C34

Prospective affecting provision: section inserted by Guardianship of Infants and Child Care (Amendment) Act 2026 (30/2026), s. 3, not commenced as of date of revision.

F74[12D.—(1) Where—

(a) a person (in this section referred to as the "convicted guardian") who is a guardian of a child is convicted on indictment in the State of a serious offence the victim of which is a person who was, at the time of the commission of the offence, another guardian of the child concerned (in this section referred to as the "victim guardian"),

(b) the commission of the serious offence referred to in paragraph (a) against the victim guardian has affected the safety or welfare of the child concerned thereby requiring a change to his or her care or guardianship, namely, that—

(i) another guardian (other than the convicted guardian or the victim guardian) has been appointed for the child concerned,

(ii) the child concerned has been taken into the care of the Child and Family Agency under section 4 of the Act of 1991 or the child concerned is the subject of a private foster care arrangement under Part IVB of the Act of 1991, or

(iii) an interim care order, a care order, an interim special care order or a special care order has been made and has effect in respect of the child concerned,

and

(c) the Child and Family Agency has reasonable cause to believe that the convicted guardian has failed in his or her duty towards the child concerned to such extent that the safety or welfare of that child is likely to be prejudicially affected if an order under subsection (3) is not made by the court,

the Child and Family Agency may, if it considers it appropriate to do so, as soon as practicable but not later than 6 months after the conviction or any extension of that period under subsection (2), apply to the court in that behalf for an order under subsection (3).

(2) The court may extend the period for the making of an application under subsection (1) only where it is satisfied that—

(a) there is good and sufficient reason for doing so, and

(b) it is in the best interests of the child concerned to do so.

(3) Subject to subsection (4), on an application under subsection (1), the court may, having regard to the extent of the failure of duty of the convicted guardian towards the child concerned— (a) make an order restricting the powers and duties of the convicted guardian as guardian of the child concerned in such manner as the court considers appropriate, or (b) make an order removing from office the convicted guardian as guardian of the child concerned.

(4) The court may make an order under paragraph (a) or (b) of subsection (3) only where—

(a) the court is satisfied that the convicted guardian has failed in his or her duty towards the child concerned to such extent that the safety or welfare of that child is likely to be prejudicially affected if an order under the said paragraph (a) or (b), as may be appropriate, is not made,

(b) the court is satisfied that it is in the best interests of the child concerned for the order concerned to be made, and

(c) subject to subsection (5), either—

(i) there is a guardian (other than the convicted guardian) of the child concerned in place who is able and willing to exercise the powers and duties as such guardian, or

(ii) an interim care order, a care order, an interim special care order or a special care order has been made and has effect in respect of the child concerned.

(5) (a) If, upon the determination of an application under subsection (1), subparagraph (i) or (ii) of subsection (4)(c) is not satisfied in respect of the child concerned, the court may nevertheless make an order under paragraph (a) or (b) of subsection (3) in respect of that child if it considers that it is appropriate to do so, but that order shall not have effect until subparagraph (i) or (ii), as may be appropriate, of subsection (4)(c) has been so satisfied.

(b) The Child and Family Agency shall, as soon as may be after the coming into effect, by virtue of paragraph (a), of an order under paragraph (a) or (b) of subsection (3), inform the convicted guardian and the child concerned thereof.

(6) An order under subsection (3) may—

(a) specify the period for which it shall remain in effect, and

(b) impose such conditions relating to a review by the court of the order as the court considers necessary in the best interests of the child concerned.

(7) If, and for so long as—

(a) the powers and duties of the convicted guardian as guardian of the child concerned are restricted under subsection (3)(a), or

(b) the convicted guardian is removed from office as guardian of the child concerned under subsection (3)(b),

the convicted guardian shall be precluded from making an application or, as may be appropriate, being the subject of an order, under section 6A, 6C, 6E, 6F or 8 in respect of that child.

(8) In this section, "serious offence" means any offence—

(a) which involves the causing of serious harm to the victim guardian, and

(b) for which a person of full age and capacity and not previously convicted may, under or by virtue of any enactment or the common law, be punished by imprisonment for a term of not less than 10 years or by a more severe penalty.]