Courts and Civil law (Miscellaneous Provisions) Act 2025
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PART 3 Amendment of Child Care Act 1991 | ||
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Amendment of Child Care Act 1991 | ||
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9. (1) Section 12 of the Act of 1991 is amended by the substitution of the following subsection for subsection (4): | ||
“(4) Where a child is delivered up to the custody of the Child and Family Agency in accordance with subsection (3), the Agency shall, unless it returns the child to the parent having custody of him or her or a person acting in loco parentis to the child or an order referred to in section 35 has been made in respect of the child, make an application for an emergency care order— | ||
(a) at the next sitting of the Family District Court held in the same Family District Court district, | ||
(b) in circumstances of urgency where no judge of the Family District Court is available to hear the application, at the next sitting of the District Court held in the same district court district, or | ||
(c) in the event that the next sitting of the Family District Court or District Court is not due to be held within 3 working days of the date on which the child is delivered up to the custody of the Agency, at a sitting of the Family District Court or District Court which has been specially arranged under section 13(4), held within the said 3 working days, | ||
and it shall be lawful for the Agency to retain custody of the child pending the hearing of that application.”. | ||
(2) Section 13 of the Act of 1991 is amended— | ||
(a) in subsection (1)— | ||
(i) by the substitution of “a judge of the Family District Court or the District Court” for “a justice of the District Court”, and | ||
(ii) by the substitution of “the judge” for “the justice”, | ||
(b) in subsection (3), by the substitution of “a judge of the Family District Court or the District Court” for “a justice”, and | ||
(c) in subsection (7)(a), by the substitution of “a judge of the Family District Court or the District Court” for “a justice”. | ||
(3) Section 17 of the Act of 1991 is amended— | ||
(a) in subsection (1), by the substitution of “a judge of the Family District Court or the Family Circuit Court” for “a justice of the District Court”, and | ||
(b) by the substitution of “the judge” for “the justice” in each place where it occurs. | ||
(4) Section 35 of the Act of 1991 is amended by the substitution of— | ||
(a) “a judge” for “a justice” where it first occurs, and | ||
(b) “a judge of the Family District Court, the District Court or the Family Circuit Court” for “a justice” where it last occurs. | ||
(5) Section 43(2) of the Act of 1991 is amended by the substitution of “the judge of the Family District Court or the Family Circuit Court” for “the justice”. | ||
(6) Section 46 of the Act of 1991 is amended— | ||
(a) in subsection (3), by the substitution of “A judge of the Family District Court or the Family Circuit Court” for “A justice of the District Court”, | ||
(b) in subsection (6), by the substitution of “A judge of the Family District Court or the Family Circuit Court” for “A justice of the District Court”, | ||
(c) in subsection (7), by the substitution of “the judge of the Family District Court or the Family Circuit Court” for “the justice”, | ||
(d) in subsection (8), by the substitution of “the judge of the Family District Court or the Family Circuit Court” for “the justice”, and | ||
(e) by the substitution of the following subsection for subsection (9): | ||
“(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.”. | ||
(7) In this section, “Act of 1991” means the Child Care Act 1991 . |