Guardianship of Infants Act 1964

F58 [ Power of Court to order repayment of costs of bringing up child.

15

15. (1) Where, upon application by a parent for the production of a child, the court finds that the child is being brought up at the expense of another person, the court may, in its discretion, if it orders that the child be given up to the parent, further order that the parent shall pay to that person the whole of the costs properly incurred by the person in bringing up the child or such portion of those costs as the court considers reasonable.

(2) Where, upon application by a parent for the production of a child, the court finds that

( a ) assistance has been provided for the child at any time by a health authority under section 55 of the Health Act 1953 ,

( b ) the child has been maintained in the care of a health board under section 4 of the Child Care Act 1991 at any time before the amendment of that provision by the Health Act 2004 , or

F59 [ (c) the child has been maintained in the care of the Health Service Executive under section 4 (as amended by section 4 of the Child Care (Amendment) Act 2011 ) of the Child Care Act 1991 or the Child and Family Agency. ]

the court may, in its discretion, if it orders that the child be given up to the parent, further order that the parent shall pay to the Health Service Executive F60 [ or the Child and Family Agency ] the whole of the costs properly incurred by the health authority in providing such assistance F59 [ , or by the Executive or the Agency ] in maintaining the child in care or such portion of those costs as the court considers reasonable.

(3) In determining the amount to be repaid under this section, the court shall have regard to the circumstances of the case including, in particular, the means of the parent. ]

Annotations:

Amendments:

F58

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 2, S.I. No. 887 of 2004, art. 2(j).

F59

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 1 item 1, S.I. No. 502 of 2013.

F60

Inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 1 item 1, S.I. No. 502 of 2013.

Editorial Notes:

E38

Previous affecting provision: par. (b) amended (31.10.1995) by Child Care Act 1991 (17/1991), s. 76, S.I. No. 258 of 1995; superseded as per F-note above.