Family Law Act 1995

Social reports in family law proceedings.

47

47.(1) In proceedings to which this section applies, the court may, of its own motion or on application to it in that behalf by a party to the proceedings, by order give such directions as it thinks proper for the purpose of procuring a report in writing on any question affecting the welfare of a party to the proceedings or any other person to whom they relate from—

(a) such probation and welfare officer (within the meaning of the Child Abduction and Enforcement of Custody Orders Act, 1991) as the Minister for Justice may nominate,

F62[(b) such person nominated by the F63[Child and Family Agency] specified in the order as the F63[Child and Family Agency] may nominate, being a person who in its opinion is suitably qualified for the purpose, or]

(c) any other person specified in the order.

(2) In deciding whether or not to make an order under subsection (1), the court shall have regard to any submission made to it in relation to the matter by or on behalf of a party to the proceedings concerned or any other person to whom they relate.

(3) A copy of a report under subsection (1) shall be given to the parties to the proceedings concerned and (if he or she is not a party to the proceedings) to the person to whom it relates and may be received in evidence in the proceedings.

(4) The fees and expenses incurred in the preparation of a report under subsection (1) shall be paid by such parties to the proceedings concerned and in such proportions, or by such party to the proceedings, as the court may determine.

(5) The court or a party to proceedings to which this section applies may call as a witness in the proceedings a person who prepared a report under subsection (1) pursuant to an order under that subsection in those proceedings.

(6) F64[This section] applies to proceedings—

(a) under the Act of 1964,

(b) under the Act of 1976,

(c) under the Family Home Protection Act, 1976,

F65[(d) under the Act of 2018,]

(e) under the Status of Children Act, 1987,

(f) under the Act of 1989,

(g) under the Child Abduction and Enforcement of Custody Orders Act, 1991,

(h) in relation to an application for a decree of nullity, and

(i) under this Act.

(7) F66[]

Annotations

Amendments:

F62

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 13, S.I. No. 887 of 2004.

F63

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 92 and sch. 2 part 6 item 1, S.I. No. 502 of 2013.

F64

Substituted (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 52(p)(a), commenced as per s. 1(2).

F65

Substituted (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 45(1)(g), S.I. No. 532 of 2018.

F66

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 13, S.I. No. 887 of 2004.

Modifications (not altering text):

C11

Application of section extended (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 42, commenced as per s. 1(2).

Social reports in family law proceedings

42.—Section 47 of the Act of 1995 shall apply to proceedings under this Act.

Editorial Notes:

E45

Previous affecting provision: subs. (7) amended (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 52(p)(b), commenced as per s. 1(2); deleted as per F-note above.

E46

Previous affecting provision: subs. (6)(d) substituted (27.03.1996) by Domestic Violence Act 1996 (1/1996), s. 21(d), commenced as per s. 25(1); substituted as per F-note above.