Children Act, 1997

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Number 40 of 1997


CHILDREN ACT, 1997


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, commencement and collective citation.

2.

Interpretation.

3.

Expenses.

PART II

Guardianship, Custody and Maintenance

4.

Rights of certain fathers to guardianship.

5.

Jurisdiction in guardianship matters.

6.

Power of court to appoint certain fathers as guardians.

7.

Appointment and removal of guardians by court.

8.

Age of dependency of child.

9.

New sections.

10.

Amendment of section 17 of Act of 1964.

11.

Insertion of new Part IV (Safeguarding Interests of Children).

12.

Further amendment of Act of 1964.

13.

Amendment of section 28 of Civil Legal Aid Act, 1995.

14.

Amendment of section 5 of Courts (No. 2) Act, 1986.

15.

Amendment of Family Law (Maintenance of Spouses and Children) Act, 1976.

16.

Amendment of section 41 of Judicial Separation and Family Law Reform Act, 1989.

17.

Amendment of section 20 of Child Care Act, 1991.

18.

Amendment of section 2 of Child Abduction and Enforcement of Custody Orders Act, 1991.

PART III

Evidence of Children

19.

Interpretation.

20.

Application of Part III.

21.

Evidence through television link.

22.

Evidence through intermediary.

23.

Admissibility of hearsay evidence.

24.

Weight of hearsay evidence.

25.

Evidence as to credibility.

26.

Copies of documents in evidence.

27.

Transfer of proceedings.

28.

Oath or affirmation not necessary for child witnesses.


Acts Referred to

Adoption Acts, 1952 to 1991

Age of Majority Act, 1985

1985, No. 2

Child Abduction and Enforcement of Custody Orders Act, 1991

1991, No. 6

Child Care Act, 1991

1991, No. 17

Civil Legal Aid Act, 1995

1995, No. 32

Courts Act, 1981

1981, No. 11

Courts Act, 1991

1991, No. 20

Courts (No. 2) Act, 1986

1986, No. 26

Family Law Act, 1995

1995, No. 26

Family Law (Divorce) Act, 1996

1996, No. 33

Family Law (Maintenance of Spouses and Children) Act, 1976

1976, No. 11

Guardianship of Children Acts, 1964 to 1997

Guardianship of Infants Act, 1964

1964, No. 7

Judicial Separation and Family Law Reform Act, 1989

1989, No. 6

Status of Children Act, 1987

1987, No. 26

Succession Act, 1965

1965, No. 27

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Number 40 of 1997


CHILDREN ACT, 1997


AN ACT TO AMEND THE GUARDIANSHIP OF INFANTS ACT, 1964 , BY PROVIDING A MECHANISM FOR AND RELATING TO THE RECOGNITION OF NATURAL FATHERS AS GUARDIANS, FOR THE TAKING INTO ACCOUNT OF THE WISHES OF CHILDREN IN GUARDIANSHIP, CUSTODY AND ACCESS DECISIONS AFFECTING THEIR WELFARE, AND FOR THE SAFEGUARDING OF THE INTERESTS OF CHILDREN, INCLUDING THEIR REPRESENTATION, IN CERTAIN COURT PROCEEDINGS; AND RELATING TO THE GIVING OF EVIDENCE IN CIVIL PROCEEDINGS BY CHILDREN BY MEANS OF TELEVISION LINKS AND THROUGH INTERMEDIARIES AND THE ADMISSIBILITY OF AND WEIGHT TO BE GIVEN TO SUCH EVIDENCE; AND TO AMEND THE CIVIL LEGAL AID ACT, 1995 , THE COURTS (No. 2) ACT, 1986 , THE JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT, 1989 , THE CHILD CARE ACT, 1991 , THE CHILD ABDUCTION AND ENFORCEMENT OF CUSTODY ORDERS ACT, 1991 , AND THE FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976 ; AND FOR RELATED PURPOSES. [9th December, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: