Child Care Act 1991

Power to procure reports on children.

27

27. (1) In any proceedings under Part IV F206 [ IVA (as amended by the Child Care (Amendment) Act 2011) ] or VI the court may, of its own motion or on the application of any party to the proceedings, by an order under this section give such directions as it thinks proper to procure a report from such person as it may nominate on any question affecting the welfare of the child.

(2) In deciding whether or not to request a report under subsection (1) the court shall have regard to the wishes of the parties before the court where ascertainable but shall not be bound by the said wishes.

(3) A copy of any report prepared under subsection (1) shall be made available to the counsel or solicitor, if any, representing each party in the proceedings or, if any party is not so represented, to that party and may be received in evidence in the proceedings.

(4) Where any person prepares a report pursuant to a request under subsection (1), the fees and expenses of that person shall be paid by such party or parties to the proceedings as the court shall order.

(5) The court, if it thinks fit, or any party to the proceedings, may call the person making the report as a witness.

Annotations:

Amendments:

F206

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 14(a), S.I. No. 637 of 2017.

F207

Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 14(b), not commenced as of date of revision.

Modifications (not altering text):

C21

Prospective affecting provision: subss. (6) and (7) inserted by Child Care (Amendment) Act 2011 (19/2011), s. 14(b), not commenced as of date of revision.

...

F207 [ (6) In this section, a reference to the party or parties includes a guardian ad litem , if any, appointed in accordance with section 26 (as amended by the Child Care (Amendment) Act 2011) in respect of the proceedings concerned.

(7) 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. ]