Guardianship of Infants Act, 1964
What is this act about?
This law is about the custody and guardianship of children under 21 years old, aiming to consolidate and amend previous laws on these matters. Its primary focus is ensuring the welfare of the child is the most important consideration in all decisions.
Who it applies to: Parents (including adoptive parents and, in some cases, natural fathers of illegitimate infants); Guardians appointed by parents or the court.
At a glance
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- Ireland
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- Text retrieved
- Explanation updated
What does this act regulate?
- The rights and responsibilities of parents as guardians.
- The appointment and removal of guardians, including by will or by court order.
- The powers and duties of guardians regarding a child's person and estate.
- Court jurisdiction and procedures for matters concerning a child's welfare, custody, and maintenance.
Who does this act apply to?
- Parents (including adoptive parents and, in some cases, natural fathers of illegitimate infants).
- Guardians appointed by parents or the court.
- Infants, defined as persons under twenty-one years of age.
What are the key points?
- The welfare of the infant is the first and paramount consideration in all court proceedings concerning their custody, guardianship, or upbringing.
- The father and mother of an infant are joint guardians.
- Parents can appoint guardians by deed or will to act after their death.
- The court can appoint or remove guardians and give directions on questions affecting an infant's welfare, including custody, access, and maintenance payments.
Legal guide
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Guardianship of Infants Act, 1964 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1964 Guardianship of Infants Act, 1964 Guardianship of Infants Act, 1964 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Print Full ActPriontáil an tAcht Iomlán Number 7 of 1964.
GUARDIANSHIP OF INFANTS ACT, 1964 ARRANGEMENT OF SECTIONS
Part I
Preliminary and General Section
Section 1
Short title.
Section 2
Definitions.
Section 3
Welfare of infant to be paramount.
Section 4
Repeals.
Part II
Guardianship
Section 5
Jurisdiction in guardianship matters.
Section 6
Rights of parents to guardianship.
Section 7
Power of father and mother to appoint testamentary guardians.
Section 8
Appointment and removal of guardians by court.
Section 9
Provisions where two or more guardians appointed.
Section 10
Powers and duties of guardians.
Section 11
Applications to court.
Section 12
Variation and discharge of court orders.
Part III
Enforcement of Right of Custody
Section 13
Definitions for Part III.
Section 14
Power of court as to production of infant.
Section 15
Power to court to order repayment of costs of bringing up infant.
Section 16
Court in making order to have regard to conduct of parent.
Section 17
Power of court as to infant's religious education.
Section 18
Custody where parents are separated.
SCHEDULE Acts Referred to Adoption Act, 1952 1952, No. 25.
Courts (Supplemental Provisions) Act, 1961 1961, No. 39.
Guardianship of Infants Act, 1886 1886, c. 27.
Wills Act, 1837 1837, c. 26.
Health Act, 1947 1947, No. 28.
Health Authorities Act, 1960 1960, No. 9.
Health Act, 1953 1953, No. 26.
Number 7 of 1964.
GUARDIANSHIP OF INFANTS ACT, 1964 AN ACT TO CONSOLIDATE WITH AMENDMENTS THE ENACTMENTS RELATING TO THE CUSTODY AND GUARDIANSHIP OF INFANTS. [25th March, 1964.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I
Preliminary and General Short title.
1.—This Act may be cited as the Guardianship of Infants Act, 1964.
Definitions.
2.—In this Act, except where the context otherwise requires— “adoption order” means an adoption order made under the Adoption Act, 1952 , and for the time being in force; “father” includes a male adopter under an adoption order but does not include the natural father of an illegitimate infant; “illegitimate infant” does not include any infant adopted under an adoption order; “infant” means a person under twenty-one years of age; “maintenance” includes education; “mother” includes a female adopter under an adoption order; “parent” means a father or mother as defined by this section; “testamentary guardian” means a guardian appointed by deed or will; “welfare”, in relation to an infant, comprises the religious and moral, intellectual, physical and social welfare of the infant.
Welfare of infant to be paramount.
3.—Where in any proceedings before any court the custody, guardianship or upbringing of an infant, or the administration of any property belonging to or held on trust for an infant, or the application of the income thereof, is in question, the court, in deciding that question, shall regard the welfare of the infant as the first and paramount consideration.
Repeals.
4.—Each enactment specified in the Schedule is hereby repealed to the extent indicated in the third column of the Schedule.
