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District Court had power to place children with their sister

By: Mark Tottenham BL

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High Court refuses to quash an order by the District Court that children spend part of the week with their sister, notwithstanding the opposition to such an order by the Child and Family Agency (Tusla) and the guardian ad litem, on the grounds that the District Court had the power to make such an exceptional order - albeit rarely and with considerable caution.

Judicial review - order of District Court - child care proceedings - s. 47 of the Child Care Act 1991 - interim care orders - children placed in the care of their sister during the week - sister living near school - S. 36 of the Act of 1991 - orders available to the court - challenge by Child and Family Agency (Tusla) - history of involvement by Tusla with family - whether sister was an appropriate person - whether appropriate for court to exercise exceptional jurisdiction - requirement that exceptional orders of the type be made rarely and with considerable caution.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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