Children Act 2001

Non-compliance with parental supervision order.

112

112.—(1) Where a parental supervision order is in force and it appears to the court, on application by the probation and welfare officer who is supervising the parents, that the parents have failed, without reasonable excuse (the proof of which shall lie on the parent or parents concerned), to comply with the order, the court may—

( a) if the order was made by a court in the district of residence, do one or more of the following:

(i) revoke the order,

(ii) make an order under section 114 ,

(iii) if it has not already done so, make an order under section 113, or

(iv) treat the failure to comply with the order for all purposes as if it were a contempt in the face of the court,

or

( b) if the order was made by another court, remand the parents on bail to a sitting of that other court to be dealt with, and for that purpose paragraph (a) shall apply in relation to that court, with the necessary modifications.

(2) The matters which the court may take into account when making a decision pursuant to subsection (1) shall include the extent to which, and any period during which, the parents complied with the parental supervision order.

(3) Where a court proposes to exercise its powers under subsection (1), it shall summon the parents to appear before it and, if the parents do not do so, may issue a warrant for their arrest.

(4) The jurisdiction vested in the Circuit Court in respect of proceedings to which subsection (1) relates shall be exercised by the judge for the time being assigned to the circuit where the parental supervision order was made.

(5) The jurisdiction vested in the Children Court or the District Court in respect of those proceedings shall be exercised by the judge for the time being assigned to the district of residence or, as the case may be, the district where the parental supervision order was made.