Guardianship of Infants Act, 1964

JurisdictionIreland
CitationIR No. 7/1964


Number 7 of 1964


GUARDIANSHIP OF INFANTS ACT 1964

REVISED

Updated to 10 June 2020


This Revised Act is an administrative consolidation of the Guardianship of Infants Act 1964. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, and all statutory instruments up to and including the Guardianship of Children (Statutory Declaration) Regulations 2020 (S.I. No. 210 of 2020), made 10 June 2020, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 7 of 1964


GUARDIANSHIP OF INFANTS ACT 1964

REVISED

Updated to 10 June 2020


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Guardianship of Children Acts 1964 to 1997: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Children Act 1997 (40/1997), s. 1(5)). The Acts in this group are:

Guardianship of Infants Act 1964 (7/1964)

Children Act 1997 (40/1997), except Part III

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Domestic Violence Act 2018 (6/2018)

Mediation Act 2017 (27/2017)

Marriage Act 2015 (35/2015)

Children and Family Relationships Act 2015 (9/2015)

Child and Family Agency Act 2013 (40/2013)

Adoption Act 2010 (21/2010)

Health Act 2004 (42/2004)

Protection of Children (Hague Convention) Act 2000 (37/2000)

Children Act 1997 (40/1997)

Family Law (Divorce) Act 1996 (33/1996)

Family Law Act 1995 (26/1995)

Child Care Act 1991 (17/1991)

Judicial Separation and Family Law Reform Act 1989 (6/1989)

Status of Children Act 1987 (26/1987)

Courts (No. 2) Act 1986 (26/1986)

Age of Majority Act 1985 (2/1985)

Courts Act 1981 (11/1981)

Health Act 1970 (1/1970)

Succession Act 1965 (27/1965)

All Acts up to and including Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Guardianship of Children (Statutory Declaration) Regulations 2020 (S.I. No. 210 of 2020)

Guardianship of Infants Act 1964 (Child’s Views Expert) Regulations 2018 (S.I. No. 587 of 2018)

Supreme Court, Court of Appeal and High Court (Fees) Order 2014 (S.I. No. 492 of 2014)

Circuit Court (Fees) (No. 2) Order 2014 (S.I. No. 491 of 2014)

Supreme Court and High Court (Fees) Order 2014 (S.I. No. 24 of 2014)

Circuit Court (Fees) Order 2014 (S.I. No. 23 of 2014)

District Court (Fees) Order 2014 (S.I. No. 22 of 2014)

Supreme Court and High Court (Fees) Order 2013 (S.I. No. 466 of 2013)

District Court (Fees) Order 2013 (S.I. No. 241 of 2013)

Circuit Court (Fees) Order 2013 (S.I. No. 240 of 2013)

Supreme Court and High Court (Fees) Order 2013 (S.I. No. 239 of 2013)

Supreme Court and High Court (Fees) Order 2012 (S.I. No. 110 of 2012)

Circuit Court (Fees) Order 2012 (S.I. No. 109 of 2012)

District Court (Fees) Order 2012 (S.I. No. 108 of 2012)

District Court (Fees) Order 2011 (S. I. No. 408 of 2011)

Circuit Court (Fees) Order 2011 (S.I. No. 407 of 2011)

Supreme Court and High Court (Fees) Order 2011 (S.I. No. 406 of 2011)

Supreme Court and High Court (Fees) Order 2008 (S.I. No. 200 of 2008)

Supreme Court and High Court (Fees) Order 2005 (S.I. No. 70 of 2005)

Supreme Court and High Court (Fees) Order 2004 (S.I. No. 444 of 2004)

Supreme Court and High Court (Fees) Order 2003 (S.I. No. 89 of 2003)

Supreme Court and High Court (Fees) (No. 2) Order 2001 (S.I. No. 488 of 2001

Guardianship of Infants (Statutory Declaration) Regulations 1998 (S.I. No. 5 of 1998)

District Court (Fees) Order 1997 (S.I. No. 369 of 1997)

District Court (Fees) Order 1989 (S.I. No. 343 of 1987)

Circuit Court (Fees) Order 1989 (S.I. No. 342 of 1987)

