Guardianship of Infants Act 1964

Applications to court.

11

11. (1) Any person being a guardian of a F36 [ child ] may apply to the court for its direction on any question affecting the welfare of the F36 [ child ] and the court may make such order as it thinks proper.

F37 [ (2) The court may by an order under this section

(a) give such directions as it thinks proper regarding the custody of the child and the right of access to the child of each of his or her parents, and

(b) order a parent of the child to pay towards the maintenance of the child such weekly or other periodical sum as, having regard to the means of the parent, the court considers reasonable. ]

F38 [ (3) An order under this section may be made on the application of either parent notwithstanding that the parents are then residing together, but an order made under paragraph (a) of subsection (2) shall not be enforceable and no liability thereunder shall accrue while they reside together, and the order shall cease to have effect if for a period of three months after it is made they continue to reside together. ]

F37 [ (4) In the case of a child whose parents have not married each other

(a) a reference in subsection (2)(b) to a parent of that child shall be construed as including a parent who is not a guardian of the child, and

(b) the right to make an application under this section regarding the custody of the child and the right of access thereto of each of his or her parents shall extend to a parent who is not a guardian of the child, and for this purpose references in this section to the parent of a child shall be construed as including such a parent. ]

F39 [ (5) The court may, of its own motion or on an application under this section, by an order under this section give such directions as it thinks proper to procure a report from such person as it may nominate on any question affecting the welfare of the F40 [ child ] . ]

F41 [ (5) A reference in subsection (2)( b ) to a child shall include a reference to a person who

( a ) has not attained the age of 18 years, or

( b ) has attained the age of 18 years and is or will be, or if any order were made under this Act providing for payment of maintenance for the benefit of the person, would be, receiving full-time education or instruction at a university, college, school or other educational establishment, and who has not attained the age of 23 years.

(6) Subsection (2) ( b ) shall apply to and in relation to a person who has attained the age of 18 years and has a mental or physical disability to such extent that it is not reasonably possible for the person to maintain himself or herself fully, as it applies to a child. ]

F39 [ (6) In deciding whether or not to request a report under subsection (5) of this section the court shall have regard to the wishes of the parties before the court where ascertainable but shall not be bound by the said wishes.

(7) A copy of any report prepared under subsection (5) shall be made available to the barrister or solicitor, if any, representing each party in the proceedings or, if any party is not so represented, to that party and may be received in evidence in the proceedings.

(8) Where any person prepares a report pursuant to a request under subsection (5) of this section, the fees and expenses of that person shall be paid by such party or parties to the proceedings as the court shall order.

(9) The court may, if it thinks fit, or either party to the proceedings may, call the person making the report as a witness. ]

F42 [ (10) An application under subsection (1) shall be on notice to each other person who is a parent or guardian of the child concerned. ]

Annotations:

Amendments:

F36

Substituted (9.01.1998) by Children Act 1997 (40/1997), s. 12, commenced as per s. 1(2).

F37

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 53(a) and (b), S.I. No. 12 of 2016.

F38

Substituted (1.03.1985) by Age of Majority Act 1985 (2/1985), s. 6(a), commenced as per s. 9(2).

F39

Inserted (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 40, commenced as per s. 46(2).

F40

Substituted (9.01.1998) by Children Act 1997 (40/1997), s. 12, commenced as per s. 1(2).

F41

Substituted (9.01.1998) by Children Act 1997 (40/1997), s. 8, commenced as per s. 1(2).

F42

Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 53(c), S.I. No. 12 of 2016.

Modifications (not altering text):

C15

Power to give directions under section provided (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 5(2), commenced as per s. 1(2).

Grant of decree of divorce and custody etc., of children.

5.— ...

(2) Upon the grant of a decree of divorce, the court may, where appropriate, give such directions under section 11 of the Act of 1964 as it considers proper regarding the welfare (within the meaning of that Act), custody of, or right of access to, any dependent member of the family concerned who is an infant (within the meaning of that Act) as if an application had been made to it in that behalf under that section.

C16

Power to make an orders under section provided (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 11(b), commenced as per s. 1(2).

Preliminary orders in proceedings for divorce.

