Guardianship of Infants Act 1964

F45 [ Relatives may apply for access to child.

11B

11B. (1) Any person who

( a ) is a relative of a child, or,

F46 [ (b) is a person with whom the child resides or has formerly resided, ]

and to whom section 11 does not apply may, subject to subsection (3), apply to the court for an order giving that person access to the child on such terms and conditions as the court may order.

(2) F47 [ ]

(3) In deciding whether to grant leave under subsection (1), the court shall have regard to all the circumstances, including in particular

( a ) the applicant s connection with the child,

( b ) the risk, if any, of the application disrupting the child's life to the extent that the child would be harmed by it,

(c) the wishes of the child s F48 [ guardians, ]

F49 [ (d) the views of the child, and

(e) whether it is necessary to make an order to facilitate the access of the person to the child. ]

(4) In this section, a relative of a child who is the subject of an adoption order includes

( a ) a relative of the child s adoptive parents,

( b ) the adoptive parents of the child s parents, or

( c ) a relative of the adoptive parents of the child s parents. ]

Annotations:

Amendments:

F45

Inserted (9.01.1998) by Children Act 1997 (40/1997), s. 9, commenced as per s. 1(2).

F46

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 55(a), S.I. No. 12 of 2016.

F47

Deleted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 55(b), S.I. No. 12 of 2016.

F48

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 55(c)(i), S.I. No. 12 of 2016.

F49

Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 55(c)(ii), S.I. No. 12 of 2016.

Modifications (not altering text):

C24

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. ]

...

C25

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.

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