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Uncontested Extension of Interim Care Orders
- The President of the District Court has decided that given the developing COVID-19 situation and the need to focus on prevention of community spread of COVID-19 the following additional measures shall apply concerning the business of the Court regarding uncontested applications for Extensions of Interim Care Orders.
- Applications for Uncontested Extensions of Interim Care Order may be made by solicitors for the Applicant Child and Family Agency emailing to the relevant court office a scanned copy of a sworn Grounding Affidavit setting out the evidential grounds for the application and exhibiting the written consent from the respondent parent/s solicitors. This email must be copied to the solicitors for each of the parents, any notice parties and the Guardian ad Litem.
- Having received the email referred to in Paragraph 2 above the solicitor for the Guardian ad Litem must send to the relevant court office a scanned copy of a Report signed by each child’s Guardian ad litem setting out the support of the Guardian ad litem to the order sought and the reasons for their support referencing the wishes and welfare interests of the subject child/children.
- If the Respondent parent/s, having been advised of their entitlement to legal aid and having decided to proceed without legal representation, consent to the order being sought this is to be referred to in the Grounding Affidavit of the Applicant and the parent’s written consent exhibited.
- If Respondent parent/s cannot be located and/or found and/or are deceased and/or whereabouts unknown this must be referred to in the Grounding Affidavit of the Applicant.
- In cases where there is such consent and steps set out above have been followed the Court can decide the matter without requiring the solicitor to attend in person in court to move the application and without requiring the attendance of any of the parties and/or the Guardian ad litem and an Order Extending the Interim Care Order for the children will issue from the Court Office. The orders will date from the date specified in the application and a copy of the application with the consent will be placed on the court file.
- The Solicitors for the Applicant will be required to provide in their email accompanying their application an undertaking to file all original Affidavits at the relevant court office at the first available opportunity. Guardians ad litem or their solicitors will be required to provide an undertaking to file all original Reports at the relevant court office at first available opportunity.
- This Direction will be reviewed as the public health emergency develops and will apply until further notice.