11.—Where an application is made to the court for the grant of a decree of divorce, the court, before deciding whether to grant or refuse to grant the decree, may, in the same proceedings and without the institution of proceedings under the Act concerned, if it appears to the court to be proper to do so, make one or more of the following orders— ...

(b) an order under section 11 of the Act of 1964,

...

Miscellaneous ancillary orders.

15.—(1) On granting a decree of divorce or at any time thereafter, the court, on application to it in that behalf by either of the spouses concerned or by a person on behalf of a dependent member of the family, may, during the lifetime of the other spouse or, as the case may be, the spouse concerned, make one or more of the following orders: ...

(f) an order under section 11 of the Act of 1964,

...

C17

Provision for certain orders made under subs. (2)(b) not to be stayed made (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 25(a), commenced as per s. 1(2).

Stay on certain orders the subject of appeal.

25.—Where an appeal is brought from an order under—

(a) section 11 (2) (b) of the Act of 1964,

...

the operation of the order shall not be stayed unless the court that made the order or to which the appeal is brought directs otherwise.

C18

Power to make orders under Act provided (1.08.1996) by Family Law Act 1995 (26/1995), ss. 6(b) and 10(1)(f), S.I. No. 46 of 1996.

Preliminary orders in proceedings for judicial separation.

6.— Where an application is made to the court for the grant of a decree of judicial separation, the court, before deciding whether to grant or refuse to grant the decree, may, in the same proceedings and without the institution of proceedings under the Act concerned, if it appears to the court to be proper to do so, make one or more of the following orders— ...

(b) an order under section 11 of the Act of 1964,

...

Miscellaneous ancillary orders.

10.— (1) On granting a decree of judicial separation, the court, on application to it in that behalf by either of the spouses concerned or by a person on behalf of a dependent member of the family, may, during the lifetime of the other spouse or, as the case may be, the spouse concerned, make one or more of the following orders: ...

(f) an order under section 11 of the Act of 1964.

...

C19

Power to make care order provided (31.10.1995) by Child Care Act 1991 (17/1991), s. 20, S.I. No. 258 of 1995; as substituted (9.01.1998) by Children Act 1997 (40/1997), s. 17, commenced as per s. 9(2); and as amended (1.01.2005) by Health Act 2004 (2/2004), s. 75 and sch. 7 part 6 item 19, S.I. No. 887 of 2004.

Proceedings under Guardianship of Infants Act, 1964, Judicial Separation and Family Law Reform Act, 1989, etc.

[20.—(1) Where in any proceedings under section 7, 8, 11, 11B or Part III of the Guardianship of Infants Act, 1964, or in any case to which—

(a) section 3 (3) of the Judicial Separation and Family Law Reform Act, 1989,

(b) section 6(b) or 10(f) of the Family Law Act, 1995, or

(c) section 5(2), 11(b) or 41 of the Family Law (Divorce) Act, 1996,

relates, or in any other proceedings for the delivery or return of a child, it appears to the court that it may be appropriate for a care order or a supervision order to be made with respect to the child concerned in the proceedings, the court may, of its own motion or on the application of any person, adjourn the proceedings and direct [the Health Service Executive ] to undertake an investigation of the child’s circumstances. ]

...

C20

Power to make care order provided (31.10.1995) by Child Care Act 1991 (17/1991), s. 20, S.I. No. 258 of 1995; as substituted (9.01.1998) by Children Act 1997 (40/1997), s. 17, commenced as per s. 9(2); and as amended (1.01.2005) by Health Act 2004 (2/2004), s. 75 and sch. 7 part 6 item 19, S.I. No. 887 of 2004.

Proceedings under Guardianship of Infants Act, 1964, Judicial Separation and Family Law Reform Act, 1989, etc.

[20.—(1) Where in any proceedings under section 7, 8, 11, 11B or Part III of the Guardianship of Infants Act, 1964, or in any case to which—

(a) section 3 (3) of the Judicial Separation and Family Law Reform Act, 1989,

(b) section 6(b) or 10(f) of the Family Law Act, 1995, or

(c) section 5(2), 11(b) or 41 of the Family Law (Divorce) Act, 1996,

relates, or in any other proceedings for the delivery or return of a child, it appears to the court that it may be appropriate for a care order or a supervision order to be made with respect to the child concerned in the proceedings, the court may, of its own motion or on the application of any person, adjourn the proceedings and direct [the Health Service Executive ] to undertake an investigation of the child’s circumstances. ]

...

