How do I make an application?

In order to make an application for financial provision, you must first fill in and return to the court, two copies of Form 12 - Application For Financial Provision (Word doc) (PDF) and a sworn Affidavit of Means (Word doc) (PDF). . This form can also be obtained by coming in to the public counter at the courthouse or phoning the Courts Office.

Who can make an application?

Any of the following can make an application for financial provision in respect of children:

• a parent or guardian of the child;
• and person who has a residence order in respect of a child;
• the Department of Health and Social Security, where the child is in care; and
• a child of the family who has been given permission to apply for financial provision.

Who pays the costs for coming to court?

If you do not qualify for legal aid, the Deemster will make a provision in his order as to who will pay the costs of the court hearing and the advocates. He may decide to split the costs equally, or he may order that one party pay a greater percentage.

What happens next?

The court will then return two signed copies to you. One is for your own records, and one is the copy you must serve on the respondent in order to commence proceedings. If you cannot serve it yourself, you can instruct a coroner to do it for you. Information on coroners can be found here.

What can the respondent do?

The respondent can either;

• agree to pay the amount you have sought in the application;
• choose to defend the application in court; or
• choose not to reply to the application.

Be aware that the respondent does not have to inform you, or the court, that he has received the application. Hhe may just turn up to the court on the date and time shown on the application.