(a) ensuring, in so far as possible, a consistent approach to practice and procedure among the Family Courts, and (b) considering relevant matters related to the functions of the Courts Service under section 5 of the Courts Service Act 1998 in relation to the Family Courts.
\nMiscellaneous Precedence between judges 53. Section 9 of the Act of 1924 is amended— (a) by the insertion of the following paragraph after paragraph (h): “(ha) next shall rank the Principal Judge of the Family High Court;”, (b) in paragraph (k), by the substitution of “Circuit Court;” for “Circuit Court.”, and (c) by the insertion of the following paragraph after paragraph (k): “(ka) then shall rank the Principal Judge of the Family Circuit Court.”.
\nReferences to senior ordinary judge 54.
\n(c) of the Courts (No. 2) Act 1997 is amended by the substitution of “paragraphs (g), (ha) and (i)” for “paragraph (g) and (i)”.
\nTemporary discharge of duties of certain judges 55.
\nof the Courts Act 1981 is amended— (a) by the insertion of the following subsection after subsection (2): “(2A) If, during any period, the Principal Judge of the Family High Court is unable to act or the office of the Principal Judge of the Family High Court is vacant then, during that period, all powers, authorities and functions for the time being vested in him or her by virtue of his or her office— (a) shall be exercised or performed by the President of the High Court, or (b) where the President of the High Court so determines, shall be exercised by the senior judge for the time being available of the judges of the Family High Court.”, (b) by the insertion of the following subsection after subsection (3): “(3A) If, during any period, the Principal Judge of the Family Circuit Court is unable to act or the office of the Principal Judge of the Family Circuit Court is vacant then, during that period, all powers, authorities and functions for the time being vested in him or her by virtue of his or her office— (a) shall be exercised or performed by the President of the Circuit Court, or (b) where the President of the Circuit Court so determines, shall be exercised by the senior judge for the time being available of the judges of the Family Circuit Court.”, and (c) by the insertion of the following subsection after subsection (4): “(4A) If, during any period, the Principal Judge of the Family District Court is unable to act or the office of the Principal Judge of the Family District Court is vacant then, during that period, all powers, authorities and functions for the time being vested in him or her by virtue of his or her office— (a) shall be exercised or performed by the President of the District Court, or (b) where the President of the District Court so determines, shall be exercised by the senior judge of the Family District Court for the time being available of the judges of the Family District Court.”.
\nRegister of reserved judgments 56.
\nof the Courts and Court Officers Act 2002 is amended— (a) in subsection (3), by the substitution of “the President of the Court or, in respect of the Family High Court, the Family Circuit Court or the Family District Court, the Principal Judge of that Court,” for “the President of the Court”, and (b) in subsection (3A)— (i) by the substitution of “the President or Principal Judge, as the case may be,”, for “the President”, and (ii) by the substitution of “that President or Principal Judge, as the case may be,” for “that President”.
\nTraining and education of judges of Family High Court, Family Circuit Court and Family District Court 57. A judge of the Family High Court, the Family Circuit Court or the Family District Court shall take such course or courses of training or education, or both, as may be required by the Principal Judge of that Court, in consultation with the President of that Court and the Chief Justice, at such time or times as the Principal Judge may specify.
\nAmendment of section 3 of Act of 1924 58. Section 3 of the Act of 1924 is amended by the insertion of the following definitions: “ ‘Act of 2024’ means the Family Courts Act 2024; ‘family law proceedings’ has the same meaning as it has in section 2 of the Act of 2024;”.
\nAmendment of Act of 1936 59. The Act of 1936 is amended by the insertion of the following section after section 2: “Definitions 2A. In this Act— ‘Act of 2024’ means the Family Courts Act 2024; ‘family law proceedings’ has the same meaning as it has in section 2 of the Act of 2024.”.
\nAmendment of section 2 of Act of 1953 60. Section 2 of the Act of 1953 is amended by the insertion of the following definitions: “ ‘Act of 2024’ means the Family Courts Act 2024; ‘family law proceedings’ has the same meaning as it has in section 2 of the Act of 2024;”.
\nAmendment of section 2 of Act of 1961 61. Section 2 of the Act of 1961 is amended by the insertion of the following definitions: “ ‘Act of 2024’ means the Family Courts Act 2024; ‘family law proceedings’ has the same meaning as it has in section 2 of the Act of 2024;”.
\nAmendment of section 2 of Act of 1995 62. Section 2 of the Act of 1995 is amended by the insertion of the following definitions: “ ‘Act of 2024’ means the Family Courts Act 2024; ‘family law proceedings’ has the same meaning as it has in section 2 of the Act of 2024;”.
\nAmendment of section 45 of Judicial Appointments Commission Act 2023 63.
\nPending proceedings under certain enactments 64. Where family law proceedings under the Act of 1989, the Family Law Act 1995 , the Act of 1996 or the Act of 2010 (regardless of whether such proceedings were initiated before, on or after the date of coming into operation of this section) are pending before the Family Circuit Court or the Family High Court but have not yet been heard by that Court, the Family District Court may sit to hear and determine other family law proceedings involving the same parties or relating to the same children who are the subject of such proceedings where the Family District Court is satisfied, in the circumstances of the case and in the interests of justice, that it is necessary to hear the other proceedings prior to the proceedings which are before the Family Circuit Court or the Family High Court being heard.
\nExercise of jurisdiction of High Court, Circuit Court and District Court available to judges of Family High Court, Family Circuit Court and Family District Court 65. A judge of the Family High Court, the Family Circuit Court or the Family District Court shall retain all of the powers of an ordinary judge of the High Court, an ordinary judge of the Circuit Court or an ordinary judge of the District Court, as the case may be, under any enactment or rule of law while assigned as a judge to the Family High Court, the Family Circuit Court or the Family District Court.
\nJurisdiction Transfer of proceedings from Family High Court to Family Circuit Court or Family District Court 66. Notwithstanding section 25 of the Act of 1924, where proceedings are initiated in, or transferred under Part 10 to, the Family High Court on and after the coming into operation of this section and the court is satisfied that the Family District Court or the Family Circuit Court, as the case may be, is the more appropriate court in the circumstances of the case, it may— (a) transfer the proceedings to the Family Circuit Court or the Family District Court, and (b) make an order— (i) as to costs as it considers appropriate, or (ii) that the costs shall be determined by the court to which the proceedings are transferred.
\nJurisdiction of Family District Court in consent cases 67. Notwithstanding any enactment providing for the monetary limit of the jurisdiction of the Family District Court in family law proceedings, such proceedings may be determined by the Family District Court without limit as to monetary jurisdiction by a judge of the Family District Court where the judge is satisfied that the parties have— (a) reached agreement on the matters which are the subject of the proceedings, and (b) consented to the proceedings being determined by the Family District Court.
\nTransfer of proceedings from Family District Court to Family Circuit Court 68. Notwithstanding section 22(8)(b) of the Act of 1961 and subject to section 69 , on and after the coming into operation of this section, the judge of the Family District Court before whom family law proceedings are pending, or to whom proceedings are transferred under Part 10, where he or she considers that there are special circumstances in the proceedings that would make it appropriate for such proceedings to be heard by the Family Circuit Court, may of his or her own motion send forward the proceedings to the Family Circuit Court upon such terms and subject to such conditions as to costs (including the imposition of costs on the party that initiated the proceedings) or otherwise as may appear to him or her to be just and an appeal shall lie under section 84 of the Act of 1924, as applied by section 48 of the Act of 1961, from the decision of the judge to so send forward.
\nTransfer of proceedings from Family Circuit Court to Family District Court 69. (1) Notwithstanding section 15 of the Courts Act 1991 and subject to subsection (4) and sections 67 and 70 , on and after the coming into operation of this section, a judge of the Family Circuit Court before whom family law proceedings are pending, or to whom proceedings are transferred under Part 10, may of his or her own motion remit or transfer the proceedings to the Family District Court if he or she considers the Family District Court to be the more appropriate Court in the circumstances of the case, or that the proceedings should not have been commenced in the Family Circuit Court but in the Family District Court if at all, upon such terms, and subject to such conditions as to costs (including the imposition of costs on the party that initiated the proceedings) or otherwise, as may appear to him or her to be just.
\nRestriction on power to transfer under section 68 or 69 70. Where a judge of the Family District Court or the Family Circuit Court has granted a decree of judicial separation, divorce or dissolution of a civil partnership, a judge of either court shall not transfer proceedings under section 68 or 69 between the parties in relation to orders made under Part II of the Family Law Act 1995 , Part III of the Act of 1996 or Part 12 of the Act of 2010, as the case may be.
\nAmendment of section 2 of Legitimacy Act 1931 71.
\nof the Legitimacy Act 1931 is amended— (a) in subsection (2), by the substitution of “Family Circuit Court” for “Circuit Court”, and (b) in subsection (3)— (i) by the substitution of “Family Circuit Court” for “Circuit Court”, and (ii) by the substitution of “to the Family Circuit Court circuit” for “to the Circuit” in both places where it occurs.
\nAmendment of section 8 of Enforcement of Court Orders Act 1940 72.
\nof the Enforcement of Court Orders Act 1940 is amended— (a) in subsection (1), by the substitution of “before the Family District Court” for “before the District Court”, (b) in subsection (2), by the substitution of “judge of the Family District Court” for “District Court Judge”, (c) in subsection (3), by the substitution of “judge of the Family District Court” for “District Court Judge”, and (d) in subsection (5), by the substitution of “Family District Court district” for “District Court area”.