C21

Power to make give directions under Act provided (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 3(3), commenced as per s. 46(2).

Grant of decree of judicial separation, custody, etc of children.

3.— ...

(3) Upon the granting of a decree of judicial separation by the court, the court may, where appropriate, by order give such directions under section 11 of the Guardianship of Infants Act, 1964, as it thinks proper regarding the welfare or custody of, or right of access to, an infant (being an infant within the meaning of that Act) as if an application had been made under that section.

C22

Power to make an order under Act provided (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 11(b) and 16(g), commenced as per s. 46(2).

Preliminary orders in judicial separation proceedings.

11.—After an application for a decree of judicial separation has been issued, the court, before deciding whether to grant or refuse to grant such decree, may if it appears to the court proper to do so make any one or more of the following orders— ...

(b) a custody or access order or other order on any question affecting the welfare of an infant pursuant to section 11 of the Guardianship of Infants Act, 1964 ;

...

Miscellaneous ancillary orders.

16.—On granting a decree of judicial separation or at any time thereafter, the court may, on application to it by either spouse, make any one or more of the following orders: ...

(g) an order under section 11 of the Guardianship of Infants Act, 1964 concerning any dependent child of the family.

C23

Enforcement of orders under section provided (12.07.1986) by Courts (No. 2) Act 1986 (26/1986), s. 5, commenced on enactment; as amended (9.01.1998) by Children Act 1997 (40/1997), s. 14(a) and (b), commenced as per s. 1(2). The Fines Act 2010 (8/2010). ss. 3 and 6, table, ref. no. 1 applies to the fine in subs. (2), making it not greater than €2,500 but greater than €1,000.

Enforcement of certain orders under Guardianship of Infants Act 1964.

5.—(1) In this section “the Act of 1964” means the Guardianship of Infants Act, 1964, as amended by the Courts Act, 1981, [the Age of Majority Act, 1985, the Status of Children Act, 1987, and the Children Act, 1997 ].

(2) Without prejudice to the law as to contempt of court, where the District Court has made an order under [section 7, 11 or 11B ] of the Act of 1964 containing a direction regarding—

(a) the custody of an infant, or

(b) the right of access to an infant,

any person having the actual custody of the infant who, having been given or shown a copy of the order and—

(i) having been required, by or on behalf of a person to whom the custody of the infant is committed by the direction, to give up the infant to that person, or

(ii) having been required, by or on behalf of a person entitled to access to the infant in accordance with the direction, to allow that person to have such access,

fails or refuses to comply with the requirement shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [£1,500 ] or, at the discretion of the Court, to imprisonment for a term not exceeding [twelve months ] or to both such fine and such imprisonment.

...

Editorial Notes:

E32

Power to make order under section in proceedings under Domestic Violence Act 2018 prescribed (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 15(1), (2)(a), S.I. No. 532 of 2018.

E33

The duplicate numbering of subss. (5) and (6) appears in the original amendments. The Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 40, which inserted subss. (5) to (9) above, was repealed (1.08.1996) by Family Law Act 1995 (26/1995), s. 3 and sch., S.I. No. 46 of 1996. The 1995 Act, s. 47 made alternative provision for social reports in proceedings, which would indicate that it was intended to repeal the versions of subss. (5) and (6) above which provide for welfare reports, and subss. (7) to (9) also dealing with welfare reports.

E34

Previous affecting provision: subss. (2) and (4) amended (9.01.1998) by Children Act 1997 (40/1997), s. 12, commenced as per s. 1(2); substituted as per F-note above.

E35

Previous affecting provision: subs. (4) substituted (14.06.1988) by Status of Children Act 1987 (26/1987), s. 13, commenced as per s. 1(2)(b); substituted as per F-note above.

E36

Previous affecting provision: subs. (5) inserted (1.03.1985) by Age of Majority Act 1985 (2/1985), s. 6(b), commenced as per s. 9(2); substituted as per F-note above.