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60.5  Summons - Family Home Protection Act 1976 Section 9(4)

This is a Summons related to the Family Home Protection Act 1976, specifically under Section 9(4). You use this form when an action needs to be taken regarding family home protection rights.

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Form Overview

60.5  Summons - Family Home Protection Act 1976 Section 9(4)

This is a Summons related to the Family Home Protection Act 1976, specifically under Section 9(4). You use this form when an action needs to be taken regarding family home protection rights.

The form captures details about the parties involved and formally issues a summons under Section 9(4) of the Act. It declares what action is required from the person being summoned.

Risk Radar

  • Ensure you correctly cite 'Family Home Protection Act 1976 Section 9(4)' on the form.
  • Incorrectly identifying the summoning party
  • Missing details about the family home address
  • Failing to specify the exact S9(4) action required
  • Submitting the form to the wrong local court office

Plain English

Think of this as official paperwork telling someone they have been formally summoned by the Courts. It relates directly to keeping a family home protected under Irish law. This summons kicks off or documents a specific legal step within that protection framework.

Submission Date

  • The specific deadline depends on when the need for protection arises. Always check the court diary or a solicitor's advice for precise timing.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • Use this form when you need to start legal action based on the rights granted by the Family Home Protection Act 1976.
  • Specifically use it when the issue falls under Section 9(4) of that Act.
  • This summons tells another party they must appear in court regarding family home protection.
  • It is used when a simple letter or notice isn't enough to resolve the dispute.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Dispute over occupancy rightsForm 60.5 (or related Summons)This form specifically invokes Section 9(4) of the ActCheck if your issue fits S.9(4) criteria first.
General Family Home Protection IssueLikely a different Summons or NoticeIf the matter isn't strictly S.9(4), use the more general documentCheck the specific section cited in your case file.
Application for Order (not just summons)May require Form 60.5 with an attached motionUse this if you are asking the court to *make* a decision, not just summon someone to appearConfirm what action is required.

Deadline or filing window

The specific deadline depends on when the need for protection arises. Always check the court diary or a solicitor's advice for precise timing.

Before you submit

  • All required sections of Form 60.5 are completed (no blanks left).
  • The correct parties involved (applicant/respondent) are clearly named.
  • The specific grounds for needing protection under S.9(4) are detailed in the body.
  • A clear request or 'prayer' to the Court is stated at the end.
  • You have signed and dated the form correctly.

How to file this form

  1. 1Complete all sections of Form 60.5 clearly and accurately.
  2. 2Sign and date the summons where indicated.
  3. 3File the original form with the relevant County/Circuit Court office in Ireland.
  4. 4Serve a copy of the completed Summons on the other party according to court rules.
  5. 5Keep a dated receipt or proof of filing for your records.

Known limitations

  • This form alone does not guarantee a specific outcome; it only initiates action.
  • It is tied specifically to Section 9(4) and cannot be used for all family home disputes.
  • The required accompanying documents (if any) must match the form's requirements.
  • Not confirmed in official source: Whether service via email or postal mail is sufficient.

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Current Form Status

This is the standard Summons used under Section 9(4) of the Family Home Protection Act 1976. It remains a key document for initiating specific family home protection actions.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check the date printed on the form against your current documents.
  • Verify that Section 9(4) is correctly cited in the title/body.
  • Ensure spaces for parties' names and addresses are clear and legible.
  • Confirm if any new fields related to specific court rules have been added (not confirmed in official source).
  • Check the designated Court where the summons must be served.

Quick Facts

A party involved in a dispute regarding family home rights needs to file this form. This could be an applicant, another interested party, or someone instructed by a solicitor.
The form captures details about the parties involved and formally issues a summons under Section 9(4) of the Act. It declares what action is required from the person being summoned.
You submit this when the legal situation requires formal notification under S9(4). The exact timing depends on the events leading up to the need for protection.
Submission details are not confirmed in official source, but it must go through the Courts Service of Ireland. Check the specific court's requirements for submission method.
Submitting this form incorrectly can delay legal proceedings significantly. Errors mean the other party may not be properly notified of their obligations.
First, fill in all required details about the parties and the property. Next, clearly state what Section 9(4) action is being summoned. Finally, sign and date the document according to the Courts Service guidelines.

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

60.5  Summons - Family Home Protection Act 1976 Section 9(4)

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After you file

  • Track the filing receipt number provided by the Courts Service.
  • Ensure the other party receives and acknowledges service of the summons.
  • Prepare for the hearing date listed on the summons.
  • Keep copies of all correspondence related to this form.
  • Monitor the court diary for updates regarding your case.

Source and verification log

  • Issued by the Courts Service of Ireland (COURTS).
  • Official Form Number is 60.5.
  • Relates specifically to the Family Home Protection Act 1976.
  • The legal basis cited is Section 9(4).

Common confusion points

4 things to watch for

  • 1

    Confusing 'Applicant' with 'Respondent': Know who is starting the action versus who is being called to court.

  • 2

    Not understanding S.9(4): Assume it relates directly to a specific aspect of family home protection, not general rights.

  • 3

    Filing in the wrong Court: Ensure you use the correct local jurisdiction for service.

  • 4

    Mistaking this for an application form: A summons requires someone to *appear*; an application asks the court to *do* something.

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