Child Care Act 1991

F303[Legal advice and legal representation

35D

35D.(1) In proceedings under Part IVA, where a guardian ad litem is appointed for a child pursuant to an order under section 35B(2) or 35H(3)(b), the Minister shall provide, or arrange for the provision, to the guardian ad litem of legal advice and legal representation for the purposes of the proceedings for which the guardian ad litem is appointed.

(2) In proceedings under Part IV, IVB or VI, following the making of an order under section 35B(3) or 35H(3)(b), at the request of the guardian ad litem appointed for the child, the Minister, for the purposes of the proceedings for which the guardian ad litem is appointed

(a) shall provide, or arrange for the provision, to the guardian ad litem of legal advice, and

(b) may, where he or she considers that it is in the best interests of the child, provide, or arrange for the provision, to the guardian ad litem of such legal representation as the Minister considers appropriate having regard to the matters specified in subsection (3).

(3) In determining for the purposes of subsection (2)(b) whether the provision of legal representation to the guardian ad litem is in the best interests of the child, the Minister shall have regard to:

(a) the views (if any) in relation to legal representation being provided to the guardian ad litem expressed by the court that made the order under section 35B(3) or 35H(3)(b);

(b) whether the guardian ad litem intends to make an application under this Act in relation to the child;

(c) the opinion of the guardian ad litem in relation to any application made in the proceedings;

(d) whether an order has been made under section 35E(11).]

Annotations

Amendments:

F303

Inserted (23.06.2026) by Child Care (Amendment) Act 2022 (21/2022), s. 7, S.I. No. 208 of 2026.

Modifications (not altering text):

C85

Prospective affecting provision: section applied with modifications by Mental Health Act 2026 (11/2026), s. 60(1), (2)(a), (2)(f), (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;

(f) in section 35D of the Act of 1991—

(i) the reference in subsection (1) of that section to proceedings under Part IVA of that Act shall be construed as a reference to proceedings under section 66, and

(ii) the reference in subsection (2) of that section to proceedings under Part IV, IVB or VI of that Act shall be construed as a reference to an application under section 62(2) or 64(2);

(j) any other necessary modifications.