\nAmendment of Act of 1964 73. The Act of 1964 is amended— (a) in section 5— (i) in subsection (1), by the substitution of “Family Circuit Court or the Family District Court” for “Circuit Court or the District Court”, and (ii) by the substitution of the following subsection for subsection (2): “(2) Subject to section 67 of the Family Courts Act 2024, the Family District Court and the Family Circuit Court, on appeal from the Family 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 €500 per week towards the maintenance of a child or a lump sum order greater than €50,000 for the benefit of a child.”, (b) in section 6BA(3) (inserted by section 227(c) of the Act of 2024), by the substitution of “Family Circuit Court” for “Circuit Court”, (c) in section 6BB(3) (inserted by section 227(c) of the Act of 2024), by the substitution of “Family Circuit Court” for “Circuit Court”, (d) in section 13, by the substitution of the following definition for the definition of “the court”: “ ‘the court’ means the Family Circuit Court or the Family District Court;”, (e) in section 26, by the substitution of “Family District Court” for “District Court”, and (f) in section 30— (i) in subsection (1), by the substitution of “Family Circuit Court or the Family District Court” for “Circuit Court or the District Court”, and (ii) by the deletion of subsection (2).
\nAmendment of section 10 of Act of 1976 74. Section 10 of the Act of 1976 is amended— (a) by the deletion of subsection (1), (b) by the substitution of the following subsection for subsection (2): “(2) Subject to the provisions of this section, the Family District Court, the Family Circuit Court and the Family High Court shall concurrently have jurisdiction to hear and determine proceedings under this Act.”, (c) by the deletion of subsection (3), (d) by the substitution of the following subsection for subsection (4): “(4) Subject to section 67 of the Family Courts Act 2024 and subsection (4B), the Family District Court shall not have jurisdiction in proceedings under this Act where the market value of any land to which the proceedings relate exceeds €1 million.”, (e) by the insertion of the following subsections after subsection (4): “(4A) Subject to section 67 of the Family Courts Act 2024 and subsection (4B), where proceedings are brought in the Family District Court and the court is of the view, on the basis of the evidence before it, that the market value of the land to which the proceedings relate exceeds €1 million, the court shall transfer the proceedings to the Family Circuit Court, but any order made or act done in the course of such proceedings before such transfer shall be valid unless discharged or varied by order of the Family Circuit Court. (4B) The Minister for Justice may by order increase the amount referred to in subsections (4) and (4A) up to a maximum amount of €2 million where he or she considers it appropriate to do so having regard to— (a) changes in the market value of land, (b) the need to minimise the costs of proceedings, and (c) the guiding principles in section 8 of the Family Courts Act 2024. (4C) Every order made by the Minister for Justice under subsection (4B) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”, (f) in subsection (5)(b), by the substitution of “€50,000” for “€15,000”, and (g) by the deletion of subsection (7).
\nAmendment of Family Law (Maintenance of Spouses and Children) Act 1976 75. The Family Law (Maintenance of Spouses and Children) Act 1976 is amended— (a) in section 8(b), by the substitution of “Family High Court, the Family Circuit Court or the Family District Court” for “High Court or the Circuit Court or, in relation to an agreement other than a separation agreement, the District Court”, (b) in section 8A(b), by the substitution of “Family High Court, the Family Circuit Court or the Family District Court” for “High Court or the Circuit Court or, in relation to an agreement other than a separation agreement, the District Court”, (c) in section 8B(1), by the substitution of “Family High Court, the Family Circuit Court or the Family District Court” for “High Court or the Circuit Court”, (d) in section 9(6), by the substitution of “Family District Court district” for “District Court district”, (e) in section 9A— (i) in subsection (2), by the substitution of “Family District Court” for “District Court”, (ii) in subsection (3)— (I) by the substitution of “made by the Family District Court” for “made by the District Court”, and (II) by the substitution of “before the Family District Court” for “before the District Court”, (iii) in subsection (4)— (I) in paragraph (c), by the substitution of “Family District Court” for “District Court”, and (II) in paragraph (d), by the substitution of “Family District Court” for “District Court”, (iv) in subsection (5), by the substitution of “Family District Court” for “District Court”, (v) in subsection (6), by the substitution of “Family District Court” for “District Court”, (vi) in subsection (7), by the substitution of “Family District Court” for “District Court” in both places where it occurs, (vii) in subsection (9)(b), by the substitution of “Family District Court” for “District Court”, and (viii) in subsection (13), by the substitution of “Family District Court” for “the District Court”, (f) in section 10(1)— (i) in paragraph (a)(i), by the substitution of “Family High Court” for “High Court” in both places where it occurs, (ii) in paragraph (a)(ii), by the substitution of “Family Circuit Court” for “Circuit Court” in both places where it occurs, and (iii) in paragraph (a)(iii), by the substitution of “the Family District Court” for “the District Court” in both places where it occurs, (g) in section 23— (i) in subsection (1), by the substitution of “Family Circuit Court and the Family District Court” for “Circuit Court and the District Court”, and
\n(ii) in subsection (2)— (I) by the substitution of the following paragraph for paragraph (a): “(a) Subject to section 67 of the Family Courts Act 2024, the Family District Court and the Family Circuit Court, on appeal from the Family 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 €1,500 per week for the support of a spouse or €500 per week for the support of a child.”, (II) in paragraph (b)— (A) by the substitution of “Family District Court or the Family Circuit Court” for “District Court or the Circuit Court”, and (B) by the substitution of “Family High Court” for “High Court”, (III) in paragraph (c)— (A) by the substitution of “Family District Court” for “District Court” in both places where it occurs, and (B) by the substitution of “Family Circuit Court” for “Circuit Court”, and (IV) in paragraph (d)— (A) by the substitution of “Family District Court” for “District Court” in both places where it occurs, and (B) by the substitution of “Family Circuit Court” for “Circuit Court”, and (h) in section 25, by the deletion of subsection (2).
\nAmendment of section 8 of Family Law Act 1981 76. The Family Law Act 1981 is amended by the substitution of the following section for section 8 : “Jurisdiction (sections 6 and 7) 8. (1) Subject to subsection (2), the Family District Court, the Family Circuit Court and the Family High Court shall concurrently have jurisdiction to hear and determine proceedings under section 6 or 7.
\nAmendment of Act of 1987 77. The Act of 1987 is amended— (a) in section 33, in the definition of “the Court”, by the substitution of “Family Circuit Court” for “Circuit Court”, and (b) in section 34, by the substitution of the following subsection for subsection (2): “(2) (a) The jurisdiction conferred on the Court by this section shall be exercised by— (i) a judge of the Family Circuit Court for the time being assigned to the Family Circuit Court circuit in which a party to the proceedings ordinarily resides or carries on any profession, business or occupation, or (ii) where no party to the proceedings ordinarily resides or carries on any profession, business or occupation in the State, by a judge assigned to the Dublin Family Circuit Court circuit.”.
\nAmendment of Act of 1989 78. The Act of 1989 is amended— (a) in section 2— (i) by the insertion of the following subsection after subsection (1): “(1A) A joint application by both spouses for a decree of judicial separation from one another may be made to the court having jurisdiction to hear and determine proceedings under Part III of this Act on one or both of the following grounds: (a) subject to subsection (2), that the spouses have lived apart from one another for a continuous period of at least one year immediately preceding the date of the application; (b) that the marriage has broken down to the extent that the court is satisfied in all the circumstances that a normal marital relationship has not existed between the spouses for a period of at least one year immediately preceding the date of the application.”, and (ii) in subsection (2)— (I) by the substitution of “subsection (1) or (1A)” for “subsection (1)”, (II) in paragraph (a), by the substitution of “subsection (1)” for “that subsection”, and (III) in paragraph (b), by the substitution of “paragraph (d) of subsection (1) or paragraph (a) of subsection (1A)” for “paragraph (d) of that subsection”, (b) in section 3(1), by the substitution of “the applicant or, in the case of a joint application, any of the grounds referred to in subsection (1A) of that section which have been relied on by the applicants,” for “the applicant”, (c) by the insertion of the following section after section 5: “Safeguards to ensure awareness of alternatives to separation proceedings where application made jointly by both spouses and to assist attempts at reconciliation 5A. In the case of a joint application referred to in section 2(1A), the requirements imposed on a solicitor for the applicant under section 5 shall apply to the solicitor for each applicant.”, (d) in section 8(2), by the substitution of “the applicant and the respondent or, in the case of a joint application referred to in section 2(1A), the applicants,” for “the applicant and the respondent” in both places where it occurs, (e) by the deletion of section 30, (f) in section 31— (i) by the deletion of subsection (1), (ii) in subsection (2), by the substitution of “the Family District Court, the Family Circuit Court and the Family High Court shall concurrently have” for “the Circuit Family Court shall, concurrently with the High Court, have”, (iii) by the substitution of the following subsection for subsection (3): “(3) Subject to section 67 of the Family Courts Act 2024 and subsection (3B), the Family District Court shall not have jurisdiction in proceedings under this Act for a decree of judicial separation where the market value of any land to which the proceedings relate exceeds €1 million.”,
\n(iv) by the insertion of the following subsections after subsection (3): “(3A) Subject to section 67 of the Family Courts Act 2024 and subsection (3B), where proceedings are brought in the Family District Court under this Act for a decree of judicial separation and the court is of the view, on the basis of the evidence before it, that the market value of the land to which the proceedings relate exceeds €1 million, the court shall transfer the proceedings to the Family Circuit Court, but any order made (including an interim order) or act done in the course of such proceedings before such transfer shall be valid unless discharged or varied by order of the Family Circuit Court. (3B) The Minister for Justice may by order increase the amount referred to in subsections (3) and (3A) up to a maximum amount of €2 million where he or she considers it appropriate to do so having regard to— (a) changes in the market value of land, (b) the need to minimise the costs of proceedings, and (c) the guiding principles in section 8 of the Family Courts Act 2024. (3C) Every order made by the Minister for Justice under subsection (3B) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”, and (v) in subsection (5), by the substitution of “shall be exercised by the judge of the Family Circuit Court circuit or Family District Court district” for “shall, in the Circuit Family Court, be exercised by the judge of the circuit”, (g) by the deletion of sections 32 and 33, (h) in section 44(1), by the substitution of “the applicant or, in the case of a joint application referred to in section 2(1A), the applicants” for “the applicant”, and (i) by the deletion of section 45.
