Child Care Act 1991

Power to proceed in absence of child.

30

30. (1) It shall not be necessary in proceedings under Part III, IV F216 [ , IVA (as amended by the Child Care (Amendment) Act 2011) ] or VI for the child to whom the proceedings relate to be brought before the court or to be present for all or any part of the hearing unless the court, either of its own motion or at the request of any of the parties to the case, is satisfied that this is necessary for the proper disposal of the case.

(2) Where the child requests to be present during the hearing or a particular part of the hearing of the proceedings the court shall grant the request unless it appears to the court that, having regard to the age of the child or the nature of the proceedings, it would not be in the child’s interests to accede to the request.

F217 [ (3) In subsection (1) and (2) , where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), court means the High Court. ]

Annotations:

Amendments:

F216

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 16(a), S.I. No. 637 of 2017.

F217

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 16(b), S.I. No. 637 of 2017.