Children Act, 1997

• Jurisdiction: Ireland
• Citation: IR No. 40/1997

Number 40 of 1997
CHILDREN ACT, 1997
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section 1. Short title, commencement and collective citation. 2. Interpretation. 3. Expenses.
PART II
Guardianship, Custody and Maintenance
4. Rights of certain fathers to guardianship. 5. Jurisdiction in guardianship matters. 6. Power of court to appoint certain fathers as guardians. 7. Appointment and removal of guardians by court. 8. Age of dependency of child. 9. New sections. 10. Amendment of section 17 of Act of 1964. 11. Insertion of new Part IV (Safeguarding Interests of Children). 12. Further amendment of Act of 1964. 13. Amendment of section 28 of Civil Legal Aid Act, 1995. 14. Amendment of section 5 of Courts (No. 2) Act, 1986. 15. Amendment of Family Law (Maintenance of Spouses and Children) Act, 1976. 16. Amendment of section 41 of Judicial Separation and Family Law Reform Act, 1989. 17. Amendment of section 20 of Child Care Act, 1991. 18. Amendment of section 2 of Child Abduction and Enforcement of Custody Orders Act, 1991.
PART III
Evidence of Children
19. Interpretation. 20. Application of Part III. 21. Evidence through television link. 22. Evidence through intermediary. 23. Admissibility of hearsay evidence. 24. Weight of hearsay evidence. 25. Evidence as to credibility. 26. Copies of documents in evidence. 27. Transfer of proceedings. 28. Oath or affirmation not necessary for child witnesses.
Acts Referred to Adoption Acts, 1952 to 1991 Age of Majority Act, 1985 1985, No. 2 Child Abduction and Enforcement of Custody Orders Act, 1991 1991, No. 6 Child Care Act, 1991 1991, No. 17 Civil Legal Aid Act, 1995 1995, No. 32 Courts Act, 1981 1981, No. 11 Courts Act, 1991 1991, No. 20 Courts (No. 2) Act, 1986 1986, No. 26 Family Law Act, 1995 1995, No. 26 Family Law (Divorce) Act, 1996 1996, No. 33 Family Law (Maintenance of Spouses and Children) Act, 1976 1976, No. 11 Guardianship of Children Acts, 1964 to 1997 Guardianship of Infants Act, 1964 1964, No. 7 Judicial Separation and Family Law Reform Act, 1989 1989, No. 6 Status of Children Act, 1987 1987, No. 26 Succession Act, 1965 1965, No. 27
Number 40 of 1997
CHILDREN ACT, 1997
AN ACT TO AMEND THE GUARDIANSHIP OF INFANTS ACT, 1964 , BY PROVIDING A MECHANISM FOR AND RELATING TO THE RECOGNITION OF NATURAL FATHERS AS GUARDIANS, FOR THE TAKING INTO ACCOUNT OF THE WISHES OF CHILDREN IN GUARDIANSHIP, CUSTODY AND ACCESS DECISIONS AFFECTING THEIR WELFARE, AND FOR THE SAFEGUARDING OF THE INTERESTS OF CHILDREN, INCLUDING THEIR REPRESENTATION, IN CERTAIN COURT PROCEEDINGS; AND RELATING TO THE GIVING OF EVIDENCE IN CIVIL PROCEEDINGS BY CHILDREN BY MEANS OF TELEVISION LINKS AND THROUGH INTERMEDIARIES AND THE ADMISSIBILITY OF AND WEIGHT TO BE GIVEN TO SUCH EVIDENCE; AND TO AMEND THE CIVIL LEGAL AID ACT, 1995 , THE COURTS (No. 2) ACT, 1986 , THE JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989 , THE CHILD CARE ACT, 1991 , THE CHILD ABDUCTION AND ENFORCEMENT OF CUSTODY ORDERS ACT, 1991 , AND THE FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976 ; AND FOR RELATED PURPOSES. [9th December, 1997]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I PRELIMINARY AND GENERAL
	Short title, commencement and collective citation.	1.—(1) This Act may be cited as the Children Act, 1997.
	(2) This Act, except section 11 (insofar as it inserts sections 20,21, 22, 26, 28 and 29 into the Act of 1964) and Part III shall come into operation one month after the date of its passing.
	(3) Section 11 (insofar as it inserts sections 20, 21, 22, 26, 28 and 29 into the Act of 1964) and Part III shall come into operation on such day or days as may be fixed by the Minister by order or orders, either generally or with reference to a particular purpose or provision, and different days may be so fixed for different purposes and different provisions.