\nAmendment of Child Abduction and Enforcement of Custody Orders Act 1991 79. The Child Abduction and Enforcement of Custody Orders Act 1991 is amended— (a) in section 2, in the definition of “the Court”, by the substitution of “Family High Court” for “High Court”, and (b) in section 37— (i) by the substitution of the following subsection for subsection (5): “(5) Where a child is delivered into the care of the Child and Family Agency under subsection (2)(c) of this section, the Child and Family Agency shall apply— (a) at the next sitting of the Family District Court, (b) in circumstances of urgency where no judge of the Family District Court is available to hear the application, at the next sitting of the District Court, or (c) in the event that the next sitting of the Family District Court is not due to be held within 3 days of the date on which the child is delivered into the care of the Child and Family Agency, at a specially arranged sitting of the Family District Court held within the said 3 days, for directions as to the child’s release from such care or otherwise in relation to the child’s care and the Family District Court or the District Court, as the case may be, may make such order as it thinks proper in the circumstances regarding custody of and, where appropriate, access to, the child, taking into account any order referred to in subsection (1) of this section relating to the child and without prejudice to proceedings that may be pending or any application that is about to be made for one of those orders in relation to the child.”, (ii) in subsection (6), by the substitution of “Family District Court” for “District Court”, and (iii) by the substitution of the following subsection for subsection (7): “(7) The jurisdiction of the Family District Court in respect of proceedings under subsection (5) of this section may be exercised by the judge of the Family District Court for the time being assigned to the Family District Court district where the child resides or was at a material time residing and where a judge for the Family District Court district in which the proceedings are brought is not immediately available, an order may be made by any judge of the Family District Court.”.
\nAmendment of Act of 1991 80. The Act of 1991 is amended— (a) in section 2, by the insertion of the following subsection after subsection (1D): “(1E) A reference in this Act to a justice shall, where the context so admits, include a reference to a judge of the Family Circuit Court.”, (b) in section 12, by the substitution of the following subsection for subsection (4): “(4) Where a child is delivered up to the custody of the Child and Family Agency in accordance with subsection (3), the Agency shall, unless it returns the child to the parent having custody of him or her or a person acting in loco parentis or an order referred to in section 35 has been made in respect of the child, make an application for an emergency care order— (a) at the next sitting of the Family District Court held in the same Family District Court district, (b) in circumstances of urgency where no judge of the Family District Court is available to hear the application, at the next sitting of the District Court held in the same district court district, or (c) in the event that the next sitting of the Family District Court or District Court is not due to be held within 3 days of the date on which the child is delivered up to the custody of the Agency, at a sitting of the Family District Court or District Court which has been specially arranged under section 13(4), held within the said 3 days, and it shall be lawful for the Agency to retain custody of the child pending the hearing of that application.”, (c) in section 13— (i) in subsection (1), by the substitution of “Family District Court or the District Court” for “District Court”, (ii) by the substitution of the following subsection for subsection (4): “(4) The following provisions shall have effect in relation to the making of emergency care orders— (a) any such order shall, subject to paragraph (b), be made by the judge for the Family District Court district or the judge for the district court district in which the child resides or is for the time being; (b) where a judge for the Family District Court district or a judge for the district court district in which the child resides or is for the time being is not immediately available, an order may be made by any judge of the Family District Court or the District Court; (c) an application for any such order may, if the judge is satisfied that the urgency of the matter so requires, be made ex parte; (d) an application for any such order may, if the judge is satisfied that the urgency of the matter so requires, be heard and an order made thereon elsewhere than at a sitting of the Family District Court or a public sitting of the District Court.”,
\n(d) in section 17(1), by the substitution of “Family District Court or the Family Circuit Court” for “District Court”, (e) in section 18(10), by the substitution of “Family District Court or the Family Circuit Court” for “District Court”, (f) in section 19(9), by the substitution of “Family District Court or the Family Circuit Court” for “District Court”, (g) in section 23— (i) in paragraph (b), by the substitution of “judge of the Family District Court for the time being assigned to the Family District Court district or a judge of the Family Circuit Court for the time being assigned to the Family Circuit Court circuit” for “justice of the District Court for the time being assigned to the district court district”, and (ii) in paragraph (c), by the substitution of “judge of the Family District Court for the time being assigned to the Family District Court district or a judge of the Family Circuit Court for the time being assigned to the Family Circuit Court circuit” for “justice of the District Court for the time being assigned to the district court district”, (h) in Part IVA, by the substitution of “Family High Court” for “High Court” in each place where it occurs, (i) by the substitution of the following section for section 23U: “23U. If the Child and Family Agency believes— (a) that a person who is arranging or undertaking a private foster care arrangement has not notified it under section 23P, or (b) that such a person is not taking all reasonable measures to safeguard the health, safety and welfare of the child concerned, it may apply— (i) to the Family District Court or the District Court for one of the following orders: (I) that the child be taken into the care of the Child and Family Agency under section 13; (II) that the arrangement be terminated and the child returned to his or her parents or guardian, or (ii) to the Family District Court or the Family Circuit Court for one of the following orders: (I) that a supervision order under section 19 be made in respect of the child, (II) that the child be taken into the care of the Child and Family Agency under section 17 or 18, or (III) that the arrangement be terminated and the child returned to his or her parents or guardian, and the Court may order accordingly.”, (j) in section 23V, by the substitution of the following subsection for subsection (3): “(3) If the Child and Family Agency believes that a person who is arranging or undertaking a private foster care arrangement is doing so in contravention of subsection (1) or (2), it may apply—
\n(a) to the Family District Court or the District Court for an order either— (i) that the child be taken into its care under section 13, or (ii) that the arrangement be terminated and the child returned to his or her parents or guardian, or (b) to the Family District Court or the Family Circuit Court for an order either— (i) that the child be taken into its care under section 17 or 18, or (ii) that the arrangement be terminated and the child returned to his or her parents or guardian, and the Court may order accordingly.”, (k) in section 23W(2), by the substitution of “Family District Court” for “District Court”, (l) in section 24 (amended by section 4 of the Child Care (Amendment) Act 2022 ), by the substitution of “Family High Court” for “High Court”, (m) in section 24A (inserted by section 5 of the Child Care (Amendment) Act 2022 ), by the substitution of “Family High Court” for “High Court”, (n) in section 25(6), by the substitution of “Family High Court” for “High Court”, (o) in section 26(5), by the substitution of “Family High Court” for “High Court”, (p) in section 27(7) (inserted by section 8 (d) of the Child Care (Amendment) Act 2022 ), by the substitution of “Family High Court” for “High Court”, (q) in section 28— (i) by the substitution of the following subsection for subsection (1): “(1) (a) The Family District Court and the District Court shall have jurisdiction to hear and determine proceedings under Part III. (b) The Family District Court shall concurrently with the Family Circuit Court have jurisdiction to hear and determine proceedings under Part IV or VI. (c) The Family Circuit Court shall have jurisdiction to hear and determine appeals— (i) in proceedings under Part III, from the Family District Court and the District Court, and (ii) in proceedings under Part IV or VI, from the Family District Court.”, (ii) by the insertion of the following subsection after subsection (1): “(1A) The Family District Court and the Family Circuit Court, on appeal from the Family District Court, shall have jurisdiction to hear and determine summary proceedings for an offence under section 23NP or 23W.”, (iii) by the substitution of the following subsection for subsection (2): “(2) (a) Subject to section 13(4), proceedings under Part III may be brought, heard and determined before and by a judge of the Family District Court or the District Court for the time being assigned to the Family District Court district or district court district, as the case may be, where the child resides or is for the time being.
