Children Act, 1989

Powers of court in case of invalidity of orders.

6.—Where an order committing a child or young person to the care of a fit person has been made under Part II or IV of the Children Act, 1908, and a court finds or declares in any proceedings that the order, for whatever reason, is invalid, that court may of its own motion or on the application of any interested person refuse to exercise any power to order the delivery or return of the child or young person to a parent or any other person if the court is of opinion that such delivery or return would not be in the best interests of the child and in any such case the court, of its own motion or on the application of any interested person, may—

(a) make an order committing the child or young person to the care of a fit person under Part II or IV of that Act as if it were a court before which the child or young person had been brought under section 24, 58 or 59 of that Act,

(b) make an order remitting the matter to a justice of the District Court for the time being assigned to the district court district where the child or young person resides or is for the time being or was residing or was at the time that the invalid order was made or the application therefor was made; and where the matter has been so remitted the child or young person shall be deemed to have been brought before that justice under section 24, 58 or 59 of that Act as the court may direct,

(c) where a person having the custody, charge or care of a child or young person has been—

(i) convicted of committing in respect of such child or young person an offence under Part II of the said Act or any of the offences mentioned in the First Schedule to that Act, or

(ii) committed for trial for any such offence, or

(iii) bound over to keep the peace towards such child or young person,

make an order under section 21 of that Act, or remit the question whether such an order should be made to the court by which such person was so convicted, committed or bound over,

(d) direct that any order under paragraph (a) or (c) shall, if necessary, be deemed for the purposes of the Children Act, 1908, to have been made by a justice of the District Court for the time being assigned to a district court district specified by the court, or

(e) where it makes an order under paragraph (b) or (c), make a temporary order under paragraph (a) pending the making of an order by the court to which the matter or question has been remitted.