Child Care Act 1991

Warrant to search for and deliver up a child.

35

35.—Where a justice has made an order under Part IV directing that a child be placed or maintained in the care of F296[the F297[Child and Family Agency]], a justice may for the purpose of executing that order issue a warrant authorising a member of the Garda Síochána, accompanied by such other members of the Garda Síochána or such other persons as may be necessary, to enter (if need be by force) any house or other place specified in the warrant (including any building or part of a building, tent, caravan, or other temporary or moveable structure, vehicle, vessel, aircraft or hovercraft) where the child is or where there are reasonable grounds for believing that he is and to deliver the child into the custody of F296[the F297[Child and Family Agency]].

Annotations

Amendments:

F296

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 41, S.I. No. 887 of 2004.

F297

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.

F298

Substituted by Courts and Civil law (Miscellaneous Provisions) Act 2025 (13/2025), s. 9(4)(a), (b), not commenced as of date of revision.

Modifications (not altering text):

C69

Prospective affecting provision: section amended by Courts and Civil law (Miscellaneous Provisions) Act 2025 (13/2025), s. 9(4)(a), (b), not commenced as of date of revision.

35.—Where F298[a judge] has made an order under Part IV directing that a child be placed or maintained in the care of F296[the F297[Child and Family Agency]], F298[a judge of the Family District Court, the District Court or the Family Circuit Court] may for the purpose of executing that order issue a warrant authorising a member of the Garda Síochána, accompanied by such other members of the Garda Síochána or such other persons as may be necessary, to enter (if need be by force) any house or other place specified in the warrant (including any building or part of a building, tent, caravan, or other temporary or moveable structure, vehicle, vessel, aircraft or hovercraft) where the child is or where there are reasonable grounds for believing that he is and to deliver the child into the custody of F296[the F297[Child and Family Agency]].