\n(b) Proceedings under Part IV or VI may be brought, heard and determined before and by a judge of the Family District Court or the Family Circuit Court for the time being assigned to the Family District Court district or Family Circuit Court circuit, as the case may be, where the child resides, has resided or is proposed to reside or is for the time being.”, (iv) by the insertion of the following subsections after subsection (2): “(2A) Notwithstanding subsection (2), where, on the application of a party to the proceedings or of his or her own motion, the judge to whom the originating application in the proceedings was made decides that it would be in the best interests of a child whose welfare is the subject of the proceedings, or otherwise appropriate to do so in a specific case, that jurisdiction may be exercised by a judge of another Family District Court district or Family Circuit Court circuit with which the child, or another party to the proceedings, has a connection. (2B) Summary proceedings for an offence under section 23NP may be brought, heard and determined before and by a judge of the Family District Court for the time being assigned to the Family District Court district where the child resides, has resided or is proposed to reside or is for the time being.”, (v) in subsection (3), by the substitution of “Family High Court” for “High Court”, and (vi) in subsection (4), by the substitution of “The Family District Court concurrently with the Family Circuit Court and the Family Circuit Court on appeal from the Family District Court” for “The District Court, and the Circuit Court on appeal from the District Court”, (r) in section 29, by the deletion of subsections (2) to (4), (s) in section 30(3), by the substitution of “Family High Court” for “High Court”, (t) in section 31(5A), by the substitution of “Family High Court” for “High Court”, (u) in section 32, by the substitution of “Family High Court” for “High Court” in both places where it occurs, (v) in section 34(1), by the substitution of “Family District Court or the District Court has made an order under Part III or the Family District Court or the Family Circuit Court has made an order under Part IV” for “District Court has made an order under Part III or IV”, (w) in section 35A(2) (inserted by section 7 of the Child Care (Amendment) Act 2022 )— (i) by the substitution of “Family District Court” for “District Court” in both places where it occurs, (ii) by the substitution of “Family Circuit Court” for “Circuit Court”, and
\n(iii) by the substitution of “Family High Court” for “High Court”, (x) in section 35B (inserted by section 7 of the Child Care (Amendment) Act 2022 )— (i) in subsection (2), by the substitution of “Family High Court” for “High Court”, (ii) in subsection (3), by the substitution of “Family District Court or the Family Circuit Court” for “District Court”, and (iii) in subsection (4), by the substitution of “Family District Court or the Family Circuit Court” for “District Court”, (y) in section 35H (inserted by section 7 of the Child Care (Amendment) Act 2022 )— (i) in subsection (1), by the substitution of “Family High Court” for “High Court” in each place where it occurs, (ii) in subsection (2), by the substitution of “Family District Court or the Family Circuit Court” for “District Court” in each place where it occurs, (iii) in subsection (6), by the substitution of “Family High Court” for “High Court”, and (iv) in subsection (7), by the substitution of “Family High Court” for “High Court”, (z) in section 37(5), by the substitution of “Family High Court” for “High Court”, (aa) in section 43— (i) in subsection (2), by the substitution of “Family District Court or the Family Circuit Court” for “District Court”, and (ii) in subsection (3), by the substitution of “Family District Court or the Family Circuit Court” for “District Court”, (ab) in section 46— (i) in subsection (3), by the substitution of “Family District Court or the Family Circuit Court” for “District Court”, (ii) in subsection (4), by the substitution of “Family District Court or the Family Circuit Court” for “District Court”, (iii) in subsection (6), by the substitution of “Family District Court or the Family Circuit Court” for “District Court”, (iv) in subsection (8), by the substitution of “Family District Court or the Family Circuit Court” for “District Court”, and (v) in subsection (9)— (I) in paragraph (a), by the substitution of “Family District Court for the time being assigned to the Family District Court district or a judge of the Family Circuit Court for the time being assigned to the Family Circuit Court circuit” for “District Court for the time being assigned to the district court district”, (II) in paragraph (b), by the substitution of “Family District Court district or the Family Circuit Court circuit” for “district”, and (III) by the substitution of “of the Family District Court or the Family Circuit Court” for “of the District Court”, and (ac) in section 47, by the substitution of “Family District Court or the Family Circuit Court” for “District Court”.
\nAmendment of Act of 1994 81. The Act of 1994 is amended— (a) in section 14— (i) in subsection (1)— (I) in paragraph (b), by the substitution of “Family District Court” for “District Court”, and (II) in paragraph (c)— (A) by the substitution of “Family District Court” for “District Court” in both places where it occurs, and (B) by the substitution of “Family Circuit Court” for “Circuit Court”, (ii) in subsection (2), by the substitution of “Family District Court” for “District Court” in both places where it occurs, (iii) in subsection (7)— (I) by the substitution of “Family Circuit Court circuit” for “circuit” in both places where it occurs, and (II) by the substitution of “Family District Court district” for “district court district” in both place where it occurs, (iv) in subsection (10), by the substitution of “Family Circuit Court” for “Circuit Court”, and (v) in subsection (11)— (I) in paragraph (a), by the substitution of “Family Circuit Court, by the judge of the Family Circuit Court circuit” for “Circuit Court, by the judge of the circuit”, and (II) in paragraph (b), by the substitution of “Family District Court, by the judge of the Family District Court assigned to the Family District Court district” for “District Court, by the judge of the District Court assigned to the district court district”, (b) in section 15(2)— (i) in paragraph (a), by the substitution of “Family District Court” for “District Court”, and (ii) in paragraph (c), by the substitution of “Family District Court by this subsection may be exercised by the judge of the Family District Court assigned to the Family District Court district” for “District Court by this subsection may be exercised by the judge of the District Court assigned to the district court district”, (c) in section 19— (i) in subsection (2), by the substitution of “Family District Court” for “District Court”, (ii) in subsection (6), by the substitution of “Family District Court” for “District Court”, (iii) in subsection (7), by the substitution of “Family District Court” for “District Court”, and (iv) in subsection (9)(a), by the substitution of “Family District Court” for “District Court”, and (d) in section 20— (i) in subsection (2), by the substitution of “Family District Court” for “District Court”, and (ii) in subsection (3), by the substitution of “Family District Court by subsection (2) may be exercised by the judge of the Family District Court for the time being assigned to the Family District Court district” for “District Court by subsection (2) may be exercised by the judge of the District Court for the time being assigned to the district court district”.
\nAmendment of Family Law Act 1995 82. The Family Law Act 1995 is amended— (a) by the insertion of the following section after section 5: “Joint application for ancillary orders 5A. In proceedings for a grant of a decree of judicial separation following the making of a joint application for such a decree after the coming into operation of section 2(1A) (inserted by section 78 of the Family Courts Act 2024) of the Act of 1989, the applicants may apply jointly in the proceedings concerned for any order referred to in this Part and such order may be made by the court under this Part before, on or after the grant of the decree of judicial separation.”, (b) in section 38— (i) by the substitution of the following subsection for subsection (1): “(1) Subject to the provisions of this section, the Family District Court (other than in respect of proceedings under Part IV), the Family Circuit Court and the Family High Court shall concurrently have jurisdiction to hear and determine proceedings under this Act.”, (ii) in subsection (2), by the substitution of “Family Circuit Court shall, concurrently with the Family High Court” for “Circuit Family Court shall, concurrently with the High Court”, (iii) by the substitution of the following subsection for subsection (3): “(3) Subject to section 67 of the Family Courts Act 2024 and subsection (3B), the Family District Court shall not have jurisdiction in proceedings under this Act where the market value of any land to which the proceedings relate exceeds €1 million.”, (iv) by the insertion of the following subsections after subsection (3): “(3A) Subject to section 67 of the Family Courts Act 2024 and subsection (3B), where proceedings are brought in the Family District Court and the court is of the view, on the basis of the evidence before it, that the market value of the land to which the proceedings relate exceeds €1 million, the court shall transfer the proceedings to the Family Circuit Court, but any order made or act done in the course of such proceedings before such transfer shall be valid unless discharged or varied by order of the Family Circuit Court. (3B) The Minister for Justice may by order increase the amount referred to in subsections (3) and (3A) up to a maximum amount of €2 million where he or she considers it appropriate to do so having regard to— (a) changes in the market value of land, (b) the need to minimise the costs of proceedings, and (c) the guiding principles in section 8 of the Family Courts Act 2024. (3C) Every order made by the Minister for Justice under subsection (3B) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”,
\n(v) in subsection (4), by the substitution of “Family Circuit Court by this Act may be exercised by the judge of the Family Circuit Court circuit” for “Circuit Family Court by this Act may be exercised by the judge of the circuit”, and (vi) by the substitution of the following subsection for subsection (6): “(6) Sections 34 to 36 of the Act of 1989 shall apply to proceedings under this Act in the Family District Court, the Family Circuit Court and the Family High Court.”, (c) in section 41, by the substitution of “Family District Court” for “District Court”, and (d) in section 42— (i) in subsection (3), by the substitution of “Family District Court” for “District Court”, and (ii) in subsection (4)— (I) by the substitution of “Family District Court” for “District Court”, and (II) by the substitution of “€50,000” for “€15,000”.
\nAmendment of Act of 1996 83. The Act of 1996 is amended— (a) in section 5, by the substitution of “either of the spouses concerned or on the joint application of both spouses concerned” for “either of the spouses concerned”, (b) by the insertion of the following section after section 6: “Safeguards to ensure awareness of alternatives to divorce proceedings where application made jointly by both spouses and to assist attempts at reconciliation 6A. In the case of a joint application made by both spouses under section 5, the requirements imposed on a solicitor for the applicant under section 6 shall apply to the solicitor for each applicant.”, (c) by the insertion of the following section after section 10 but in Part III: “Joint application for ancillary orders 10A. In proceedings for a grant of a decree of divorce under section 5 (amended by section 83 of the Family Courts Act 2024) following the making of a joint application for such a decree after the coming into operation of the said section 83 , the applicants may apply jointly in the proceedings concerned for any order referred to in this Part and such order may be made by the court under this Part before, on or after the grant of the decree of divorce.”, and (d) in section 38— (i) by the substitution of the following subsection for subsection (1): “(1) Subject to the provisions of this section, the Family District Court, the Family Circuit Court and the Family High Court shall concurrently have jurisdiction to hear and determine proceedings under this Act.”, (ii) by the substitution of the following subsection for subsection (2): “(2) Subject to section 67 of the Family Courts Act 2024 and subsection (2B), the Family District Court shall not have jurisdiction in proceedings under this Act where the market value of any land to which the proceedings relate exceeds €1 million.”, (iii) by the insertion of the following subsections after subsection (2): “(2A) Subject to section 67 of the Family Courts Act 2024 and subsection (2B), where proceedings are brought in the Family District Court and the court is of the view, on the basis of the evidence before it, that the market value of the land to which the proceedings relate exceeds €1 million, the court shall transfer the proceedings to the Family Circuit Court, but any order made or act done in the course of such proceedings before such transfer shall be valid unless discharged or varied by order of the Family Circuit Court. (2B) The Minister for Justice may by order increase the amount referred to in subsections (2) and (2A) up to a maximum amount of €2 million where he or she considers it appropriate to do so having regard to—
\n(a) changes in the market value of land, (b) the need to minimise the costs of proceedings, and (c) the guiding principles in section 8 of the Family Courts Act 2024. (2C) Every order made by the Minister for Justice under subsection (2B) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”, (iv) by the substitution of the following subsection for subsection (3): “(3) The jurisdiction conferred on the Family District Court and the Family Circuit Court by this Act may be exercised by the judge of the Family District Court district or Family Circuit Court circuit in which any of the parties to the proceedings ordinarily resides or carries on any business, profession or occupation.”, and (v) by the substitution of the following subsection for subsection (5): “(5) Sections 34 to 36 of the Act of 1989 shall apply to proceedings under this Act in the Family District Court, the Family Circuit Court and the Family High Court.”.
