ORDER 20.-INFANTS AND FAMILIES.

Division 1.-Preliminary.

1. Application.

This Order is subject to the Matrimonial Causes Act 1963 and the Matrimonial Causes Rules.

2. Interpretation of Divisions 1 and 2.

In this Division and in Division 2 unless the contrary intention appears-

the Act means the Infants Act 1956;

parent, in relation to an infant, includes a person at law liable to maintain the infant or entitled to his custody;

person includes a scholastic or charitable institution.

Division 2.-Custody and Guardianship of Infants.

3. Custody, etc. (69/1)

(1) This Rule applies to an application for an order under Section 4 of the Act in respect of any infant.

(2) Where proceedings under that section in respect of the infant are pending in the Court -

(a) the application shall be made by motion in the proceedings; and

(b) notice of the motion shall, unless the Court otherwise orders, be served on his parents or on the guardian of his person.

(3) Where no proceedings under that section in respect of the infant are pending in the Court -

(a) proceedings for the order shall be commenced by originating summons; and

(b) his parents or the guardian of his person shall, unless the Court otherwise orders, be made defendants.

Division 3.-Adoption of Children.

4. Interpretation of Division 3.

In this Division-

the Act means the Adoption of Children Act 1968;

child, applicant and Director have the same meaning as they have in the Act.

5. Commencement of proceedings. (73/3)

Proceedings in the Court under the Act shall be commenced by an originating summons under Order 4 Rule 25.

6. Application for adoption order. (73/4)

An application for an adoption order shall be made by filing an originating summons in Form 102 not joining any person as defendant.

7. Notice of application for adoption order. (73/5)

(1) A notice of application for an adoption order shall be in Form 103.

(2) Notwithstanding Order 2 Rule 27(1)(b)(ii) the backsheet of a notice of application for an adoption order shall not bear the title of the proceedings.

8. Application to dispense with notice. (73/6)

The plaintiff may include in his summons an application for an order that the Court dispense with the giving of a notice of application for an adoption order.

9. Evidence for an adoption order. (73/7)

(1) Evidence in support of an application for an adoption order shall include evidence of the matters specified in Sections 3 and 9 of the Act.

(2) This Rule shall not be taken as limiting any of the provisions of the Act.

(1) An application to dispense with the consent of a person under Section 21 of the Act may be made

(i) in a case where no application for an adoption order has been made in respect of the child-by originating summons; or

(ii) in the summons by which an application for an adoption order is made; or

(iii) in a case where application for an adoption order has\ been made by motion in the proceedings.

(2) An application under Section 21(3) of the Act may be made by motion in the proceedings.

11. Discharge of order. (73/10)

(1) An application for an order under Section 13 or 35 of the Act (discharge of an order) shall be made by motion in the proceedings.

(2) The plaintiff shall, unless the Court otherwise orders, serve notice of the motion on -

(a) the adopting parents; and

(b) the guardian (if any) of the child; and

(c) any person with whom the child resides; and

(d) any person who has the care or custody of the child.

(3) Sub-rule (2) does not require service on a person who consents to the application.

(4) The Court may give directions for service of notice of the motion on any other person.

12. Applications under Section 39 of the Act. (73/13)

An application for an order under Section 39 of the Act (declarations of validity of foreign adoptions) may be made by filing an originating summons not joining any person as defendant.

13. Adoption order.

An adoption order shall be in Form 104.

Division 4.-Testator's Family Maintenance.

14. Interpretation of Division 4.

(1) In this Division, unless the contrary intention appears -

the Act means the Wills, Probate and Administration Act 1966.

(2) Unless the contrary intention appears and without prejudice to Order 1 Rule 6, expressions used in this Division have the same meaning as in the Act.

15. Parties.

(1) On an application under Section 124 of the Act the person applying shall be the plaintiff and the administrator of the estate of the deceased person shall be the defendant.

(2) In the event of the plaintiff being the sole administrator the defendant shall be some person having a substantial interest in opposing the application.

(3) Where the plaintiff is one of the administrators of the estate of the deceased person, it shall be sufficient to name the other administrator or administrators as defendants.

(4) No other person shall be made a party to the application in the first instance.

(5) No steps shall be taken on the application after notice of intention to defend has been given until directions have been obtained under Rule 17.

16. Copies of summons.

(1) Two copies of every summons issued in respect of an application under Section 124 of the Act shall be lodged by the plaintiff with the Registrar when the summons is issued.

(2) Such summons shall be an originating summons under Order 4 Rule 25.

17. Summons for directions.

(1) The plaintiff shall within seven days after the time limited for giving notice of intention to defend take out a summons for directions and if the plaintiff fails to take out a summons within that time the defendant shall take out a summons for directions within a further seven days.

(2) On hearing the summons for directions the Court may -

(a) ascertain -

(i) the nature of the relief which the plaintiff seeks; and

(ii) the persons or classes of persons who will be affected by such relief if granted,

and for this purpose may require the plaintiff and defendant to supply such information as may be deemed necessary; and

(b) direct that a copy of the summons referred to in Rule 16 be served on any person; and

(c) direct what persons shall be added as defendants as being interested in the relief claimed or to represent classes of persons so interested; and

(d) order that any defendant be authorized to defend on behalf of or for the benefit of all persons having the same or a similar interest and that all persons so interested shall be bound by any order made in the proceedings; and

(e) give such other directions as it sees fit relating to the evidence to be filed, the persons to be served and the hearing of the application.

18. Dismissal for want of compliance with directions.

If the plaintiff does not duly comply with any directions given under Rule 17 the Court may dismiss the application.

19. Power to authorize defendant; Similar interests.

Where a defendant has been ordered to be added and there are other persons having the same or a similar interest the Court may order that the defendant be authorized to defend on behalf of or for the benefit of all persons so interested and that all persons so interested shall be bound by any order made in the proceedings.

20. Production of probate.

The administrator who is a party to proceedings under the Act shall produce the grant of administration to the Court on the hearing of the summons.

21. Order in favour of plaintiff to be in triplicate.

Where an order is made in favour of a plaintiff the plaintiff shall prepare a formal order in triplicate and lodge it with the Registrar.

22. Endorsement on probate.

The Registrar shall on receipt of the copies of the order cause a certified copy of the order to be endorsed on the grant of administration and as soon as that endorsement has been made he shall deliver -

(a) the grant of administration to the administrator or his solicitor; and

(b) a copy of the order to the plaintiff or his solicitor,

and shall retain on the probate file the other copy of the order.