of duties of certain judges

56. Register of reserved judgments

57. Training and education of judges of Family High Court, Family Circuit Court and Family District Court

58. Amendment of section 3 of Act of 1924

59. Amendment of Act of 1936

60. Amendment of section 2 of Act of 1953

61. Amendment of section 2 of Act of 1961

62. Amendment of section 2 of Act of 1995

63. Amendment of section 45 of Judicial Appointments Commission Act 2023

64. Pending proceedings under certain enactments

65. Exercise of jurisdiction of High Court, Circuit Court and District Court available to judges of Family High Court, Family Circuit Court and Family District Court

PART 8

Jurisdiction

66. Transfer of proceedings from Family High Court to Family Circuit Court or Family District Court

67. Jurisdiction of Family District Court in consent cases

68. Transfer of proceedings from Family District Court to Family Circuit Court

69. Transfer of proceedings from Family Circuit Court to Family District Court

70. Restriction on power to transfer under section 68 or 69

71. Amendment of section 2 of Legitimacy Act 1931

72. Amendment of section 8 of Enforcement of Court Orders Act 1940

73. Amendment of Act of 1964

74. Amendment of section 10 of Act of 1976

75. Amendment of Family Law (Maintenance of Spouses and Children) Act 1976

76. Amendment of section 8 of Family Law Act 1981

77. Amendment of Act of 1987

78. Amendment of Act of 1989

79. Amendment of Child Abduction and Enforcement of Custody Orders Act 1991

80. Amendment of Act of 1991

81. Amendment of Act of 1994

82. Amendment of Family Law Act 1995

83. Amendment of Act of 1996

84. Amendment of Jurisdiction of Courts and Enforcement of Judgments Act 1998

85. Amendment of Act of 2000

86. Amendment of Civil Registration Act 2004

87. Amendment of section 3 of Land and Conveyancing Law Reform Act 2009

88. Amendment of Act of 2010

89. Amendment of Act of 2015

90. Amendment of Act of 2018

91. Amendment of Act of 2024

92. Amendment of Regulations of 2011

93. Amendment of Regulations of 2019

94. Amendment of Regulations of 2022

PART 9

Protection for Parties to Proceedings

95. Definitions (Part 9)

96. Proceedings heard otherwise than in public

97. Prohibition on publication or broadcast of certain matters

98. Limitation on personal cross-examination by applicant or respondent in family law proceedings

99. Amendment of section 28 of Civil Legal Aid Act 1995

PART 10

Transitional Provisions

100. Definitions (Part 10)

101. Continuity and enforcement of administration of justice not affected

102. General transitional provisions

103. Transitional provision for appeals in family law proceedings

104. General transitional provision validating any court orders, etc. made by District Court, Circuit Court or High Court in family law proceedings

SCHEDULE 1

Repeals

SCHEDULE 2

Amendments of Miscellaneous Enactments

Acts Referred to

Adoption Act 2010 (No. 21)

Broadcasting Act 2009 (No. 18)

Child Abduction and Enforcement of Custody Orders Act 1991 (No. 6)

Child Care (Amendment) Act 2022 (No. 21)

Child Care Act 1991 (No. 17)

Children Act 1997 (No. 40)

Children and Family Relationships Act 2015 (No. 9)

Civil Legal Aid Act 1995 (No. 32)

Civil Liability and Courts Act 2004 (No. 31)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)

Civil Registration (Amendment) Act 2014 (No. 34)

Civil Registration Act 2004 (No. 3)

Court Officers Act 1926 (No. 27)

Court Officers Acts 1926 to 2014

Courts (Establishment and Constitution) Act 1961 (No. 38)

Courts (No. 2) Act 1986 (No. 26)

Courts (No. 2) Act 1997 (No. 43)

Courts (Supplemental Provisions) Act 1961 (No. 39)

Courts Act 1971 (No. 36)

Courts Act 1977 (No. 11)

Courts Act 1981 (No. 11)

Courts Act 1991 (No. 20)

Courts and Court Officers Act 1995 (No. 31)

Courts and Court Officers Act 2002 (No. 15)

Courts of Justice Act 1936 (No. 48)

Courts of Justice Act 1953 (No. 32)

Courts Service Act 1998 (No. 8)

Criminal Justice Act 1993 (No. 6)