\nAmendment of Jurisdiction of Courts and Enforcement of Judgments Act 1998 84. The Jurisdiction of Courts and Enforcement of Judgments Act 1998 is amended— (a) in section 4, in paragraph (b) of the definition of “enforcement order”, by the substitution of “decision of the High Court or, where the Family High Court has jurisdiction, a decision of the Family High Court relating to the Master’s decision” for “decision of the High Court relating to the Master’s decision”, (b) in section 8— (i) in subsection (1)(b), by the substitution of “High Court or, where the Family High Court has jurisdiction, the Family High Court” for “High Court”, and (ii) in subsection (6), by the substitution of “Family District Court” for “District Court”, (c) in section 9— (i) in subsection (1), by the substitution of “Family District Court” for “District Court”, (ii) in subsection (2), by the substitution of “Family District Court” for “District Court”, (iii) in subsection (3), by the substitution of “Family District Court” for “District Court”, (iv) in subsection (7)— (I) by the substitution of “Family District Court” for “District Court”, and (II) by the substitution of “Family District Court district” for “district court district” in both places where it occurs, (v) in subsection (8)— (I) in paragraph (a), by the substitution of “Family District Court district” for “district court area”, and (II) in paragraph (b), by the substitution of “the Family District Court” for “the District Court”, (vi) in subsection (13), by the substitution of “Family District Court district” for “district court area”, (vii) in subsection (15), by the substitution of “Family District Court district” for “district court area”, and (viii) in subsection (16), by the substitution of “Family District Court district” for “district court area”, (d) in section 13— (i) in subsection (1), by the substitution of “High Court or the Family High Court, as the case may be, may grant any provisional, including protective, measures of any kind that the Court concerned” for “High Court may grant any provisional, including protective, measures of any kind that the Court”, (ii) in subsection (2), by the substitution of “High Court or the Family High Court, as the case may be, may refuse to grant the measures sought if, in its opinion, the fact that, apart from this section, the Court concerned” for “High Court may refuse to grant the measures sought if, in its opinion, the fact that, apart from this section, that Court”, and (iii) in subsection (3), by the substitution of “High Court or the Family High Court, as the case may be, has power” for “High Court has power”,
\n(e) in section 16— (i) by the substitution of the following subsection for subsection (1): “(1) Subject to Title II of the 1968 Convention— (a) the jurisdiction of the Circuit Court respecting proceedings that may be instituted in the State by virtue of Article 2, 8.1, 11, 14 or 16(1)(b) of that Convention shall be exercised by the judge of that Court for the time being assigned to the circuit where the defendant, or one of the defendants, ordinarily resides or carries on any profession, business or occupation, and (b) the jurisdiction of the Family Circuit Court respecting proceedings that may be instituted in the State by virtue of Article 2, 8.1, 11, 14 or 16(1)(b) of that Convention shall be exercised by the judge of that Court for the time being assigned to the Family Circuit Court circuit where the defendant, or one of the defendants, ordinarily resides or carries on any profession, business or occupation.”, and (ii) in subsection (2), by the substitution of “jurisdiction of the Circuit Court or the Family Circuit Court, as the case may be,” for “Circuit Court’s jurisdiction”, (f) in section 20A(1), in paragraph (b)(ii) of the definition of “enforcement order”, by the substitution of “High Court or, where the Family High Court has jurisdiction, the Family High Court” for “High Court”, (g) in section 20F— (i) in subsection (1), by the substitution of the following paragraph for paragraph (b): “(b) may be enforced by the High Court or, in respect of matters within the jurisdiction of the Family High Court, by the Family High Court, and proceedings taken on it, as if it were a judgment of the High Court or the Family High Court, as the case may be.”, and (ii) in subsection (6), by the substitution of “Family District Court” for “District Court”, (h) in section 20G— (i) in subsection (1), by the substitution of “Family District Court” for “District Court”, (ii) in subsection (2), by the substitution of “Family District Court” for “District Court”, (iii) in subsection (3), by the substitution of “Family District Court” for “District Court”, (iv) in subsection (7)— (I) by the substitution of “Family District Court” for “District Court”, and (II) by the substitution of “Family District Court district” for “district court district” in both places where it occurs, (v) in subsection (8)— (I) in paragraph (a), by the substitution of “Family District Court district” for “district court area”, and (II) in paragraph (b), by the substitution of “the Family District Court” for “the District Court”,
\n(vi) in subsection (9)(b), by the substitution of “Family District Court” for “District Court”, (vii) in subsection (12), by the substitution of “Family District Court district” for “district court area”, (viii) in subsection (14), by the substitution of “Family District Court district” for “district court area”, and (ix) in subsection (15), by the substitution of “Family District Court district” for “district court area”, (i) in section 20K— (i) in subsection (1), by the substitution of “High Court or, in respect of matters within the jurisdiction of the Family High Court, the Family High Court may, on application to it pursuant to Article 31, grant any provisional measures, including protective measures, that the Court concerned” for “High Court may, on application to it pursuant to Article 31, grant any provisional measures, including protective measures, that the Court”, (ii) in subsection (2), by the substitution of “High Court or the Family High Court, as the case may be,” for “High Court”, and (iii) in subsection (3), by the substitution of “High Court or the Family High Court, as the case may be, has power” for “High Court has power”, and (j) in section 20M— (i) by the substitution of the following subsection for subsection (1): “(1) Subject to Articles 2 to 31— (a) the jurisdiction of the Circuit Court in proceedings that may be instituted in the State by virtue of Article 2, 9(1)(a), 12(1), 16(2), 19(1) or 20(1) or the proviso to Article 22(1) shall be exercised by the judge of the Court for the time being assigned to the circuit where the defendant, or one of the defendants, ordinarily resides or carries on any profession, business or occupation, and (b) the jurisdiction of the Family Circuit Court in proceedings that may be instituted in the State by virtue of Article 2, 9(1)(a), 12(1), 16(2), 19(1) or 20(1) or the proviso to Article 22(1) shall be exercised by the judge of the Family Circuit Court for the time being assigned to the Family Circuit Court circuit where the defendant, or one of the defendants, ordinarily resides or carries on any profession, business or occupation.”, and (ii) in subsection (2), by the substitution of “jurisdiction of the Circuit Court or the Family Circuit Court, as the case may be,” for “Circuit Court’s jurisdiction”.
\nAmendment of Act of 2000 85. The Act of 2000 is amended— (a) in section 3(2), by the substitution of “Family District Court” for “District Court” in each place where it occurs, and (b) in section 4— (i) in subsection (1)— (I) by the substitution of “Family Circuit Court” for “Circuit Court” in each place where it occurs, (II) by the substitution of “Family District Court” for “District Court” in each place where it occurs, (III) by the substitution of “Family Circuit Court circuit” for “circuit”, and (IV) by the substitution of “Family District Court district” for “district court district” in both places where it occurs, (ii) in subsection (2)— (I) by the substitution of “Family Circuit Court” for “Circuit Court” in both places where it occurs, and (II) by the substitution of “Family District Court” for “District Court” in both places where it occurs, (iii) in subsection (3)— (I) by the substitution of “Family Circuit Court or Family District Court” for “Circuit Court or District Court”, and (II) by the substitution of “a judge of the Family Circuit Court assigned to the Dublin Family Circuit Court circuit or a judge of the Family District Court” for “a circuit judge assigned to the Dublin circuit or a district judge”, and (iv) by the deletion of subsection (4).
\nAmendment of Civil Registration Act 2004 86. The Civil Registration Act 2004 is amended— (a) in section 22 (amended by section 6 of the Civil Registration (Amendment) Act 2014 )— (i) by the substitution of “Family Circuit Court” for “Circuit Court” in each place where it occurs, and (ii) by the substitution of “judge of the Family Circuit Court circuit” for “judge of the circuit” in both places where it occurs, (b) in section 23— (i) in subsection (3F), by the substitution of “Family Circuit Court” for “Circuit Court”, and (ii) in subsection (3G), by the substitution of “Family Circuit Court by subsection (3F) shall be exercised by a judge of the Family Circuit Court circuit” for “Circuit Court by subsection (3F) shall be exercised by a judge of the circuit”, (c) in section 23A(1), by the substitution of “Family Circuit Court” for “Circuit Court”, (d) in section 23B— (i) in subsection (1), by the substitution of “Family District Court under section 21 of the Children and Family Relationships Act 2015 , or by the Family Circuit Court” for “District Court under section 21 of the Children and Family Relationships Act 2015 , or by the Circuit Court”, and (ii) in subsection (2), by the substitution of “Family Circuit Court” for “Circuit Court”, (e) in subsection 46(1)(a)(i)(II), by the substitution of “Family Circuit Court or the Family High Court” for “Circuit Court or the High Court”, (f) in section 47— (i) in subsection (1), by the substitution of “Family Circuit Court or the Family High Court” for “Circuit Family Court or the High Court”, and (ii) in subsection (4), by the substitution of “Family Circuit Court by this section shall be exercised by a judge of the Family Circuit Court circuit” for “Circuit Family Court by this section shall be exercised by a judge of the circuit”, (g) in section 58(9)— (i) in paragraph (a), by the substitution of “Family Circuit Court” for “Circuit Family Court”, and (ii) in paragraph (b), by the substitution of “Family Circuit Court by paragraph (a) may be exercised by a judge of the Family Circuit Court circuit” for “Circuit Family Court by paragraph (a) may be exercised by a judge of the circuit”, and (h) in section 60(8), by the substitution of “Family High Court” for “High Court”.
\nAmendment of section 3 of Land and Conveyancing Law Reform Act 2009 87.
