Child Care Act 1991

F307[Cessation of appointment and re-appointment of guardian ad litem

35H

35H.(1) Subject to subsections (3) and (4), an order under section 35B(2) and any appointment under section 35C(1) pursuant to such an order ceases to have effect on the earliest of the following occurring:

(a) where the High Court makes a special care order

(i) on the expiration of the period specified in the special care order or such extended period (within the meaning of section 23J(9)), if any, for which the special care order has effect, or

(ii) upon the discharge of the special care order under section 23NE,whichever is the earlier;

(b) where the High Court makes an interim special care order

(i) on the expiration of the period specified in the interim special care order or such extended period (within the meaning of section 23N(9)), if any, for which the interim special care order has effect, or

(ii) upon the discharge of the interim special care order under section 23NE, whichever is the earlier;

(c) upon a determination by the High Court not to make a special care order or an interim special care order, as the case may be, in respect of the child to whom the order relates;

(d) by direction of the High Court; or

(e) when the child to whom the order relates attains the age of 18 years.

(2) Subject to subsections (3) and (4), an order under section 35B(3) and any appointment under section 35C(1) pursuant to such an order ceases to have effect on the earliest of the following occurring:

(a) where the District Court makes an interim care order under section 17, on the expiration of the period specified in the interim care order or any extension of such period under subsection (2) of that section;

(b) upon a determination by the District Court to refuse to make an interim care order under section 17;

(c) upon a determination by the District Court of an application under section 18(1) for a care order;

(d) upon a determination by the District Court of an application under section 19(1) for a supervision order;

(e) upon a determination by the District Court of an application under

(i) section 22(a), (b) or (c),

(ii) section 43A, or

(iii) section 43B(1);

(f) other than where the child to whom the order relates is in the care of the Child and Family Agency under section 17, upon a determination by the District Court of an application under

(i) section 37(2) or (3), or

(ii) section 47;

(g) by direction of the District Court; or

(h) when the child to whom the order relates attains the age of 18 years.

(3) Where a court by order directs that proceedings in which an order has been made under section 35B(2) or (3) are to be kept under review, the court may

(a) direct that the order under section 35B(2) or (3) and any appointment under section 35C(1) pursuant to such an order ceases to have effect until such time as a hearing of a review is due to take place, and

(b) prior to the date of the review, by order direct that a guardian ad litem previously appointed for the child in the proceedings be re‑appointed for that child.

(4) Where a child in respect of whom a court has made an order under section 35B(2) or (3), as the case may be, becomes a party to the proceedings by order under section 25(1), or otherwise than by reason of such an order, the court shall determine when the order under section 35B(2) or (3) and any appointment under section 35C(1) pursuant to such an order ceases to have effect having regard to the matters referred to in paragraphs (a) to (g) of section 24(2).

(5) In subsections (1) and (2), a reference to an order, a determination or a direction is a reference to such order, determination or direction in relation to which, at the expiration of the time for bringing an appeal against it, no such appeal has been brought or, if such an appeal has been brought, it has been abandoned or determined by the court.

(6) For the purposes of subsection (1)(a)(i), where the High Court, pursuant to an application to which subsection (2)(b) or (5)(b) of section 23NJ applies, makes a special care order (in this subsection referred to as the “subsequent care order”)

(a) a reference in subsection (1)(a)(i) to the expiration of the period specified in a special care order shall be construed as including a reference to the expiration of the period specified in the subsequent care order, and

(b) a reference to the expiration of an extended period for which the special care order has effect shall be construed as including a reference to the expiration of an extended period for which the subsequent care order has effect.

(7) Where an interim special care order referred to in subsection (1)(b) is an order made in accordance with section 23L(3), a reference in that subsection to an interim special care order shall be construed as including a reference to such interim special care order that the High Court may make at a hearing referred to in section 23M(1)(a).]

Annotations

Amendments:

F307

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

F308

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

Modifications (not altering text):

C89

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

(g) in section 35H of the Act of 1991—

(i) references in subsection (1) of that section to a special care order and in subsection (6) of that section to a subsequent care order shall be construed as references to an involuntary admission order made under section 66 and a renewal order made under section 67 respectively, and references in subsection (1) or (6) of that section to the Family High Court shall be construed as references to the Family District Court or the District Court, and

(ii) references in subsection (2) of that section to the Family District Court or the Family Circuit Court and an application under section 18(1) of that Act for a care order shall be construed as references to the Family District Court or District Court and an application under section 62(2) or section 64(2) respectively;

(j) any other necessary modifications.

C90

Prospective affecting provision: subss. (1), (2), (6), (7) amended by Family Courts Act 2024 (48/2024), s. 80(y), not commenced as of date of revision.

F307[35H.(1) ...

(a) where the F308[Family High Court] makes a special care order

...

(b) where the F308[Family High Court] makes an interim special care order

(c) upon a determination by the F308[Family High Court] not to make a special care order or an interim special care order, as the case may be, in respect of the child to whom the order relates;

(d) by direction of the F308[Family High Court]; or

(2) …

(a) where the F308[Family District Court or the Family Circuit Court] makes an interim care order under section 17, on the expiration of the period specified in the interim care order or any extension of such period under subsection (2) of that section;

(b) upon a determination by the F308[Family District Court or the Family Circuit Court] to refuse to make an interim care order under section 17;

(c) upon a determination by the F308[Family District Court or the Family Circuit Court] of an application under section 18(1) for a care order;

(d) upon a determination by the F308[Family District Court or the Family Circuit Court] of an application under section 19(1) for a supervision order;

(e) upon a determination by the F308[Family District Court or the Family Circuit Court] of an application under

(f) other than where the child to whom the order relates is in the care of the Child and Family Agency under section 17, upon a determination by the F308[Family District Court or the Family Circuit Court] of an application under

(g) by direction of the F308[Family District Court or the Family Circuit Court]; or

(6) For the purposes of subsection (1)(a)(i), where the F308[Family High Court], pursuant to an application to which subsection (2)(b) or (5)(b) of section 23NJ applies, makes a special care order (in this subsection referred to as the "subsequent care order")

...

(7) Where an interim special care order referred to in subsection (1)(b) is an order made in accordance with section 23L(3), a reference in that subsection to an interim special care order shall be construed as including a reference to such interim special care order that the F308[Family High Court] may make at a hearing referred to in section 23M(1)(a).]