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Child Care Act 1991
Presumption and determination of age.
32.—F281[(1)] In any application for an order under Part III, IV or VI, the court F282[, or for a special care order or an interim special care order under Part IVA (as amended by the Child Care (Amendment) Act 2011), the High Court)] shall make due inquiry as to the age of the person to whom the application relates and the age presumed or declared by the court F283[, or as the case may be, the High Court,] to be the age of that person shall, until the contrary is proved, for the purposes of this Act, be deemed to be the true age of that person.
F284[(2) Without prejudice to subsection (1), and subject to Chapter 3 of Part 3 of the International Protection Act 2026, an applicant within the meaning of that Act shall, following a notification under section 45 (1), (3) or (4) of that Act, be presumed to be a minor for the purposes of this Act.]
Annotations
Amendments:
F281
Renumbered (12.06.2026) by International Protection Act 2026 (9/2026), s. 296(a), S.I. No. 244 of 2026.
F282
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 18(a), S.I. No. 637 of 2017.
F283
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 18(b), S.I. No. 637 of 2017.
F284
Inserted (12.06.2026) by International Protection Act 2026 (9/2026), s. 296(b), S.I. No. 244 of 2026.
F285
Substituted by Family Courts Act 2024 (48/2024), s. 80(u), not commenced as of date of revision.
Modifications (not altering text):
C73
Prospective affecting provision: section applied with modifications by Mental Health Act 2026 (11/2026), s. 60(1), (2)(a), (2)(j), not commenced as of date of revision.
60. (1) Sections 21, 22, 24, 24A, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 35A to 35Q, 37 and 47 of the Act of 1991 shall, subject to the modifications specified in subsection (2), apply to proceedings under this Part as they apply to proceedings to which those sections apply.
(2) The modifications referred to in subsection (1) are as follows:
(a) references in a section specified in that subsection to proceedings or an order under Part III, IV, IVA, IVB, V, VA or VI of the Act of 1991 shall be construed as references to proceedings or an order under this Part;
…
(j) any other necessary modifications.
…
C74
Prospective affecting provision: section amended by Family Courts Act 2024 (48/2024), s. 80(u), not commenced as of date of revision.
32.—In any application for an order under Part III, IV or VI, the court F282[, or for a special care order or an interim special care order under Part IVA (as amended by the Child Care (Amendment) Act 2011), the F285[Family High Court]] shall make due inquiry as to the age of the person to whom the application relates and the age presumed or declared by the court F283[, or as the case may be, the F285[Family High Court],] to be the age of that person shall, until the contrary is proved, for the purposes of this Act, be deemed to be the true age of that person.