\nof the Land and Conveyancing Law Reform Act 2009 is amended by the substitution of the following definition for the definition of “the court”: “ ‘the court’ means— (a) the High Court, (b) the Circuit Court when exercising the jurisdiction conferred on it by the Third Schedule to the Courts (Supplemental Provisions) Act 1961 , or (c) any of the following courts when making an order under section 31 following an application made to that Court under section 10 of the Family Law Act 1995 , section 15 of the Family Law (Divorce) Act 1996 or section 119 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 : (i) the Family District Court; (ii) the Family Circuit Court; (iii) the Family High Court;”.
\nAmendment of Act of 2010 88. The Act of 2010 is amended— (a) in section 50(6), by the substitution of “Family District Court district” for “District Court district”, (b) in section 51(3)— (i) by the substitution of “Family District Court” for “District Court”, and (ii) by the substitution of “€50,000” for “€15,000”, (c) in section 52A— (i) in subsection (2), by the substitution of “Family District Court” for “District Court”, (ii) in subsection (3)— (I) by the substitution of “by the Family District Court” for “by the District Court”, and (II) by the substitution of “before the Family District Court” for “before the District Court”, (iii) in subsection (4)— (I) in paragraph (c), by the substitution of “Family District Court” for “District Court”, and (II) in paragraph (d), by the substitution of “Family District Court” for “District Court”, (iv) in subsection (5), by the substitution of “Family District Court” for “District Court”, (v) in subsection (6), by the substitution of “Family District Court” for “District Court”, (vi) in subsection (7), by the substitution of “Family District Court” for “District Court” in both places where it occurs, (vii) in subsection (9)(b), by the substitution of “Family District Court” for “District Court”, and (viii) in subsection (13), by the substitution of “Family District Court” for “District Court”, (d) in section 53(1), in the definition of “court”— (i) in paragraph (a), by the substitution of “Family High Court” for “High Court” in both places where it occurs, (ii) in paragraph (b), by the substitution of “Family Circuit Court” for “Circuit Court”, and (iii) in paragraph (c), by the substitution of “the Family District Court” for “the District Court” in both places where it occurs, (e) in section 110(1), by the substitution of “either of the civil partners or on the joint application of both civil partners” for “either of the civil partners”, (f) by the insertion of the following section after section 110: “Joint application for ancillary orders 110A. In proceedings for a grant of a decree of dissolution under section 110 (amended by section 88 of the Family Courts Act 2024), following the making of a joint application for such a decree after the coming into operation of the said section 88 , the applicants may apply jointly in the proceedings concerned for any order referred to in this Part and such order may be made by the court under this Part before, on or after the grant of the decree of dissolution.”, (g) in section 139— (i) by the deletion of the definition of “Circuit Court”, and
\n(ii) by the insertion of the following definitions: “ ‘Family Circuit Court’ means the Family Circuit Court when it is exercising its jurisdiction to hear and determine civil partnership law proceedings or transferring civil partnership law proceedings to the Family District Court or the Family High Court; ‘Family District Court’ means the Family District Court when it is exercising its jurisdiction to hear and determine civil partnership law proceedings or transferring civil partnership law proceedings to the Family Circuit Court or the Family High Court;”, (h) in section 140— (i) in subsection (1), by the substitution of “the Family District Court, the Family Circuit Court and the Family High Court have concurrent jurisdiction” for “the Circuit Court has concurrent jurisdiction with the High Court”, (ii) in subsection (2)— (I) by the substitution of “Family District Court, and the Family Circuit Court on appeal from the Family District Court, have concurrent jurisdiction with the Family High Court” for “District Court, and the Circuit Court on appeal from the District Court, have concurrent jurisdiction with the High Court”, (II) by the substitution of the following paragraph for paragraph (a): “(a) subject to section 67 of the Family Courts Act 2024, they do not have jurisdiction to make an order under one of those sections for the payment of a periodical sum at a rate greater than €1,500 per week for support of a civil partner or €500 per week for the support of a dependent child of the civil partners,”, (III) in paragraph (b), by the substitution of “Family High Court” for “High Court”, and (IV) in paragraph (c)— (A) by the substitution of “Family District Court” for “District Court” in both places where it occurs, and (B) by the substitution of “Family Circuit Court” for “Circuit Court”, (iii) by the insertion of the following subsections after subsection (2): “(2A) The Family District Court shall not have jurisdiction to hear and determine proceedings— (a) under section 4, or (b) for a decree of nullity under section 107. (2B) Subject to section 67 of the Family Courts Act 2024 and subsection (2D), the Family District Court shall not have jurisdiction in civil partnership proceedings under this Act where the market value of any land to which the proceedings relate exceeds €1 million. (2C) Subject to section 67 of the Family Courts Act 2024 and subsection (2D), where proceedings are brought in the Family District Court and the court is of the view, on the basis of the evidence before it, that the market value of the land to which the proceedings relate exceeds €1 million, the court shall transfer the proceedings to the Family Circuit Court, but any order made or act done in the course of such proceedings before such transfer shall be valid unless discharged or varied by order of the Family Circuit Court.
\n(2D) The Minister may by order increase the amount referred to in subsections (2B) and (2C) up to a maximum amount of €2 million where he or she considers it appropriate to do so having regard to— (a) changes in the market value of land, (b) the need to minimise the costs of proceedings, and (c) the guiding principles in section 8 of the Family Courts Act 2024. (2E) Every order made by the Minister under subsection (2D) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”, (iv) in subsection (4), by the substitution of “Family District Court and the Family Circuit Court may be exercised by the judge of the relevant Family District Court district or Family Circuit Court circuit” for “Circuit Court may be exercised by the judge of the circuit”, (v) by the deletion of subsection (5), (vi) in subsection (5A), by the substitution of “In this section” for “In subsection (5) and the following subsection”, (vii) by the deletion of subsections (5B), (6), (7), (8) and (9), and (viii) by the substitution of the following subsection for subsection (10): “(10) Subject to section 67 of the Family Courts Act 2024, the Family District Court shall have jurisdiction to hear and determine a question arising out of section 34 where the value of the household chattels intended to be disposed of or removed or actually disposed of or removed does not exceed €50,000.”, (i) by the deletion of sections 143 and 144, (j) in section 145, by the substitution of “ section 96 of the Family Courts Act 2024” for “ section 40 of the Civil Liability and Courts Act 2004 ”, (k) in section 171, in the definition of “court”, by the substitution of “Family High Court, Family Circuit Court or the Family District Court” for “High Court, the Circuit Court or the District Court”, (l) in section 196— (i) in subsection (1), by the substitution of “Family Circuit Court has concurrent jurisdiction with the Family High Court” for “Circuit Court has concurrent jurisdiction with the High Court”, (ii) in subsection (2)— (I) by the substitution of “Family District Court, and the Family Circuit Court on appeal from the Family District Court, have concurrent jurisdiction with the Family High Court” for “District Court, and the Circuit Court on appeal from the District Court, have concurrent jurisdiction with the High Court”,
\n(II) by the substitution of the following paragraph for paragraph (a): “(a) subject to section 67 of the Family Courts Act 2024, they do not have jurisdiction to make such an order for periodical payments at a rate greater than €1,500 per week,”, (III) in paragraph (b), by the substitution of “Family High Court” for “High Court”, and (IV) in paragraph (c)— (A) by the substitution of “Family District Court” for “District Court” in both places where it occurs, and (B) by the substitution of “Family Circuit Court” for “Circuit Court”, (iii) by the insertion of the following subsections after subsection (2): “(2A) Subject to section 67 of the Family Courts Act 2024 and subsection (2C), the Family District Court shall not have jurisdiction in proceedings on applications for orders for redress referred to in section 173 where the market value of any land to which the proceedings relate exceeds €1 million. (2B) Subject to section 67 of the Family Courts Act 2024 and subsection (2C), where proceedings on applications for orders for redress referred to in section 173 are brought in the Family District Court and the court is of the view, on the basis of the evidence before it, that the market value of the land to which the proceedings relate exceeds €1 million, the court shall transfer the proceedings to the Family Circuit Court, but any order made or act done in the course of such proceedings before such transfer shall be valid unless discharged or varied by order of the Family Circuit Court. (2C) The Minister may by order increase the amount referred to in subsections (2A) and (2B) up to a maximum amount of €2 million where he or she considers it appropriate to do so having regard to— (a) changes in the market value of land, (b) the need to minimise the costs of proceedings, and (c) the guiding principles in section 8 of the Family Courts Act 2024. (2D) Every order made by the Minister under subsection (2C) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”, (iv) in subsection (5), by the substitution of “Family District Court and Family Circuit Court may be exercised by the judge of the relevant Family District Court district or Family Circuit Court circuit” for “Circuit Court may be exercised by the judge of the circuit”,
\n(v) by the deletion of subsection (6), (vi) in subsection (6A), by the substitution of “In this section” for “In subsection (6) and the following subsection”, and (vii) by the deletion of subsections (6B) and (7), (m) by the deletion of section 198, and (n) in section 199, by the substitution of “ section 96 of the Family Courts Act 2024” for “ section 40 of the Civil Liability and Courts Act 2004 ”.
\nAmendment of Act of 2015 89. The Act of 2015 is amended— (a) in section 20(1)(i) (inserted by section 232(b)(i)(V) of the Act of 2024), by the substitution of “Family District Court or Family Circuit Court” for “District Court or Circuit Court”, (b) in section 21(1), by the substitution of “Family District Court” for “District Court”, (c) in section 22— (i) in subsection (1), by the substitution of “Family Circuit Court” for “Circuit Court”, (ii) in subsection (6), by the substitution of “Family Circuit Court” for “Circuit Court”, and (iii) in subsection (7), by the substitution of “Family Circuit Court” for “Circuit Court”, (d) in section 35(5), by the substitution of “Family Circuit Court” for “Circuit Court”, and (e) in section 40— (i) in subsection (1)— (I) by the substitution of “conferred on the Family District Court” for “conferred on the District Court”, and (II) in paragraph (a), by the substitution of “judge of the Family District Court who is assigned to the Family District Court district” for “judge of the District Court who is assigned to the district court district”, (ii) in subsection (2)— (I) by the substitution of “conferred on the Family Circuit Court” for “conferred on the Circuit Court”, and (II) in paragraph (a), by the substitution of “judge of the Family Circuit Court circuit” for “judge of the circuit”.
