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Child Care Act 1991
Power to proceed in absence of child.
30.—(1) It shall not be necessary in proceedings under Part III, IV F270[, IVA (as amended by the Child Care (Amendment) Act 2011)] or VI for the child to whom the proceedings relate to be brought before the court or to be present for all or any part of the hearing unless the court, either of its own motion or at the request of any of the parties to the case, is satisfied that this is necessary for the proper disposal of the case.
(2) Where the child requests to be present during the hearing or a particular part of the hearing of the proceedings the court shall grant the request unless it appears to the court that, having regard to the age of the child or the nature of the proceedings, it would not be in the child’s interests to accede to the request.
F271[(3) In subsection (1) and (2), where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), "court" means the High Court.]
Annotations
Amendments:
F270
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 16(a), S.I. No. 637 of 2017.
F271
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 16(b), S.I. No. 637 of 2017.
F272
Substituted by Family Courts Act 2024 (48/2024), s. 80(s), not commenced as of date of revision.
Modifications (not altering text):
C69
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.
…
C70
Prospective affecting provision: subs. (3) amended by Family Courts Act 2024 (48/2024), s. 80(s), not commenced as of date of revision.
F271[(3) In subsection (1) and (2), where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), "court" means the F272[Family High Court].]