Family Courts Act 2024
|
Amendment of Act of 1991 | ||
|
80. The Act of 1991 is amended— | ||
(a) in section 2, by the insertion of the following subsection after subsection (1D): | ||
“(1E) A reference in this Act to a justice shall, where the context so admits, include a reference to a judge of the Family Circuit Court.”, | ||
(b) in section 12, by the substitution of the following subsection for subsection (4): | ||
“(4) Where a child is delivered up to the custody of the Child and Family Agency in accordance with subsection (3), the Agency shall, unless it returns the child to the parent having custody of him or her or a person acting in loco parentis or an order referred to in section 35 has been made in respect of the child, make an application for an emergency care order— | ||
(a) at the next sitting of the Family District Court held in the same Family District Court district, | ||
(b) in circumstances of urgency where no judge of the Family District Court is available to hear the application, at the next sitting of the District Court held in the same district court district, or | ||
(c) in the event that the next sitting of the Family District Court or District Court is not due to be held within 3 days of the date on which the child is delivered up to the custody of the Agency, at a sitting of the Family District Court or District Court which has been specially arranged under section 13(4), held within the said 3 days, | ||
and it shall be lawful for the Agency to retain custody of the child pending the hearing of that application.”, | ||
(c) in section 13— | ||
(i) in subsection (1), by the substitution of “Family District Court or the District Court” for “District Court”, | ||
(ii) by the substitution of the following subsection for subsection (4): | ||
“(4) The following provisions shall have effect in relation to the making of emergency care orders— | ||
(a) any such order shall, subject to paragraph (b), be made by the judge for the Family District Court district or the judge for the district court district in which the child resides or is for the time being; | ||
(b) where a judge for the Family District Court district or a judge for the district court district in which the child resides or is for the time being is not immediately available, an order may be made by any judge of the Family District Court or the District Court; | ||
(c) an application for any such order may, if the judge is satisfied that the urgency of the matter so requires, be made ex parte; | ||
(d) an application for any such order may, if the judge is satisfied that the urgency of the matter so requires, be heard and an order made thereon elsewhere than at a sitting of the Family District Court or a public sitting of the District Court.”, | ||
(d) in section 17(1), by the substitution of “Family District Court or the Family Circuit Court” for “District Court”, | ||
(e) in section 18(10), by the substitution of “Family District Court or the Family Circuit Court” for “District Court”, | ||
(f) in section 19(9), by the substitution of “Family District Court or the Family Circuit Court” for “District Court”, | ||
(g) in section 23— | ||
(i) in paragraph (b), by the substitution of “judge of the Family District Court for the time being assigned to the Family District Court district or a judge of the Family Circuit Court for the time being assigned to the Family Circuit Court circuit” for “justice of the District Court for the time being assigned to the district court district”, and | ||
(ii) in paragraph (c), by the substitution of “judge of the Family District Court for the time being assigned to the Family District Court district or a judge of the Family Circuit Court for the time being assigned to the Family Circuit Court circuit” for “justice of the District Court for the time being assigned to the district court district”, | ||
(h) in Part IVA, by the substitution of “Family High Court” for “High Court” in each place where it occurs, | ||
(i) by the substitution of the following section for section 23U: | ||
“23U. If the Child and Family Agency believes— | ||
(a) that a person who is arranging or undertaking a private foster care arrangement has not notified it under section 23P, or | ||
(b) that such a person is not taking all reasonable measures to safeguard the health, safety and welfare of the child concerned, | ||
it may apply— | ||
(i) to the Family District Court or the District Court for one of the following orders: | ||
(I) that the child be taken into the care of the Child and Family Agency under section 13; | ||
(II) that the arrangement be terminated and the child returned to his or her parents or guardian, | ||
or | ||
(ii) to the Family District Court or the Family Circuit Court for one of the following orders: | ||
(I) that a supervision order under section 19 be made in respect of the child, | ||
(II) that the child be taken into the care of the Child and Family Agency under section 17 or 18, or | ||
(III) that the arrangement be terminated and the child returned to his or her parents or guardian, | ||
and the Court may order accordingly.”, | ||
(j) in section 23V, by the substitution of the following subsection for subsection (3): | ||
“(3) If the Child and Family Agency believes that a person who is arranging or undertaking a private foster care arrangement is doing so in contravention of subsection (1) or (2), it may apply— | ||
(a) to the Family District Court or the District Court for an order either— | ||
(i) that the child be taken into its care under section 13, or | ||
(ii) that the arrangement be terminated and the child returned to his or her parents or guardian, | ||
or | ||
(b) to the Family District Court or the Family Circuit Court for an order either— | ||
(i) that the child be taken into its care under section 17 or 18, or | ||
(ii) that the arrangement be terminated and the child returned to his or her parents or guardian, | ||
and the Court may order accordingly.”, | ||
(k) in section 23W(2), by the substitution of “Family District Court” for “District Court”, | ||
(l) in section 24 (amended by section 4 of the Child Care (Amendment) Act 2022 ), by the substitution of “Family High Court” for “High Court”, | ||
(m) in section 24A (inserted by section 5 of the Child Care (Amendment) Act 2022 ), by the substitution of “Family High Court” for “High Court”, | ||
(n) in section 25(6), by the substitution of “Family High Court” for “High Court”, | ||
(o) in section 26(5), by the substitution of “Family High Court” for “High Court”, | ||
(p) in section 27(7) (inserted by section 8 (d) of the Child Care (Amendment) Act 2022 ), by the substitution of “Family High Court” for “High Court”, | ||
