Child Care Act 1991

Welfare of child to be paramount.


F198[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.]




Substituted (21.09.2022) by Child Care (Amendment) Act 2022 (21/2022), s. 4, S.I. No. 464 of 2022.

Editorial Notes:


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.