\nAmendment of Act of 2018 90. The Act of 2018 is amended— (a) in section 2(1), in the definition of “court” by the substitution of “Family District Court or the Family Circuit Court” for “District Court or the Circuit Court”, (b) in section 6— (i) in subsection (4), by the substitution of “Family District Court or by the Family Circuit Court on appeal from the Family District Court” for “District Court or by the Circuit Court on appeal from the District Court”, (ii) in subsection (5), by the substitution of “Family District Court, or by the Family Circuit Court on appeal from the Family District Court” for “District Court, or by the Circuit Court on appeal from the District Court”, and (iii) in subsection (6), by the substitution of “Family District Court, or by the Family Circuit Court on appeal from the Family District Court” for “District Court, or by the Circuit Court on appeal from the District Court”, (c) in section 7— (i) in subsection (8), by the substitution of “Family District Court, or by the Family Circuit Court on appeal from the Family District Court” for “District Court, or by the Circuit Court on appeal from the District Court”, (ii) in subsection (9), by the substitution of “Family District Court, or by the Family Circuit Court on appeal from the Family District Court” for “District Court, or by the Circuit Court on appeal from the District Court”, and (iii) in subsection (10), by the substitution of “Family District Court, or by the Family Circuit Court on appeal from the Family District Court” for “District Court, or by the Circuit Court on appeal from the District Court”, (d) in section 22(1)— (i) in paragraph (a), by the substitution of “Family Circuit Court, by the judge of the Family Circuit Court within whose Family Circuit Court circuit” for “Circuit Court, by the judge of the Circuit Court within whose circuit”, and (ii) in paragraph (b), by the substitution of “Family District Court, by a judge of the Family District Court for the time being assigned to the Family District Court district” for “District Court, by a judge of the District Court for the time being assigned to the district court district”, (e) in section 23— (i) in subsection (3)— (I) in paragraph (a), by the substitution of “Proceedings under section 24” for “Civil proceedings under this Act”, and (II) in paragraph (b), by the substitution of “proceedings under section 24” for “civil proceedings under this Act”, and (ii) by the deletion of subsections (4) to (6), (f) in section 24— (i) in subsection (1)—
\n(I) by the substitution of “special sitting of the Family District Court or the District Court” for “special sitting of the District Court”, and (II) in paragraph (b), by the substitution of “Family District Court sitting in the Family District Court district or District Court sitting in the district court district” for “District Court sitting in the district court district”, (ii) in subsection (3)— (I) by the substitution of “judge of the Family District Court” for “judge of the District Court” and (II) by the substitution of “special sittings of the Family District Court in the Family District Court district or of the District Court in the district court district” for “special sittings of the District Court in the district court district”, and (iii) by the substitution of the following subsection for subsection (4): “(4) In this section, ‘special sitting’ means a sitting— (a) of the District Court at a place and time not standing appointed for the time being under section 26 of the Courts of Justice Act 1953 or section 40 or 42 of the Courts (Supplemental Provisions) Act 1961 for the transaction of the business of the District Court, or (b) of the Family District Court at a place and time not standing appointed for the time being under section 26B (inserted by section 40 of the Family Courts Act 2024) of the Courts of Justice Act 1953 to sit to hear and determine family law proceedings.”, and (g) in section 25— (i) in subsection (3), by the substitution of “Family Circuit Court circuit or Family District Court district” for “circuit court or district court district” in both places where it occurs, and (ii) in subsection (4)— (I) in paragraph (a), by the substitution of “Family Circuit Court, by the judge of the Family Circuit Court circuit” for “Circuit Court, by the judge of the circuit” and (II) in paragraph (b), by the substitution of “Family District Court, by the judge of that court for the time being assigned to the Family District Court district” for “District Court, by the judge of that court for the time being assigned to the district court district”.
\nAmendment of Act of 2024 91. The Act of 2024 is amended— (a) in section 5— (i) in subsection (1)— (I) by the substitution of “Parts 11 and 12” for “Part 12”, and (II) by the substitution of “Family Circuit Court” for “Circuit Court”, in both places where it occurs, and (ii) in subsection (2), by the substitution of “Family Circuit Court” for “Circuit Court”, in each place where it occurs, (b) in section 115(2), by the substitution of “Family High Court” for “High Court”, (c) by the insertion of the following section after section 170: “Circuit Court’s jurisdiction (Part 11) 170A. (1) Subject to subsection (2), a reference in this Part to an application being made to the court shall be construed as a reference to an application being made to the Circuit Court and the Circuit Court shall have jurisdiction to hear and determine proceedings under this Act in relation to any such application.
\nAmendment of Regulations of 2011 92. The Regulations of 2011 are amended— (a) in Regulation 2, in paragraph (b)(ii) of the definition of “enforcement order”, by the substitution of “Family High Court” for “High Court”, (b) in Regulation 3— (i) by the substitution of “The Family Circuit Court or the Family District Court” for “The Circuit Court or the District Court”, (ii) in paragraph (a), by the substitution of “Family Circuit Court, to the Family Circuit Court circuit” for “Circuit Court, to the circuit”, and (iii) in paragraph (b), by the substitution of “Family District Court, to the Family District Court district” for “district court district”, (c) in Regulation 4— (i) by the substitution of “The Family Circuit Court or the Family District Court” for “The Circuit Court or the District Court”, (ii) in paragraph (a), by the substitution of “Family Circuit Court, to the Family Circuit Court circuit” for “Circuit Court, to the circuit”, and (iii) in paragraph (b), by the substitution of “Family District Court, to the Family District Court district” for “District Court, to the district court district”, (d) in Regulation 5, by the substitution of “Family High Court” for “High Court”, (e) in Regulation 8— (i) in paragraph (1), by the substitution of “Family District Court” for “District Court”, and (ii) in paragraph (2), by the substitution of “Family District Court” for “District Court”, (f) in Regulation 9— (i) in paragraph (5), by the substitution of “as a judgment of the Family High Court and such a decision may be enforced by the Family High Court” for “as a judgment of the High Court and such a decision may be enforced by the High Court”, and (ii) in paragraph (7), by the substitution of “Family District Court” for “District Court”, (g) in Regulation 10— (i) in paragraph (1), by the substitution of “Family District Court” for “District Court”, (ii) in paragraph (2), by the substitution of “Family District Court” for “District Court”, (iii) in paragraph (3), by the substitution of “Family District Court” for “District Court”, (iv) in paragraph (7)— (I) by the substitution of “Family District Court” for “District Court”, and (II) by the substitution of “Family District Court district” for “district court district” in both places where it occurs, (v) in paragraph (8)— (I) in paragraph (a), by the substitution of “Family District Court district” for “district court area”, and (II) in paragraph (b), by the substitution of “the Family District Court” for “the District Court”, (vi) in paragraph (9), by the substitution of “to the Family District Court” for “to the District Court”, and
\n(vii) in paragraph (13), by the substitution of “Family District Court district” for “district court area”, (h) in Regulation 12— (i) in paragraph (1), by the substitution of “Family High Court” for “High Court”, (ii) in paragraph (2), by the substitution of “Family High Court” for “High Court”, and (iii) in paragraph (3), by the substitution of “Family High Court has power” for “High Court has power”, (i) in Regulation 14(3), by the substitution of “Family High Court” for “High Court”, (j) in Regulation 17— (i) in paragraph (5), by the substitution of “Family District Court district” for “district court area”, and (ii) in paragraph (6), by the substitution of “Family District Court district” for “district court area”, (k) in Regulation 18, by the substitution of “Family District Court” for “District Court”, (l) in Regulation 19— (i) in paragraph (2), by the substitution of “Family District Court” for “District Court”, and (ii) in paragraph (3), by the substitution of “Family District Court by paragraph (2) may be exercised by the judge of the Family District Court for the time being assigned to the Family District Court district” for “District Court by subsection (2) may be exercised by the judge of the District Court for the time being assigned to the district court district”, and (m) in Regulation 23(1), by the substitution of “Family District Court” for “District Court”.
