Family Law Act, 1995
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Social reports in family law proceedings. |
47.—(1) In proceedings to which this section applies, the court may, of its own motion or on application to it in that behalf by a party to the proceedings, by order give such directions as it thinks proper for the purpose of procuring a report in writing on any question affecting the welfare of a party to the proceedings or any other person to whom they relate from— | |
(a) such probation and welfare officer (within the meaning of the Child Abduction and Enforcement of Custody Orders Act, 1991 ) as the Minister for Justice may nominate, | ||
(b) such person nominated by a health board specified in the order as that board may nominate, being a person who, in the opinion of that board, is Suitably qualified for the purpose, or | ||
(c) any other person specified in the order. | ||
(2) In deciding whether or not to make an order under subsection (1), the court shall have regard to any submission made to it in relation to the matter by or on behalf of a party to the proceedings concerned or any other person to whom they relate. | ||
(3) A copy of a report under subsection (1) shall be given to the parties to the proceedings concerned and (if he or she is not a party to the proceedings) to the person to whom it relates and may be received in evidence in the proceedings. | ||
(4) The fees and expenses incurred in the preparation of a report under subsection (1) shall be paid by such parties to the proceedings concerned and in such proportions, or by such party to the proceedings, as the court may determine. | ||
(5) The court or a party to proceedings to which this section applies may call as a witness in the proceedings a person who prepared a report under subsection (1) pursuant to an order under that subsection in those proceedings. | ||
(6) Subsection (1) applies to proceedings— | ||
(a) under the Act of 1964, | ||
(b) under the Act of 1976, | ||
(c) under the Family Home Protection Act, 1976 , | ||
(d) under the Act of 1981, | ||
(e) under the Status of Children Act, 1987 , | ||
(f) under the Act of 1989, | ||
(g) under the Child Abduction and Enforcement of Custody Orders Act, 1991 , | ||
(h) in relation to an application for a decree of nullity, and | ||
(i) under this Act. | ||
(7) The function conferred on a health board by subsection (2) shall be a function of the chief executive officer of the board. |