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Child Care Act 1991
F300[Order directing appointment of guardian ad litem
35B.—(1) A guardian ad litem shall not be appointed for a child in proceedings under this Act unless an order directing such appointment has been made under this section.
(2) In proceedings under Part IVA, the High Court shall by order direct that a guardian ad litem be appointed for a child.
(3) In proceedings under Part IV, IVB or VI, the District Court shall by order direct that a guardian ad litem be appointed for a child, unless the court—
(a) is satisfied, having regard to all of the circumstances that the court considers relevant to the child including the matters referred to in paragraphs (a) to (g) of section 24(2), that the best interests of the child can be determined without such appointment being made, and
(b) in respect of a child who is capable of forming his or her own views, it has determined other means by which to facilitate the expression by the child of those views.
(4) Where the District Court decides not to make an order under subsection (3), it shall give reasons for its decision in writing.
(5) Where a court makes an order under subsection (2) or (3), the court shall give directions relating to—
(a) the service on the Minister of such documents relating to the proceedings as he or she may require for the performance of his or her functions under section 35C,
(b) the service on such guardian ad litem as may be appointed of documents relating to the proceedings, and
(c) the notification of the making of the order and the appointment of a guardian ad litem under section 35C(1) to the parties to the proceedings.]
Annotations
Amendments:
F300
Inserted (23.06.2026) by Child Care (Amendment) Act 2022 (21/2022), s. 7, S.I. No. 208 of 2026.
F301
Substituted by Family Courts Act 2024 (48/2024), s. 80(x), not commenced as of date of revision.
Modifications (not altering text):
C82
Prospective affecting provision: section applied with modifications by Mental Health Act 2026 (11/2026), s. 60(1), (2)(a), (2)(e), (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;
…
(e) in section 35B of the Act of 1991—
(i) references in subsection (2) of that section to proceedings under Part IVA and to the Family High Court shall be construed as references to proceedings under section 66 and to the Family District Court or District Court respectively, and
(ii) references in subsection (3) of that section to proceedings under Part IV, IVB or VI and to the Family District Court or the Family Circuit Court shall be construed as references to proceedings under section 62(2) and 64(2) and to the Family District Court or District Court respectively;
…
(j) any other necessary modifications.
…
C83
Prospective affecting provision: subss. (2), (3) and (4) amended by Family Courts Act 2024 (48/2024), s. 80(x), not commenced as of date of revision.
F300[35B.—…
(2) In proceedings under Part IVA, the F301[Family High Court] shall by order direct that a guardian ad litem be appointed for a child.
(3) In proceedings under Part IV, IVB or VI, the F301[Family District Court or the Family Circuit Court] shall by order direct that a guardian ad litem be appointed for a child, unless the court—
…
(4) Where the F301[Family District Court or the Family Circuit Court] decides not to make an order under subsection (3), it shall give reasons for its decision in writing.
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