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Child Care Act 1991
Welfare of child to be paramount.
F238[24.—(1) In any proceedings before a court under this Act in relation to the care and protection of a child, including proceedings before the High Court under Part IVA in relation to special care, the court shall regard the best interests of the child as the paramount consideration in the resolution of such proceedings.
(2) In determining for the purposes of subsection (1) what is in the best interests of the child, the court shall have regard to all of the factors or circumstances that it considers relevant to the child including—
(a) the child’s age, maturity and any special characteristics of the child,
(b) the benefit to the child of having a meaningful relationship with his or her parents and with any other relatives and persons who are involved in the child’s upbringing,
(c) the views of the child where he or she is capable of forming, and has chosen to express, such views,
(d) the physical, psychological and emotional needs of the child,
(e) the social, intellectual and educational needs of the child,
(f) the religious, spiritual, cultural and linguistic upbringing and needs of the child, and
(g) any harm which the child has suffered or is at risk of suffering, including harm as a result of household violence, and the protection of the child’s safety and psychological well-being.
(3) In this section, "household violence" has the same meaning as it has in section 31 (7) of the Guardianship of Infants Act 1964.]
Annotations
Amendments:
F238
Substituted (21.09.2022) by Child Care (Amendment) Act 2022 (21/2022), s. 4, S.I. No. 464 of 2022.
F239
Substituted by Family Courts Act 2024 (48/2024), s. 80(l), not commenced as of date of revision.
Modifications (not altering text):
C57
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.
...
C58
Prospective affecting provision: subs. (1) amended by Family Courts Act 2024 (48/2024), s. 80(l), not commenced as of date of revision.
F238[24.—(1) In any proceedings before a court under this Act in relation to the care and protection of a child, including proceedings before the F239[Family High Court] under Part IVA in relation to special care, the court shall regard the best interests of the child as the paramount consideration in the resolution of such proceedings.
...]
Editorial Notes:
E101
Previous affecting provision: section amended (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 11, S.I. No. 637 of 2017; substituted as per F-note above.