Maintenance Orders – The Practicalities

  • To seek maintenance the applicant will present at the District court at the public counter and they will get a case number
  • They will need to give the full name and address of the respondent
  • They will be called to the interview room to meet with 1 staff member. They will be encouraged not to bring children with them for this meeting
  • A summons will be sent to the respondent with the date for court and they will sign to say they received the summons
  • The applicant will complete a statement of means and a copy will be shared with the judge and the respondent
  • All cases listed for the day will arrive at 10am
  • There are 4/5 courts running on the day
  • The ‘call over’ will take place where everyone who is presenting for court that day will identify themselves and say if there is anything pressing the judge should be aware of, such as they have a mediated agreement.
  • Prisoners will be called first

The Court Hearing

  • All cases listed for the day will arrive at 10am.
  • There may be 4 -5 courts running on the day.
  • The ‘call over’ will then take place. The ‘call over’ is ‘in camera’ which means members of the public cannot be present. Everyone who is presenting for court that day will identify themselves and say if there is anything the judge should be aware of (this might be that the parties have mediated an agreement).
  • Once your case number is called (only your initials will be used to call your case), the Judge, the applicant, the respondent, along with any legal representatives, and the registrar will be the only people in the court room.
  • The case will not be heard unless both the applicant and the respondent are present.
  • Children will not be allowed in the court room.
  • A ‘statement of arrangements’ will be required from both parties. This is a document which sets out the arrangements for the children such as where they live, who they live with, what access arrangements are in place, where they go to school etc. The form can be accessed at courts.ie. You must complete this form if you are seeking maintenance, as well as the Statement of Means.
  • Both forms must be brought to court on the day and they will be filed in the court.
  • If an order for maintenance is made by the court, and the respondent does not pay, then you must, as the applicant, return to court and seek a new application and start the process again.