Guardianship of Infants Act 1964

Appointment and removal of guardians by court.

8

8. (1) Where a F30 [ child ] has no guardian, the court, on the application of any person or persons, may appoint the applicant or applicants or any of them to be the guardian or guardians of the F30 [ child ].

(2) When no guardian has been appointed by a deceased parent or if a guardian so appointed dies or refuses to act, the court may appoint a guardian or guardians to act jointly with the surviving parent.

(3) A guardian appointed by the court to act jointly with a surviving parent shall continue to act as guardian after the death of the surviving parent.

F31 [ (4) A guardian

(a) appointed by will or deed,

(b) appointed by order of the court,

(c) holding office by virtue of the circumstances set out in subsection (4) or (4A) of section 2, or subsection (3) or (4) of section 6B, or

(d) holding office by virtue of section 6D, and subject to subsection (2) of that section,

may be removed from office only by the court. ]

(5) The court may appoint another guardian in place of a guardian so removed or in place of a guardian appointed by any such order who dies.

F32 [ (6) The court may, on application by a guardian or a proposed guardian make an order removing from office a guardian (including a guardian who is the applicant)

(a) appointed pursuant to section 6A, 6C, 7 or subsection (1) or (2), or

(b) who holds office by virtue of the circumstances set out in subsection (4) or (4A) of section 2, or subsection (3) or (4) of section 6B, or

(c) who holds office by virtue of section 6D.

(7) The court shall remove a guardian from office under subsection (6) only where

(a) there is another guardian in place or about to be appointed,

(b) the court is satisfied that it is in the best interests of the child that the guardian be removed from office,

(c) for substantial reasons that appear to it to be sufficient, the court considers it necessary or desirable to do so, and

(d) the guardian who is to be removed from office

(i) consents to the removal,

(ii) is unable or unwilling to exercise the powers, responsibilities and entitlements of guardianship in respect of the child, or

(iii) has failed in his or her duty towards the child to such extent that the safety or welfare of the child is likely to be prejudicially affected if he or she is not removed from office. ]

Annotations:

Amendments:

F30

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

F31

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 51(a), S.I. No. 12 of 2016, other than in so far as this section as amended relates to s. 6B; and (4.05.2020) in so far as this section as amended relates to s. 6B, S.I. No. 624 of 2019.

F32

Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 51(b), S.I. No. 12 of 2016, other than in so far as this section as amended relates to s. 6B; and (4.05.2020) in so far as this section as amended relates to s. 6B, S.I. No. 624 of 2019..

Modifications (not altering text):

C12

Application of section extended (1.01.2011) by Protection of Children (Hague Convention) Act 2000 (37/2000), s. 3(2)(e), S.I. No. 650 of 2010.

Application of Convention in the State.

3.— ...

(2) ...

(e) The definition of “father” in section 2 (inserted by the Children Act, 1997) of the Guardianship of Infants Act, 1964, shall include the father of a child who has, by virtue of Article 16, acquired parental responsibility corresponding to guardianship in relation to the child by operation of the law of a state other than the State, and section 8(4) (which provides that certain guardians may be removed from office only by the court), as so inserted, of that Act shall apply in relation to such a father.

...

C13

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. ]

...

Editorial Notes:

E31

Note: amendments to subss. (4), (6) and (7) commenced only in part; see F-notes above.