Child Care Act 1991

Failure or refusal to deliver up a child.

34

34.—(1) Without prejudice to the law as to contempt of court, where the District Court has made an order under Part III or IV directing that a child be placed or maintained in the care of F292[the F293[Child and Family Agency]], any person having the actual custody of the child who, having been given or shown a copy of the order and having been required, by or on behalf of F292[the F294[Agency]], to give up the child to F292[the F294[Agency]], fails or refuses to comply with the requirement shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or both such fine and such imprisonment.

(2) For the purposes of this section, a person shall be deemed to have been given or shown a copy of an order made under Part III or IV if that person was present at the sitting of the court at which such an order was made.

Annotations

Amendments:

F292

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 40, S.I. No. 887 of 2004.

F293

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

F294

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 2, S.I. No. 502 of 2013.

F295

Substituted by Family Courts Act 2024 (48/2024), s. 80(v), not commenced as of date of revision.

Modifications (not altering text):

C68

Prospective affecting provision: subs. (1) amended by Family Courts Act 2024 (48/2024), s. 80(v), not commenced as of date of revision.

34.—(1) Without prejudice to the law as to contempt of court, where the F295[Family District Court or the District Court has made an order under Part III or the Family District Court or the Family Circuit Court has made an order under Part IV] directing that a child be placed or maintained in the care of F292[the F293[Child and Family Agency]], any person having the actual custody of the child who, having been given or shown a copy of the order and having been required, by or on behalf of F292[the F294[Agency]], to give up the child to F292[the F294[Agency]], fails or refuses to comply with the requirement shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or both such fine and such imprisonment.

Editorial Notes:

E108

A fine of £500 converted (1.01.1999) to €634.86. This translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(2) and table ref. no. 12, S.I. No. 662 of 2010.