Child Care Act 1991

Appointment of guardian ad litem for a child.

26

26. (1) If in any proceedings under Part IV F198 [ , IVA (as amended by the Child Care (Amendment) Act 2011) ] or VI the child to whom the proceedings relate is not a party, the court may, if it is satisfied that it is necessary in the interests of the child and in the interests of justice to do so, appoint a guardian ad litem for the child.

(2) Any costs incurred by a person in acting as a guardian ad litem under this section shall be paid by the F199 [ Child and Family Agency ]. The F199 [ Child and Family Agency ] may apply to the court to have the amount of any such costs or expenses measured or taxed.

(3) The court which has made an order under subsection (1) may, on the application to it of F200 [ the F199 [ Child and Family Agency ] ], order any other party to the proceedings in question to pay to F200 [ the F201 [ Agency ] ] any costs or expenses payable by F200 [ the F201 [ Agency ] ] under subsection (2).

(4) Where a child in respect of whom an order has been made under subsection (1) becomes a party to the proceedings in question (whether by virtue of an order under section 25 (1) or otherwise) then that order shall cease to have effect.

F202 [ (5) In this section, where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), court means the High Court. ]

Annotations:

Amendments:

F198

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 13(a) , S.I. No. 637 of 2017.

F199

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F200

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 39, S.I. No. 887 of 2004.

F201

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F202

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 13(e), S.I. No. 637 of 2017.

F203

Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 13(b), not commenced as of date of revision.

F204

Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 13(c), not commenced as of date of revision.

F205

Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 13(d), not commenced as of date of revision.

Modifications (not altering text):

C20

Prospective affecting provision: words inserted in subs. (2) and new subss. (2A), (2B), (2C) and (3A) inserted by Child Care (Amendment) Act 2011 (19/2011), s. 13(b)-(d), not commenced as of date of revision.

(2) Any costs F203 [ reasonably ] incurred by a person in acting as a guardian ad litem under this section shall be paid by the F199 [ Child and Family Agency ]. The F199 [ Child and Family Agency ] may apply to the court to have the amount of any such costs or expenses measured or taxed.

F204 [ (2A) Where the court makes an appointment under subsection (1) (as amended by the Child Care (Amendment) Act 2011), without prejudice to the generality of subsection (1) , the court shall give directions relating to the service of documents for the proceedings concerned on the guardian ad litem .

(2B) A guardian ad litem shall for the purpose of the proceedings for which he or she is appointed promote the best interests of the child concerned and convey the views of that child to the court, in so far as is practicable, having regard to the age and understanding of the child.

(2C) Where the court makes an appointment under subsection (1) (as amended by the Child Care (Amendment) Act 2011)

( a ) the guardian ad litem concerned may instruct a solicitor to represent him or her in respect of those proceedings and, if necessary, having regard to the circumstances of the case, may instruct counsel in respect of those proceedings, and

( b ) where a guardian ad litem instructs a solicitor or counsel or both pursuant to paragraph ( a ), the costs and expenses reasonably incurred for that purpose shall be paid by the F199 [ Child and Family Agency ] and the F199 [ Child and Family Agency ] may apply to the court to have the amount of any such costs or expenses measured or taxed. ]

...

F205 [ (3A) The court may, on the application to it of the F199 [ Child and Family Agency ] , order any other party to the proceedings in question to pay to the F199 [ Child and Family Agency ] any costs or expenses payable by the F199 [ Child and Family Agency ] under subsection (2C) . ]

...

Editorial Notes:

E91

Prospective affecting provision: subss. (2C) and (3A) are amended by substitution of “Child and Family Agency” for “Health Service Executive” by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 6, not commenced as of date of revision. This amendment was already made by Child and Family Agency Act 2013, see F-note above. The subsections were inserted by Child Care (Amendment) Act 2011, s. 13(c), not commenced as of date of revision, and are therefore prospective affecting provisions, see C-note above.

E92

Guardian ad litem appointed under section designated as a prescribed person for the purposes of Civil Liability and Courts Act 2004 (31/2004), s. 40(4) (1.07.2005) by Civil Liability and Courts Act 2004 (Section 40(4)) Order 2005 (S.I. No. 338 of 2005), art. 3 and sch. item 19.

E93

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subs. (2) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 39, S.I. No. 887 of 2004; substituted as per F-note above.