District Court (Child Care) Rules 2008
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These rules may be cited as the District Court (Child Care) Rules 2008.
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paragraphs: These rules shall come into operation on the 16 day of December 2008 and shall be read together with all other District Court Rules for the time being in force.
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paragraphs: Order 61A of the District Court Rules 1997 ( S.I. No. 93 of 1997 ) is hereby amended by:
(i) the substitution for the title thereof of the following:
“Order 61A
Requirements under—
Section 40, Civil Liability and Courts Act 2004
Section 29(5), Child Care Act 1991”
(ii) the insertion immediately following rule 1 thereof of the following:
2. (1) A person referred to in section 29(5) of the Child Care Act 1991 (inserted by section 3 of the Child Care (Amendment) Act 2007 ) intending to attend any proceedings to which Part III, Part IV or Part VI of the said Act applies or to seek access to any relevant court documents, for the purpose of the preparation of a report of such proceedings, the publication of a report prepared in accordance with section 29(5)(a) of the said Act or the publication of a decision of the Court in any such proceedings in accordance with section 29(5) shall, prior to or at the commencement of the hearing of any proceedings at which such person wishes to attend, identify himself or herself to the Court and apply for such directions as the Court may give under section 29(5) of the said Act.
(2) On any such application, the Court, if satisfied that the applicant is a person referred to in section 29(5) of Child Care Act 1991, and that the applicant intends to attend the proceedings for the purpose of the preparation of a report of such proceedings or to seek access to any relevant court documents, the publication of a report prepared in accordance with section 29(5)(a) of the said Act or the publication of a decision of the Court in any such proceedings in accordance with section 29(5), and having heard any submission made by or on behalf of any party to the proceedings, may give such directions as seem appropriate as to the terms upon which the applicant may attend the proceedings (or any part of the proceedings), and may give directions as to the access which such person may have to court documents relevant to the proceedings. Where the Court, in the special circumstances of the matter, directs that such person may not attend the proceedings or have access to relevant court documents, the reasons shall be specified on giving such direction.
(3) The Court may, of its own motion or on the application of any party or person, vary or modify any such directions given under section 29(5) of the Act during the course of the proceedings.
(4) Where any question concerning access to relevant court documents arises otherwise than during the course of the proceedings, a person referred to in section 29(5) of the said Act or party to the proceedings concerned may apply at any sitting of the court for the court area in which the proceedings were heard or are to be heard, on notice to such person (if not the applicant) and the parties or other parties, for any further directions or to vary or modify any directions given under section 29(5) of the Act.”
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paragraphs: Order 84 of the District Court Rules 1997 ( S.I. No. 93 of 1997 ) is hereby amended by:
(i) the insertion immediately following rule 27 thereof of the following rule