(q) in section 28— | ||
(i) by the substitution of the following subsection for subsection (1): | ||
“(1) (a) The Family District Court and the District Court shall have jurisdiction to hear and determine proceedings under Part III. | ||
(b) The Family District Court shall concurrently with the Family Circuit Court have jurisdiction to hear and determine proceedings under Part IV or VI. | ||
(c) The Family Circuit Court shall have jurisdiction to hear and determine appeals— | ||
(i) in proceedings under Part III, from the Family District Court and the District Court, and | ||
(ii) in proceedings under Part IV or VI, from the Family District Court.”, | ||
(ii) by the insertion of the following subsection after subsection (1): | ||
“(1A) The Family District Court and the Family Circuit Court, on appeal from the Family District Court, shall have jurisdiction to hear and determine summary proceedings for an offence under section 23NP or 23W.”, | ||
(iii) by the substitution of the following subsection for subsection (2): | ||
“(2) (a) Subject to section 13(4), proceedings under Part III may be brought, heard and determined before and by a judge of the Family District Court or the District Court for the time being assigned to the Family District Court district or district court district, as the case may be, where the child resides or is for the time being. | ||
(b) Proceedings under Part IV or VI may be brought, heard and determined before and by a judge of the Family District Court or the Family Circuit Court for the time being assigned to the Family District Court district or Family Circuit Court circuit, as the case may be, where the child resides, has resided or is proposed to reside or is for the time being.”, | ||
(iv) by the insertion of the following subsections after subsection (2): | ||
“(2A) Notwithstanding subsection (2), where, on the application of a party to the proceedings or of his or her own motion, the judge to whom the originating application in the proceedings was made decides that it would be in the best interests of a child whose welfare is the subject of the proceedings, or otherwise appropriate to do so in a specific case, that jurisdiction may be exercised by a judge of another Family District Court district or Family Circuit Court circuit with which the child, or another party to the proceedings, has a connection. | ||
(2B) Summary proceedings for an offence under section 23NP may be brought, heard and determined before and by a judge of the Family District Court for the time being assigned to the Family District Court district where the child resides, has resided or is proposed to reside or is for the time being.”, | ||
(v) in subsection (3), by the substitution of “Family High Court” for “High Court”, and | ||
(vi) in subsection (4), by the substitution of “The Family District Court concurrently with the Family Circuit Court and the Family Circuit Court on appeal from the Family District Court” for “The District Court, and the Circuit Court on appeal from the District Court”, | ||
(r) in section 29, by the deletion of subsections (2) to (4), | ||
(s) in section 30(3), by the substitution of “Family High Court” for “High Court”, | ||
(t) in section 31(5A), by the substitution of “Family High Court” for “High Court”, | ||
(u) in section 32, by the substitution of “Family High Court” for “High Court” in both places where it occurs, | ||
(v) in section 34(1), by the substitution of “Family District Court or the District Court has made an order under Part III or the Family District Court or the Family Circuit Court has made an order under Part IV” for “District Court has made an order under Part III or IV”, | ||
(w) in section 35A(2) (inserted by section 7 of the Child Care (Amendment) Act 2022 )— | ||
(i) by the substitution of “Family District Court” for “District Court” in both places where it occurs, | ||
(ii) by the substitution of “Family Circuit Court” for “Circuit Court”, and | ||
(iii) by the substitution of “Family High Court” for “High Court”, | ||
(x) in section 35B (inserted by section 7 of the Child Care (Amendment) Act 2022 )— | ||
(i) in subsection (2), by the substitution of “Family High Court” for “High Court”, | ||
(ii) in subsection (3), by the substitution of “Family District Court or the Family Circuit Court” for “District Court”, and | ||
(iii) in subsection (4), by the substitution of “Family District Court or the Family Circuit Court” for “District Court”, | ||
(y) in section 35H (inserted by section 7 of the Child Care (Amendment) Act 2022 )— | ||
(i) in subsection (1), by the substitution of “Family High Court” for “High Court” in each place where it occurs, | ||
(ii) in subsection (2), by the substitution of “Family District Court or the Family Circuit Court” for “District Court” in each place where it occurs, | ||
(iii) in subsection (6), by the substitution of “Family High Court” for “High Court”, and | ||
(iv) in subsection (7), by the substitution of “Family High Court” for “High Court”, | ||
(z) in section 37(5), by the substitution of “Family High Court” for “High Court”, | ||
(aa) in section 43— | ||
(i) in subsection (2), by the substitution of “Family District Court or the Family Circuit Court” for “District Court”, and | ||
(ii) in subsection (3), by the substitution of “Family District Court or the Family Circuit Court” for “District Court”, | ||
(ab) in section 46— | ||
(i) in subsection (3), by the substitution of “Family District Court or the Family Circuit Court” for “District Court”, | ||
(ii) in subsection (4), by the substitution of “Family District Court or the Family Circuit Court” for “District Court”, | ||
(iii) in subsection (6), by the substitution of “Family District Court or the Family Circuit Court” for “District Court”, | ||
(iv) in subsection (8), by the substitution of “Family District Court or the Family Circuit Court” for “District Court”, and | ||
(v) in subsection (9)— | ||
(I) in paragraph (a), by the substitution of “Family District Court for the time being assigned to the Family District Court district or a judge of the Family Circuit Court for the time being assigned to the Family Circuit Court circuit” for “District Court for the time being assigned to the district court district”, | ||
(II) in paragraph (b), by the substitution of “Family District Court district or the Family Circuit Court circuit” for “district”, and | ||
(III) by the substitution of “of the Family District Court or the Family Circuit Court” for “of the District Court”, | ||
and | ||
(ac) in section 47, by the substitution of “Family District Court or the Family Circuit Court” for “District Court”. |