PART II
Guardianship Jurisdiction in guardianship matters.
5.—(1) The jurisdiction conferred on a court by this Part may be exercised by the High Court or, subject to section 22 of the Courts (Supplemental Provisions) Act, 1961 , by the Circuit Court.
Rights of parents to guardianship.
6.—(1) The father and mother of an infant shall be guardians of the infant jointly.
Power of father and mother to appoint testamentary guardians.
7.—(1) The father of an infant may by deed or will appoint a person or persons to be guardian or guardians of the infant after his death.
Appointment and removal of guardians by court.
8.—(1) Where an infant has no guardian, the court, on the application of any person or persons, may appoint the applicant or applicants or any of them to be the guardian or guardians of the infant.
Provisions where two or more guardians appointed.
9.—(1) Where two or more persons are appointed to be guardians they shall act jointly and on the death of any of them the survivor or survivors shall continue to act.
Powers and duties of guardians.
10.—(1) Every guardian under this Act shall be a guardian of the person and of the estate of the infant unless, in the case of a guardian appointed by deed, will or order of the court, the terms of his appointment otherwise provide.
Applications to court.
11.—(1) Any person being a guardian of an infant may apply to the court for its direction on any question affecting the welfare of the infant and the court may make such order as it thinks proper.
Variation and discharge of court orders.
12.—The court may vary or discharge any order previously made by the court under this Part.
PART III
Enforcement of Right of Custody Definitions for Part III.
13.—In this Part— “the court” means the High Court; “health authority” has the meaning assigned to it by subsection (1) of section 2 of the Health Act, 1947 , as amended by section 9 of the Health Authorities Act, 1960 ; “parent” includes a guardian of the person and any person at law liable to maintain an infant or entitled to his custody; “person” includes any school or institution.
Power of court as to production of infant.
14.—Where a parent of an infant applies to the court for an order for the production of the infant and the court is of opinion that that parent has abandoned or deserted the infant or that he has otherwise so conducted himself that the court should refuse to enforce his right to the custody of the infant, the court may in its discretion decline to make the order.
Power to court to order repayment of costs of bringing up infant.
15.—Where, upon application by a parent for the production of an infant, the court finds— (a) that the infant is being brought up at the expense of another person, or (b) that at any time assistance has been provided for the infant by a health authority under section 55 of the Health Act, 1953 , the court may, in its discretion, if it orders the infant to be given up to the parent, further order that the parent shall pay to that person or health authority the whole of the costs properly incurred by the person or health authority in bringing up or providing assistance for the infant or such portion thereof as the court considers reasonable, having regard to all the circumstances of the case, including, in particular, the means of the parent.
Court in making order to have regard to conduct of parent.
16.—Where a parent has— (a) abandoned or deserted an infant, or (b) allowed an infant to be brought up by another person at that person's expense, or to be provided with assistance by a health authority under section 55 of the Health Act, 1953 , for such a length of time and under such circumstances as to satisfy the court that the parent was unmindful of his parental duties, the court shall not make an order for the delivery of the infant to the parent unless the parent has satisfied the court that he is a fit person to have the custody of the infant.
Power of court as to infant's religious education.
17.—(1) Upon any application by a parent for the production or custody of an infant, if the court is of opinion that that parent ought not to have the custody of the infant, the court shall have power to make such order as it thinks fit to secure that the infant be brought up in the religion in which the parents, or a parent, have or has a legal right to require that the infant should be brought up.
Custody where parents are separated.
18.—(1) In any case where a decree for divorce a mensa et thoro is pronounced, the court may thereby declare the parent by reason of whose misconduct the decree is made to be a person unfit to have the custody of the children (if any) of the marriage or of any children adopted under the Adoption Act, 1952 , by the parents jointly; and in such case, the parent so declared to be unfit shall not, on the death of the other parent, be entitled as of right to the custody of the children.
SCHEDULE Repeals
Section 4
.
Session and Chapter Short Title Extent of Repeal 14 & 15 Chas. 2, sess. 4, c. 19.
Tenures Abolition Act, 1662.
Sections 6, 7, 15 and 16.
36 Vict. c. 12.
Custody of Infants Act, 1873.
The whole Act.
49 & 50 Vict. c. 27.
Guardianship of Infants Act, 1886.
The whole Act.
54 Vict. c. 3.
Custody of Children Act, 1891.
The whole Act.
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