Judicial Separation and Family Law Reform Act 1989

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

3

3. (1) Where, on an application under section 2 of this Act, the court is satisfied that any of the grounds referred to in subsection (1) of that section which have been relied on by the applicant have been proved on the balance of probabilities, the court shall, subject to subsection (2) of this section and sections 5 and 6 of this Act, grant a decree of judicial separation in respect of the spouses concerned.

(2) ( a) Where there are, in respect of the spouses concerned, any dependent children of the family, the court shall not grant a decree of judicial separation unless the court—

F3 [ (i) is satisfied that such provision exists or has been made, or ]

(ii) intends by order upon the granting of the decree to make such provision,

for the welfare of those children as is proper in the circumstances.

( b) In this subsection—

dependent children of the family” has the same meaning as it has for the purposes of Part II of this Act;

welfare” comprises the religious and moral, intellectual, physical and social welfare of the children concerned.

(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.

Annotations:

Amendments:

F3

Substituted (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 45(a), commenced as per s. 1(2).

Editorial Notes:

E2

Power granted to Court, in proceedings relating to subs. (3), to direct the HSE to undertake an investigation of a child’s circumstances (31.10.1995) by Child Care Act 1991 (17/1991), s. 20(1), S.I. No. 258 of 1995; as substituted (9.01.1998) by Children Act 1997 (40/1997), s. 17, commenced as per s. 1(2), and as amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6, S.I. No. 887of 2004.