	(4) An order under subsection (3) relating to section 11 , insofar as that order relates to section 47(1)(b) of the Family Law Act, 1995 , shall not be made without the consent of the Minister for Health and Children.
	(5) The Act of 1964 (as amended by the Succession Act, 1965 , the Courts Act, 1981 , the Age of Majority Act, 1985 , the Status of Children Act, 1987 , the Judicial Separation and Family Law Reform Act, 1989 , the Child Care Act, 1991 , and the Courts Act, 1991 ) and this Act (except Part III ) may be cited together as the Guardianship of Children Acts, 1964 to 1997, and shall be construed together as one Act.
	Interpretation.	2.—(1) In this Act—
	“the Act of 1964” means the Guardianship of Infants Act, 1964 ;
	“the Minister” means the Minister for Justice, Equality and Law Reform.
	(2) In this Act—
	(a) a reference to a Part or section is a reference to a Part or section of this Act, unless it is indicated that a reference to some other enactment is intended,
	(b) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and
	(c) a reference to any enactment shall be construed as a reference to that enactment as amended by or under any subsequent enactment.
	Expenses.	3.—Any expenses incurred by the Minister, the Minister for Health and Children or the Minister for Social, Community and Family Affairs in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
PART II GUARDIANSHIP, CUSTODY AND MAINTENANCE
	Rights of certain fathers to guardianship.	4.—The Act of 1964 is hereby amended by the substitution for section 2 (inserted by the Status of Children Act, 1987 ) of the following section:
	“Interpretation.
	2.—(1) In this Act, unless the context otherwise requires—
	‘the Act of 1987’ means the Status of Children Act, 1987 ;
	‘adoption order’ means—
	(a) an adoption order made under the Adoption Acts, 1952 to 1991, or
	(b) an order made or decree granted outside the State, providing for the adoption of a person, which is recognised by virtue of the law for the time being in force in the State,
	and for the time being in force;
	‘child’ means a person who has not attained full age;
	‘father’ includes a male adopter under an adoption order, but, subject to section 11(4), does not include the father of a child who has not married that child's mother unless either—
	(a) an order under section 6A (inserted by the Act of 1987) is in force in respect of that child,
	(b) the circumstances set out in subsection (3) of this section apply, or
	(c) the circumstances set out in subsection (4) of this section apply;
	‘maintenance’ includes education;
	‘mother’ includes a female adopter under an adoption order;
	‘parent’ means a father or mother as defined by this subsection;
	‘testamentary guardian’ means a guardian appointed by deed or will;
	‘welfare’, in relation to a child, comprises the religious, moral, intellectual, physical and social welfare of the child.
	(2) A reference, however expressed, in this Act to a child whose father and mother have not married each other shall, except in a case to which subsection (3) relates, be construed in accordance with section 4 of the Act of 1987.
	(3) (a) The circumstances referred to in paragraph (b) of the definition of ‘father’ in subsection (1) are that the father and mother of the child concerned have at some time gone through a ceremony of marriage and the ceremony resulted in—
	(i) a voidable marriage in respect of which a decree of nullity was granted after, or at some time during the period of 10 months before, the birth of the child, or
	(ii) a void marriage which the father reasonably believed (whether or not such belief was due to a mistake of law or of fact) resulted in a valid marriage—
	(I) where the ceremony occurred before the birth of the child, at some time during the period of 10 months before that birth, or
	(II) where the ceremony occurred after the birth of the child, at the time of that ceremony.
	(b) It shall be presumed for the purposes of subparagraph (ii) of paragraph (a), unless the contrary is shown, that the father reasonably believed that the ceremony of marriage to which that subparagraph relates resulted in a valid marriage.
	(4) The circumstances referred to in paragraph (c) of the definition of ‘father’ in subsection (1) are that the father and mother of the child concerned, not being a father or mother to whom the circumstances set out in subsection (3) apply—
	(a) have not married each other,
	(b) declare that they are the father and mother of the child concerned,
	(c) agree to the appointment of the father as a guardian of the child,
	(d) have entered into arrangements regarding the custody of and, as the case may be, access to the child, and
	(e) have made a statutory declaration to that effect as may be prescribed by the Minister for Justice, Equality and Law Reform.
	(5) In this Act—
	(a) a reference to a Part or section is a reference to a Part or section of this Act, unless it is indicated that a reference to some other enactment is intended,
	(b) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and
	(c...