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Court: High
Topic: Child care
Category: Family

HC36 - Child Care Act, 1991 Part IVA

(Children in need of special care or protection)

Part IVA of the Child Care Act, 1991 was inserted by section 16 of the Children Act, 2001. By virtue of section 267(2) of the 2001 Act, references in Part V (Jurisdiction and Procedure) of the 1991 Act to Part IV of that Act are to be construed as including references to Part IVA.

Accordingly, by virtue of section 28 of the 1991 Act, the District Court, and the Circuit Court on appeal from the District Court, have jurisdiction to hear and determine proceedings under Part IVA, and proceedings under Part IVA may be brought, heard and determined before and by a judge of the District Court for the time being assigned to the District Court district where the child resides or is for the time being.

With effect from the date of this notice, proceedings for relief in relation to a child which may be granted under Part IVA should, save in the most exceptional circumstances, be instituted in the District Court in accordance with Part IVA.

Where, as of the date of this notice, proceedings have been instituted in the High Court for relief of the nature available under Part IVA and remain to be concluded, such proceedings shall be disposed of in that court.

Dated this 21st day of March, 2005
Joseph Finnegan
President of the High Court