Child Abduction and Enforcement of Custody Orders Act, 1991
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Power of Garda Síochána to detain a child and matters consequential upon such detention. |
37.—(1) A member of the Garda Síochána shall have power to detain a child who he reasonably suspects is about to be or is being removed from the State in breach of any of the following orders of a court in the State— | |
(a) an order regarding the custody of, or right of access to, the child (whether or not such an order contains an order prohibiting the removal of the child from the jurisdiction without leave of the court) or any order relating to the child made by the court in the exercise of its jurisdiction relating to wardship of a child; | ||
(b) an order made pursuant to Part II or IV of the Children Act, 1908, in relation to the care of the child; | ||
(c) an order made under section 12 of this Act or an order made for return of the child under Part II of this Act; | ||
(d) an order made under section 26 of this Act or an order made for recognition or enforcement of a decision relating to custody under Part III of this Act, | ||
or while proceedings for one of those orders are pending or an application for one of those orders is about to be made. | ||
(2) Where a child is detained under this section a member of the Garda Síochána shall as soon as possible— | ||
(a) return the child to the custody of a person (not being a health board) in favour of whom a court has made an order referred to in subsection (1) of this section unless the member has reasonable grounds for believing that such person will act in breach of such order, or | ||
(b) where the child has been in the care of a health board, return the child to that board, or | ||
(c) in a case other than one to which paragraph (a) or (b) of this subsection applies, or where the member is of the belief referred to in the said paragraph (a), deliver the child into the care of the health board for the area in which the child is for the time being. | ||
(3) Where a member of the Garda Síochána delivers into the care of a health board a child in accordance with subsection (2) (c) of this section, he shall as soon as possible inform or cause to be informed— | ||
(a) a parent of the child, or | ||
(b) a person acting in loco parentis, or | ||
(c) the Central Authority referred to in section 8 (in a case to which subsection (1) (c) of this section applies) or section 22 (in a case to which subsection (1) (d) of this section applies) of this Act, of such delivery. | ||
(4) Where any child is delivered into the care of a health board in accordance with subsection (2) (c) of this section the health board shall arrange suitable care and accommodation for the child, which may include placing the child in foster care or residential care, pending the determination of an application under subsection (5) of this section by the health board. | ||
(5) Where a child is delivered into the care of a health board under subsection (2) (c) of this section the health board shall apply at the next sitting of the District Court or, in the event that the next sitting is not due to be held within three days of the date on which the child is delivered into the care of the health board, at a specially arranged sitting of the District Court held within the said three days, for directions as to the child's release from such care or otherwise in relation to the child's care and the District Court may make such order as it thinks proper in the circumstances regarding custody of and, where appropriate, access to, the child, taking into account any order referred to in subsection (1) of this section relating to the child and without prejudice to proceedings that may be pending or any application that is about to be made for one of those orders in relation to the child. | ||
(6) Any order containing a direction under subsection (5) of this section shall be of the same force and effect as if it were an order made by the District Court under section 11 of the Guardianship of Infants Act, 1964 . | ||
(7) The jurisdiction of the District Court in respect of proceedings under subsection (5) of this section may be exercised by the justice of the District Court for the time being assigned to the district court district where the child resides or was at a material time residing and where a justice for the district in which the proceedings are brought is not immediately available, an order may be made by any justice of the District Court. |