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Child Care Act 1991
Power to procure reports on children.
27.—(1) In any proceedings under Part IV F249[IVA (as amended by the Child Care (Amendment) Act 2011)] or VI the court may, of its own motion or on the application of any party to the proceedings, by an order under this section give such directions as it thinks proper to procure a report from such person as it may nominate on any question affecting the welfare of the child.
(2) In deciding whether or not to request a report under subsection (1) the court shall have regard to the wishes of the parties before the court where ascertainable but shall not be bound by the said wishes.
(3) A copy of any report prepared under subsection (1) shall be made available to the counsel or solicitor, if any, representing each party in the proceedings or, if any party is not so represented, to that party and may be received in evidence in the proceedings.
(4) Where any person prepares a report pursuant to a request under subsection (1), the fees and expenses of that person shall be paid by such party or parties to the proceedings as the court shall order.
(5) The court, if it thinks fit, or any party to the proceedings, may call the person making the report as a witness.
F250[(6) In subsection (3), a reference to a party includes a reference to a guardian ad litem, if any, appointed in accordance with Part VA in respect of the proceedings concerned.
(7) In this section, where the proceedings are proceedings under Part IVA, “court” means the High Court.]
Annotations
Amendments:
F249
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 14(a), S.I. No. 637 of 2017.
F250
Inserted (23.06.2026) by Child Care (Amendment) Act 2022 (21/2022), s. 8(d), S.I. No. 208 of 2026.
F251
Substituted by Family Courts Act 2024 (48/2024), s. 80(p), not commenced as of date of revision.
Modifications (not altering text):
C63
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.
…
C64
Prospective affecting provision: subs. (7) amended by Family Courts Act 2024 (48/2024), s. 80(p), not commenced as of date of revision.
F250[(7) In this section, where the proceedings are proceedings under Part IVA, "court" means the F251[Family High Court].]
Editorial Notes:
E113
Previous affecting provision: subss. (6), (7) inserted by Child Care (Amendment) Act 2011 (19/2011), s. 14(b), not commenced; s. 14(b) repealed (23.06.2026) by Child Care (Amendment) Act 2022 (21/2022), s. 2(b), S.I. No. 208 of 2026.