\nAmendment of Regulations of 2019 93. The Regulations of 2019 are amended— (a) in Regulation 2— (i) in the definition of “declaration of enforceability”, by the substitution of “Family High Court” for “High Court”, and (ii) in the definition of “recognition order”, by the substitution of “Family High Court” for “High Court”, (b) in Regulation 3— (i) in paragraph (1)— (I) by the substitution of “Family District Court” for “District Court”, and (II) by the substitution of “Family District Court district” for “district court district” in both places where it occurs, (ii) in paragraph (2), by the substitution of “Family District Court district” for “district court area”, and (iii) in paragraph (3), by the substitution of “Family District Court district” for “district court area” in both places where it occurs, (c) in Regulation 10(2), by the substitution of “Family District Court” for “District Court”, (d) in Regulation 11, by the substitution of “Family District Court” for “District Court” in each place where it occurs, (e) in Regulation 12— (i) in paragraph (10), by the substitution of “Family High Court which may be enforced by the Family High Court” for “High Court which may be enforced by the High Court”, (ii) in paragraph (11), by the substitution of “Family District Court” for “District Court”, (iii) in paragraph (12), by the substitution of “judgment of the Family High Court and such a decision, to the extent it is the subject of that enforceable maintenance order, may be enforced by the Family High Court” for “judgement of the High Court and such a decision, to the extent it is the subject of that enforceable maintenance order, may be enforced by the High Court”, and (iv) in paragraph (18), by the substitution of “Family High Court” for “High Court”, (f) in Regulation 13, by the substitution of “Family High Court, an appeal shall, by leave of the Family High Court” for “High Court, an appeal shall, by leave of the High Court”, (g) in Regulation 14— (i) in paragraph (2), by the substitution of “Family District Court” for “District Court”, (ii) in paragraph (4), by the substitution of “Family District Court” for “District Court” in both places where it occurs, (iii) in paragraph (5), by the substitution of “Family District Court” for “District Court” in both places where it occurs, and (iv) in paragraph (8)(b), by the substitution of “Family District Court” for “District Court”, (h) in Regulation 15, by the substitution of “Family High Court” for “High Court” in each place where it occurs,
\n(i) in Regulation 16— (i) in paragraph (3), by the substitution of “Family District Court” for “District Court”, (ii) in paragraph (4), by the substitution of “Family District Court for the time being assigned to the Family District Court district” for “District Court for the time being assigned to the district court district”, (iii) in paragraph (5), by the substitution of “Family District Court is requested to take evidence under paragraph (3), a district court clerk for the Family District Court district” for “District Court is requested to take evidence under paragraph (3), a district court clerk for the district court area”, (iv) in paragraph (6), by the substitution of “Family District Court” for “District Court” in both places where it occurs, (v) in paragraph (7), by the substitution of “Family District Court” for “District Court”, and (vi) in paragraph (8), by the substitution of “Family District Court” for “District Court”, and (j) in Regulation 19— (i) in paragraph (5), by the substitution of “Family District Court” for “District Court”, and (ii) in paragraph (7), by the substitution of “Family District Court may be exercised by the judge of that Court for the time being assigned to the Family District Court district” for “District Court may be exercised by the judge of that Court for the time being assigned to the district court district”.
\nAmendment of Regulations of 2022 94. The Regulations of 2022 are amended— (a) in Regulation 4, by the substitution of “Family High Court” for “High Court” in both places where it occurs, and (b) in Regulation 5, by the substitution of “Family High Court” for “High Court”.
\nProtection for Parties to Proceedings Definitions (Part 9) 95. In this Part— “broadcast” has the same meaning as it has in section 2 of the Broadcasting Act 2009 ; “publish” means publish, other than by way of broadcast, to the public or a portion of the public; “relevant enactment” means any of the following provisions: (a) section 2(1B) (inserted by section 20 of the Courts Act 1971 ) of the Legitimacy Act 1931 ; (b) section 45 of the Act of 1961 (in so far as it relates to matrimonial causes or matters, or minor matters); (c) section 25 of the Family Law (Maintenance of Spouses and Children) Act 1976 ; (d) section 10 of the Act of 1976; (e) section 36 of the Act of 1987; (f) section 34 of the Act of 1989; (g) section 7 of the Act of 1994; (h) section 38 of the Family Law Act 1995 ; (i) section 38 of the Act of 1996; (j) sections 23 and 36 of the Act of 2018; (k) section 18 , 30 , 31 , 49 , 54 or 92 of the Adoption Act 2010 ; (l) section 145 or 199 of the Act of 2010; (m) section 66(1)(a), 103(1)(a), 205 or 217 of the Act of 2024.
\nProceedings heard otherwise than in public 96. (1) In this section, “court” includes the Master of the High Court.
\n(viii) whether information of the type referred to in subparagraphs (iii), (vi) and (vii) when taken together with other information would, if published or broadcast, be likely to lead members of the public to identify a party to the proceedings or a child to whom the proceedings relate. (d) In considering the views of a child referred to in clause (II) of paragraph (c)(ii), a court shall take account of the age and level of maturity of the child concerned. (e) Where evidence in proceedings to which a relevant enactment relates concerns a matter referred to in subparagraph (vi) of paragraph (c), an application under paragraph (b) may be made by or on behalf of the Director of Public Prosecutions. (f) In this subsection— “commercially sensitive information” means— (i) financial, commercial, scientific, technical or other information the disclosure of which could reasonably be expected to result in a material financial loss or gain to the person to whom it relates, or could prejudice the competitive position of that person in the conduct of his or her business or otherwise in his or her occupation, or (ii) information the disclosure of which could prejudice the conduct or outcome of contractual or other negotiations of the person to whom it relates; “party to the proceedings” includes a witness in the proceedings; “sensitive personal information” means information about a person that would, in the ordinary course of events, be known only to the person or members of the family, or friends, of the person, and includes but is not limited to— (i) information relating to the medical, psychiatric or psychological history of the person, (ii) information relating to the tax affairs of the person, and (iii) information relating to the sexual conduct or sexual orientation of the person.
\nProhibition on publication or broadcast of certain matters 97. (1) No person shall publish or broadcast or cause to be published or broadcast any information about a matter which would be likely to lead members of the public to identify the parties to proceedings to which a relevant enactment relates or any child to whom those proceedings relate.
\nLimitation on personal cross-examination by applicant or respondent in family law proceedings 98. (1) Where, in family law proceedings (other than proceedings under the Act of 2018)— (a) a person under the age of 18 years is to give evidence, and (b) the applicant or respondent proposes to cross-examine the person referred to in paragraph (a) personally, the court shall direct that the applicant or the respondent, as the case may be, may not personally cross-examine the witness unless the court is of the opinion that the interests of justice require the applicant or the respondent to conduct the cross-examination personally.
\nAmendment of section 28 of Civil Legal Aid Act 1995 99.
\n(5D) of the Civil Legal Aid Act 1995 is amended— (a) in paragraph (a), by the substitution of “Act,” for “Act, or”, (b) in paragraph (b), by the insertion of “or” after “Act,”, and (c) the insertion of the following paragraph after paragraph (b): “(c) an applicant or respondent (within the meaning of the Family Courts Act 2024) is prevented from conducting a cross-examination referred to in section 98 of that Act,”.
\nTransitional Provisions Definitions (Part 10) 100. In this Part, “operative date”, in relation to a provision, means the date on which the provision comes into operation and includes the date on which the provision comes into operation, in accordance with section 1
\nContinuity and enforcement of administration of justice not affected 101. The continuity of the administration and enforcement of justice shall not be interrupted by the coming into operation of any provision of this Act, including its coming into operation in accordance with section 1
\nGeneral transitional provisions 102. (1) The High Court shall, as regards any family law proceedings before it that have been— (a) initiated before the operative date, and (b) heard in full or in part by that Court on or before that date, continue to have jurisdiction in respect of the proceedings and, accordingly, the High Court may— (i) determine and pronounce judgment in respect of those proceedings, or (ii) transfer the proceedings to the Family High Court, where it is satisfied that it is appropriate to so transfer.
\nTransitional provision for appeals in family law proceedings 103. (1) The High Court shall, as regards an appeal of a decision of the Circuit Court in family law proceedings that has been— (a) lodged before the operative date, and (b) heard in full or in part by the High Court on or before that date, continue to have jurisdiction in respect of the appeal and, accordingly, may determine and pronounce judgment in respect of that appeal.
\nGeneral transitional provision validating any court orders, etc. made by District Court, Circuit Court or High Court in family law proceedings 104. (1) For the purposes of any family law proceedings initiated on or after the operative date— (a) an order, (b) a declaration, (c) an appointment, (d) a direction, (e) an application, (f) a deposition, (g) a certificate, (h) a decree, (i) an annulment, (j) a dissolution, (k) an exemption, (l) a judgment, or (m) a decision, made in family law proceedings by the High Court, Circuit Court or District Court which is in effect immediately before that date shall be deemed to have been made by the Family High Court, Family Circuit Court or Family District Court, as the case may be.
\nSCHEDULE 1 Repeals
\nACTS REPEALED Item
\nNo. 32 of 1953 Courts of Justice Act 1953
\n2.
\nNo. 11 of 1981 Courts Act 1981 Sections 5 and 16 3.
\nNo. 6 of 1991 Child Abduction and Enforcement of Custody Orders Act 1991
\n4.
\nNo. 31 of 2004 Civil Liability and Courts Act 2004 Sections 40 and 40A SCHEDULE 2 Amendments of Miscellaneous Enactments 0
\nItem
\nNo. 1 of 1970 Health Act 1970
\nBy the substitution of “Family Circuit Court or the Family District Court” for “Circuit Court or the District Court”.
\n2.
\nNo. 26 of 1986 Courts (No. 2) Act 1986
\nBy the substitution of “Family District Court” for “District Court”.
\n3.
\nNo. 6 of 1993 Criminal Justice Act 1993
\nBy the substitution of “Family District Court” for “District Court”.
\n4.
\nNo. 40 of 1997 Children Act 1997
\n(a) In paragraph (a), by the substitution of “Family Circuit Court, by the judge of the Family Circuit Court circuit” for “Circuit Court, by the judge of the circuit”, and (b) in paragraph (b), by the substitution of “Family District Court, by the judge of that court for the time being assigned to the Family District Court district” for “District Court, by the judge of that court for the time being assigned to the district court district”.
\n5.
\nNo. 31 of 2004 Civil Liability and Courts Act 2004
\nBy the deletion of the definitions of “Act of 2010”, “broadcast”, “publish” and “relevant enactment”.
\n6.
\nNo. 26 of 2005 Social Welfare Consolidation Act 2005
\nBy the substitution of “Family Circuit Court or the Family District Court” for “Circuit Court or the District Court”.
\nSection 142A(4)(d) (a) In subparagraph (i), by the substitution of “Family High Court or the High Court” for “High Court”, and (b) by the substitution of clause (I) in subparagraph (ii) with the following clause: “(I) pursuant to an order— (A) of the Family District Court, the District Court or the Family Circuit Court on appeal from the Family District Court or District Court under Part III of the Child Care Act 1991 , and (B) of the Family District Court or the Family Circuit Court (whether at first instance or an appeal from the Family District Court) under Part IV or VI of the Child Care Act 1991 ,”.
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