C61

Prospective affecting provision: subss. (1), (2) substituted, (1A), (2A), (2B) inserted, (3), (4) amended by Family Courts Act 2024 (48/2024), s. 80(q)(i)-(vi), not commenced as of date of revision.

28.—F259[(1) (a) The Family District Court and the District Court shall have jurisdiction to hear and determine proceedings under Part III.

(b) The Family District Court shall concurrently with the Family Circuit Court have jurisdiction to hear and determine proceedings under Part IV or VI.

(c) The Family Circuit Court shall have jurisdiction to hear and determine appeals—

(i) in proceedings under Part III, from the Family District Court and the District Court, and

(ii) in proceedings under Part IV or VI, from the Family District Court.]

F260[(1A) The Family District Court and the Family Circuit Court, on appeal from the Family District Court, shall have jurisdiction to hear and determine summary proceedings for an offence under section 23NP or 23W.]

F259[(2) (a) Subject to section 13(4), proceedings under Part III may be brought, heard and determined before and by a judge of the Family District Court or the District Court for the time being assigned to the Family District Court district or district court district, as the case may be, where the child resides or is for the time being.

(b) Proceedings under Part IV or VI may be brought, heard and determined before and by a judge of the Family District Court or the Family Circuit Court for the time being assigned to the Family District Court district or Family Circuit Court circuit, as the case may be, where the child resides, has resided or is proposed to reside or is for the time being.]

F260[(2A) Notwithstanding subsection (2), where, on the application of a party to the proceedings or of his or her own motion, the judge to whom the originating application in the proceedings was made decides that it would be in the best interests of a child whose welfare is the subject of the proceedings, or otherwise appropriate to do so in a specific case, that jurisdiction may be exercised by a judge of another Family District Court district or Family Circuit Court circuit with which the child, or another party to the proceedings, has a connection.

(2B) Summary proceedings for an offence under section 23NP may be brought, heard and determined before and by a judge of the Family District Court for the time being assigned to the Family District Court district where the child resides, has resided or is proposed to reside or is for the time being.]

F258[(3) The F259[Family High Court] shall have jurisdiction to hear and determine—

(a) proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), other than proceedings under section 23NP (inserted by the Child Care (Amendment) Act 2011),

(b) any application or other matter under, and in accordance with, this Act (as amended by the Child Care (Amendment) Act 2011) that relates to a special care order, an interim special care order or the hearing and determination of proceedings for special care under Part IVA (as amended by the Child Care (Amendment) Act 2011),

(c) without prejudice to the generality of paragraph (b), any application or other matter under, and in accordance with, Part V (as amended by the Child Care (Amendment) Act 2011) that relates to proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011) for special care, and the hearing and determination of such proceedings other than proceedings under section 31(3) which relate to proceedings under Part IVA, and

(d) without prejudice to the generality of paragraph (b), any proceedings relating to section 37 (as amended by the Child Care (Amendment) Act 2011) in so far as they concern a child who is the subject of a special care order or an interim special care order during the period for which the order concerned has effect.

(4) F259[The Family District Court concurrently with the Family Circuit Court and the Family Circuit Court on appeal from the Family District Court], shall have jurisdiction to hear and determine an application for a care order or a supervision order notwithstanding that, at the time that application is made, a special care order or an interim special care order has effect in respect of the child concerned.]

C62

Prospective affecting provision: subss. (3)(c) amended Child Care (Amendment) Act 2022(21/2022), s. 8(e), not commenced as of date of revision.

F258[(3) The High Court shall have jurisdiction to hear and determine— ...

(c) without prejudice to the generality of paragraph (b), any application or other matter under, and in accordance with, Part V (as amended by the Child Care (Amendment) Act 2011) F261[or Part VA] that relates to proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011) for special care, and the hearing and determination of such proceedings other than proceedings under section 31(3) which relate to proceedings under Part IVA, and]

...