Defamation Act 2009 (No. 31)

Domestic Violence Act 2018 (No. 6)

Enforcement of Court Orders Act 1940 (No. 23)

Family Home Protection Act 1976 (No. 27)

Family Law (Divorce) Act 1996 (No. 33)

Family Law (Maintenance of Spouses and Children) Act 1976 (No. 11)

Family Law Act 1981 (No. 22)

Family Law Act 1995 (No. 26)

Gender Recognition Act 2015 (No. 25)

Guardianship of Infants Act 1964 (No. 7)

Health (Assisted Human Reproduction) Act 2024 (No. 18)

Health Act 1970 (No. 1)

Interpretation Act 2005 (No. 23)

Judicial Appointments Commission Act 2023 (No. 33)

Judicial Separation and Family Law Reform Act 1989 (No. 6)

Jurisdiction of Courts and Enforcement of Judgments Act 1998 (No. 52)

Land and Conveyancing Law Reform Act 2009 (No. 27)

Legal Services Regulation Act 2015 (No. 65)

Legitimacy Act 1931 (No. 13)

Maintenance Act 1994 (No. 28)

Mediation Act 2017 (No. 27)

Protection of Children (Hague Convention) Act 2000 (No. 37)

Social Welfare Consolidation Act 2005 (No. 26)

Status of Children Act 1987 (No. 26)

The Courts of Justice Act 1924 (No. 10)

Number 48 of 2024

FAMILY COURTS ACT 2024

An Act to provide for the establishment of a Family High Court, Family Circuit Court and Family District Court as divisions of the existing High Court, Circuit Court and District Court; to provide for the reallocation of jurisdiction in family law proceedings between the family courts; to provide for the assignment of Principal Judges and other judges to the family courts; to provide for the establishment of Family Circuit Court circuits and Family District Court districts; to provide for matters supplementary to the establishment of the family courts and matters relating to the judges of those courts; to make provision in relation to the conduct of family law proceedings before such courts; to make further provision in respect of rules of court in family law proceedings and to provide for the establishment of a Family Courts Practice and Procedure Committee; and, for those and other purposes, to amend the Courts of Justice Act 1924 , the Court Officers Act 1926 , the Legitimacy Act 1931 , the Courts of Justice Act 1936 , the Enforcement of Court Orders Act 1940 , the Courts of Justice Act 1953 , the Courts (Establishment and Constitution) Act 1961 , the Courts (Supplemental Provisions) Act 1961 , the Guardianship of Infants Act 1964 , the Family Home Protection Act 1976 , the Family Law (Maintenance of Spouses and Children) Act 1976 , the Courts Act 1981 , the Family Law Act 1981 , the Status of Children Act 1987 , the Judicial Separation and Family Law Reform Act 1989 , the Child Care Act 1991 , the Child Abduction and Enforcement of Custody Orders Act 1991 , the Maintenance Act 1994 , the Family Law Act 1995 , the Civil Legal Aid Act 1995 , the Family Law (Divorce) Act 1996 , the Jurisdiction of Courts and Enforcement of Judgments Act 1998 , the Protection of Children (Hague Convention) Act 2000 , the Courts and Court Officers Act 1995 , the Courts (No. 2) Act 1997 , the Courts and Court Officers Act 2002 , the Civil Registration Act 2004 , the Social Welfare Consolidation Act 2005 , the Land and Conveyancing Law Reform Act 2009 , the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 , the Adoption Act 2010 , the European Communities (Maintenance) Regulations 2011 ( S.I. No. 274 of 2011 ), the Children and Family Relationships Act 2015 , the Gender Recognition Act 2015 , the Domestic Violence Act 2018 , the Judicial Appointments Commission Act 2023 , the Health (Assisted Human Reproduction) Act 2024 , the European Union (Hague Maintenance Convention) Regulations 2019 ( S.I. No. 594 of 2019 ), the European Communities (Decisions in Matrimonial Matters and in Matters of Parental Responsibility and International Child Abduction) Regulations 2022 ( S.I. No. 400 of 2022 ) and certain other enactments; to provide for the protection of parties in family law proceedings; to provide for the repeal of certain enactments; and to provide for related matters.

[13th November, 2024]

Be it enacted by the Oireachtas as follows: