IEDC 5
AN CHUIRT DUICHE THE DISTRICT COURT
HEALTH SERVICE EXECUTIVE
M & T
CHILD CARE ACT 1991— SECTION 19
IN THE MATTER OF CHILD 1, CHILD 2, CHILD 3, AND CHILD 4,
1 November 2010
1. On 22 February 2010, the applicants a
pplied for, and were granted, Emergency Care Orders (sect
ion 13 Child Care Act 1991)
respect of eac h of t he five c hildren. The Emergency Care Orders expired on 1 March 2010.
2. On 1 March 2010, the a pplicants applied for, and were granted, Interim Care Orders (sect ion 17(1) Child Care Ac t 1991) in respect
of eac h of t he four children. On various dates since then, t he Interim Care Orders in respect of eac h of the children have been
3. The applicant
s have applied for Care Orders (sec
tion 18 Child Care Act 1991)
of eac h of the five c hi
ldren, which said
applications have been liste d for hearing for 10 days commencing on 24 January 2011.
4. On 12 March 2010, a Guardian ad litem (“GAL”) was appointed pursuant to s ect ion 26 Child Care Ac t 1991 for eac h of t he four
5. The respondent mother is represented in these proceedings. T he respondent fa ther is not represente d in these proce edings, and
his attendanc e at court has been sporadic.
6. The t wo older children have stat ed that they wish to have a solicitor represent t hem in these proceedings. Child 1 is aged 16 and
Child 2 has recently turned 15.
7. In dealing with applications under Part V of
the Child Care Act
1991 (such as t he appl
ications made by t
he applicant herein), the
obligation of the Court is t o give c onsideration to the wishes of t he child as set out in section 24 of t he Child Care Act 1991. Section
24 provides as follows:
‘In any proceedings before a c ourt under this Ac t in relation to t he care and protect ion of a c hild, the c ourt, having
regard to the rights and dut ies of parents, whether under the Const itution or otherwise, shall—
(a) regard the welfare of the c hild as the f irst and paramount consideration, and
(b) in so far as is prac ticable, give due consideration, having regard to his age and understanding, to
the wishes of the c hild.’
8. Children are not parties to proc
eedings under the Child Care Act 1991
unless joined by the Court.
has power to
‘(1) If in any proceedings under Part IV or VI the child to whom the proce edings relate is not already a pa rty, the
court may, where it is satisfied having regard to t he age, understanding and wishes of the c hild and the
circumstances of the case that it is nece ssary in the interest s of t he child and in the interest s of justice to do so,
order that t he child be joined as a party to, or s hall have such of t he rights of a party as may be specified by t he
court in, either t he entirety of the proceedings or such issues in the proceedings as the c ourt may direct. T he
making of any suc h order shall not require the intervention of a next friend in respect of the c hild.
(2) Where the c ourt makes an order under subsection (1) or a c hild is a party to the proce edings otherwise than by
reason of suc h an order, the c ourt may, if it t hinks fit, appoint a solicitor t o represent t he child in the procee dings
and give directions as t o the performance of his duties (which may include, if nec essary, directions in relation to the
instruction of c ounsel).
(3) The making of an order under subsection (1) or the f act that a c hild is a party to t he proceedings ot herwise
than by reason of such an order shall not prejudice t he power of t he court under sect ion 30(2) to refuse t o acc ede
to a request of a child made thereunder.
(4) Where a solicitor is appointed under subsec tion (2) , the cos ts and expenses inc urred on behalf of a c hild
exercising any rights of a party in any proceedings under this Ac t shall be paid by t he Health Service Execut ive. The
Executive may apply to t he c ourt to have the amount of any such c osts or expenses measured or taxed.
(5) The c ourt which has made an order under subsection (2) may, on the applicat ion to it of the Health Servic e
Executive, order any ot her party to the proc eedings in question to pay t o the Executive any c osts or expenses
payable by the Executive under subsec tion (4).’
9. The Court has
appoint a guardian ad litem
for a c hi
ld in proceedings under Parts IV and V of
the Child Care Act
A guardian ad litem has been appointed f or each of the c hildren herein, including Child 1 and Child 2. The guardian ad litem is
appointed under sect
ion 26 of the Child Care Act
91, which provides as f
‘(1) If in any proceedings under Part IV or VI the child to whom the proce edings relate is not a party, the court
may, if it is satisfied t hat it is nec essary in the interests of the c hild and in the interests of justice to do s o, appoint