Child Care Act 1991

F195[Offences.

23NP

23NP.(1) Without prejudice to the law relating to contempt of court, where the High Court

(a) makes an order under section 23H(3)(a),

(b) makes an order under section 23L(4)(a), or

(c) makes an order under section 23NI(4),

and the person who has actual custody of the child has been given or shown a copy of the order referred to in paragraph (a), (b) or (c) and has been required, by or on behalf of the F196[Child and Family Agency], to give up that child to the F196[Child and Family Agency], and that person fails or refuses to comply with the order, that person shall be guilty of an offence and shall be liable on summary conviction to a class B fine or imprisonment for a term not exceeding 6 months or both.

(2) Without prejudice as to the law as to contempt of court, where a special care order or an interim special care order has been made in respect of a child, a person who

(a) without lawful authority, removes that child from

(i) a special care unit,

(ii) the custody of the F196[Child and Family Agency], any person who is taking care of the child on behalf of the F196[Child and Family Agency] or a person referred to in section 23B(4), or

(iii) the place to which he or she has been released under section 23NF or 23NG,

or

(b) prevents the child, where that child is released from the special care unit in accordance with section 23NF or 23NG, from returning to

(i) the special care unit, or

(ii) the custody of the F196[Child and Family Agency] or a person referred to in paragraph (a)(ii),

shall be guilty of an offence and shall be liable on summary conviction to a class B fine or imprisonment for a term not exceeding 6 months or both.

(3) For the purposes of this section, a person shall be deemed to have been given or shown a copy of an order referred to in paragraph (a), (b) or (c) of subsection (1) if that person was present at the sitting of the High Court at which that order was made.]

Annotations

Amendments:

F195

Substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017), subject to transitional provisions in s. 48. A class B fine means a fine not greater than €4,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(1), S.I. No. 662 of 2010.

F196

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

F197

Substituted by Family Courts Act 2024 (48/2024), s. 80(h), not commenced as of date of revision.

Modifications (not altering text):

C47

Prospective affecting provision: subss. (1), (3) amended by Family Courts Act 2024 (48/2024), s. 80(h), not commenced as of date of revision.

F195[ ...

23NP.(1) Without prejudice to the law relating to contempt of court, where the F197[Family High Court]

...

(3) For the purposes of this section, a person shall be deemed to have been given or shown a copy of an order referred to in paragraph (a), (b) or (c) of subsection (1) if that person was present at the sitting of the F197[Family High Court] at which that order was made.]