Guardianship of Infants Act 1964

Jurisdiction in guardianship matters.

5

F15[5.—(1) Subject to subsection (2) of this section, the jurisdiction conferred on a court by this Part may be exercised by the Circuit Court or the District Court.

(2) The District Court and the Circuit Court, on appeal from the District Court, shall not have jurisdiction to make an order under this Act for the payment of a periodical sum F16[at a rate greater than €150 per week towards the maintenance of a child or a lump sum order greater than €15,000 for the benefit of a child].

(3) The jurisdiction conferred by this Part is in addition to any other jurisdiction to appoint or remove guardians or as to the wardship of F17[children] or the care of F17[children]’s estates.]

Annotations

Amendments:

F15

Substituted (12.05.1982) by Courts Act 1981 (11/1981) s. 15(1)(a), commenced as per s. 33(3).

F16

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 46, S.I. No. 12 of 2016.

F17

Substituted (9.01.1998) by Children Act 1997 (40/1997), s. 12, commenced as per s. 1(2).

F18

Substituted by Family Courts Act 2024 (48/2024), s. 73(a)(i), (ii), not commenced as of date of revision.

Modifications (not altering text):

C8

Prospective affecting provision: subs. (1) amended, subs. (2) substituted by Family Courts Act 2024 (48/2024), s. 73(a)(i), (ii), not commenced as of date of revision.

F15[5.—(1) Subject to subsection (2) of this section, the jurisdiction conferred on a court by this Part may be exercised by the F18[Family Circuit Court or the Family District Court].

F18[(2) Subject to section 67 of the Family Courts Act 2024, the Family District Court and the Family Circuit Court, on appeal from the Family District Court, shall not have jurisdiction to make an order under this Act for the payment of a periodical sum at a rate greater than €500 per week towards the maintenance of a child or a lump sum order greater than €50,000 for the benefit of a child.]

...]

Editorial Notes:

E20

Previous affecting provision: amount of weekly payment increased (15.08.1991) by Courts Act 1991 (20/1991), s. 12, commenced as per s. 23(3).

E21

Previous affecting provision: subs. (2) amended (1.10.2002) by Courts and Court Officers Act 2002 (15/2002), s. 21, S.I. No. 407 of 2002; superseded as per F-note above.

E22

Previous affecting provision: subs. (2) amended (9.01.1998) by Children Act 1997 (40/1997), s. 12, commenced as per s. 1(2); superseded as per F-note above.