Child Care Act 1991

PART V

Jurisdiction and Procedure

Annotations:

Amendments:

F192

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 11, S.I. No. 637 of 2017.

Modifications (not altering text):

C19

References to Part IV of Act in Part V (Jurisdiction and Procedure) construed (29.07.2004) by Children Act 2001 (24/2001), s. 267(2), S.I. No. 468 of 2004.

Amendment of sections 17(2) and 59 of Act of 1991.

267.— ...

(2) References in Part V (Jurisdiction and Procedure) of the Act of 1991 to Part IV of that Act shall be construed as including references to Parts IVA and IVB (inserted by section 16 ) thereof.

Editorial Notes:

E89

District Court termed “Children Court” for the purpose of Part V of Act (23.07.2007) by Children Act 2001 (24/2001), s. 71(a), S.I. No. 524 of 2007.

Welfare of child to be paramount.

24

24.In any proceedings before a court under this Act in relation to the care and protection of a child F192 [ and in proceedings before the High Court under Part IVA (as amended by the Child Care (Amendment) Act 2011) in relation to special care ], the court, having regard to the rights and duties of parents, whether under the Constitution or otherwise, shall—

( a) regard the welfare of the child as the first and paramount consideration, and

( b) in so far as is practicable, give due consideration, having regard to his age and understanding, to the wishes of the child.

Annotations:

Amendments:

F192

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 11, S.I. No. 637 of 2017.