Guardianship of Infants Act 1964

Court in making order to have regard to conduct of parent.


16.Where a parent has—

(a) abandoned or deserted a F61[child], or

(b) allowed a F61[child] to be brought up by another person at that person’s expense, or to be provided with assistance by a health authority under section 55 of the Health Act, 1953 or F62[to be maintained as described in section 15(2)(b) or (c) in the care of a health board F63[, the Health Service Executive or the Child and Family Agency]], for such a length of time and under such circumstances as to satisfy the court that the parent was unmindful of his parental duties,

the court shall not make an order for the delivery of the F61[child] to the parent unless the parent has satisfied the court that he is a fit person to have the custody of the F61[child].




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


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).


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

Editorial Notes:


Previous affecting provision: para. (b) amended (31.10.1995) by Child Care Act 1991 (17/1991), s. 77, S.I. No. 258 of 1995; substituted as per F-note above.