Supreme Court and High Court (Fees) Order 1989 (S.I. No. 341 of 1987)

District Court (Fees) Order 1984 (S.I. No. 21 of 1984)

Circuit Court (Fees) Order 1984 (S.I. No. 20 of 1984)

District Court (Fees) Order 1982 (S.I. No. 45 of 1982)

Circuit Court (Fees) Order 1982 (S.I. No. 44 of 1982)

Supreme Court and High Court (Fees) Order 1982 (S.I. No. 43 of 1982)

Courts (Guardianship of Infants) (Fees) Order 1974 (S.I. No. 13 of 1974)

All statutory instruments up to and including Guardianship of Children (Statutory Declaration) Regulations 2020 (S.I. No. 210 of 2020), made 10 June 2020, were considered in the preparation of this revision.


Number 7 of 1964.


GUARDIANSHIP OF INFANTS ACT 1964

REVISED

Updated to 10 June 2020


ARRANGEMENT OF SECTIONS


Acts Referred to

Adoption Act, 1952

1952, No. 25.

Courts (Supplemental Provisions) Act, 1961

1961, No. 39.

Guardianship of Infants Act, 1886

1886, c. 27.

Wills Act, 1837

1837, c. 26.

Health Act, 1947

1947, No. 28.

Health Authorities Act, 1960

1960, No. 9.

Health Act, 1953

1953, No. 26.


Number 7 of 1964.


GUARDIANSHIP OF INFANTS ACT 1964

REVISED

Updated to 10 June 2020


AN ACT TO CONSOLIDATE WITH AMENDMENTS THE ENACTMENTS RELATING TO THE CUSTODY AND GUARDIANSHIP OF INFANTS. [25 th March, 1964.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations:

Modifications (not altering text):

C1

Jurisdiction to award costs under Act provided (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 43, commenced as per s. 1(2).

Cost of mediation and counselling services.

43.— The cost of any mediation services or counselling services provided for a spouse who is or becomes a party to proceedings under this Act, the Act of 1964 or the Act of 1989 or for a dependent member of the family of such a spouse shall be in the discretion of the court concerned.

C2

Power to order report under Act provided (1.08.1996) by Family Law Act 1995 (26/1995), s. 47(1) and (6)(a), S.I. No. 46 of 1996.

Social reports in family law proceedings.

47.—(1) In proceedings to which this section applies, the court may, of its own motion or on application to it in that behalf by a party to the proceedings, by order give such directions as it thinks proper for the purpose of procuring a report in writing on any question affecting the welfare of a party to the proceedings or any other person to whom they relate from —

(a) such probation and welfare officer (within the meaning of the Child Abduction and Enforcement of Custody Orders Act, 1991) as the Minister for Justice may nominate,

(b) such person nominated by a health board specified in the order as that board may nominate, being a person who, in the opinion of that board, is suitably qualified for the purpose, or

(c) any other person specified in the order.

...

(6) Subsection (1) applies to proceedings —

(a) under the Act of 1964,

...

C3

Enforcement of orders under Act provided (12.07.1986) by Courts (No. 2) Act 1986 (26/1986), s. 5, commenced on enactment; as amended (9.01.1998) by Children Act 1997 (40/1997), s. 14(a) and (b), commenced as per s. 1(2). The Fines Act 2010 (8/2010). ss. 3 and 6, table, ref. no. 1 applies to the fine in subs. (2), making it not greater than €2,500 but greater than €1,000.

Enforcement of certain orders under Guardianship of Infants Act 1964.

5.—(1) In this section “the Act of 1964” means the Guardianship of Infants Act, 1964, as amended by the Courts Act, 1981, [the Age of Majority Act, 1985, the Status of Children Act, 1987, and the Children Act, 1997 ].

(2) Without prejudice to the law as to contempt of court, where the District Court has made an order under [section 7, 11 or 11B ] of the Act of 1964 containing a direction regarding—

(a) the custody of an infant, or

(b) the right of access to an infant,

any person having the actual custody of the infant who, having been given or shown a copy of the order and—

(i) having been required, by or on...

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