C94

Prospective affecting provision: subss. (3), (6), (7), (8) amended, (9) substituted by Courts and Civil law (Miscellaneous Provisions) Act 2025 (13/2025), s. 9(6)(a)-(e), not commenced as of date of revision.

(3) F370[A judge of the Family District Court or the Family Circuit Court] may, if satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce the child named in the application, make an order directing that person to deliver up the child to the custody of the F365[the F366[Child and Family Agency]].

...

(6) F370[A judge of the Family District Court or the Family Circuit Court] may, if satisfied by information on oath that there are reasonable grounds for believing that the child named in the application is in any house or other place (including any building or part of a building, tent, caravan or other temporary or moveable structure, vehicle, vessel, aircraft or hovercraft) specified in the information, 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) and to search the house or other place for the child; and if the child is found he shall be returned to the custody of F365[the F366[Child and Family Agency]].

(7) An application for an order under subsection (3) may, if F370[the judge of the Family District Court or the Family Circuit Court] is satisfied that the urgency of the matter so requires, be made ex parte.

(8) An application for an order under subsection (3) or for a warrant under subsection (6) may, if F370[the judge of the Family District Court or the Family Circuit Court] is satisfied that the urgency of the matter so requires, be heard and an order made thereon elsewhere than at a public sitting of the District Court.

F370[(9) Without prejudice to section 28—

(a) an order under subsection (3) may be made by a judge of the Family District Court for the time being assigned to the Family District Court district, or a judge of the Family Circuit Court for the time being assigned to the Family Circuit Court circuit, where the person specified in the information resides or is for the time being, and

(b) a warrant under subsection (6) may be issued by a judge for the time being assigned to the Family District Court district or the Family Circuit Court circuit where the house or other place specified in the information is situated,

and, in either case, where such judge is not immediately available the order may be made, or the warrant issued, by any judge of the Family District Court or the Family Circuit Court.]

C95

Prospective affecting provision: subss. (4), (8) amended by Family Courts Act 2024 (48/2024), s. 80(ab)(ii), (iv), not commenced as of date of revision.

(4) Without prejudice to the law as to contempt of court where the F371[Family District Court or the Family Circuit Court] has made an order under subsection (3) directing that a child be delivered up to the care of F365[the F366[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 F365[the F368[Agency]], to give up the child to F365[the F368[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.

...

(8) An application for an order under subsection (3) or for a warrant under subsection (6) may, if the justice is satisfied that the urgency of the matter so requires, be heard and an order made thereon elsewhere than at a public sitting of the F371[Family District Court or the Family Circuit Court].

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