[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 104

1964 c.21

104.(1) Where it appears to [the Ministry of Home Affairs] with respect to any
child in their care under section 103 that:

(a)his parents are dead and that he has no guardian; or

(b)the whereabouts of any parent or guardian of his have remained unknown for
not less than a year; or

(c)a parent or guardian of his has abandoned him or suffers from some
disability of mind or body rendering the parent or guardian incapable of
caring for the child, or is of such habits or mode of life as to be unfit to
have the care of the child; or

(d)a parent or guardian of his has so persistently failed without reasonable
cause to discharge the obligations of a parent or guardian as to be unfit to
have the care of the child;

(2) On any application by [the Ministry of Home Affairs] to a juvenile court,
by complaint under subsection (1), for a parental rights order in respect of
any child any relative or next-of-kin of that child may appear before the
juvenile court and object to the making of the order, and, where [the
Ministry] propose to apply for a parental rights order by virtue of paragraph
(c) or (d) of that subsection, [the Ministry] shall, if the whereabouts of the
parent or guardian are known to them, serve on such parent or guardian at
least seven days' notice of their intention to apply for the order, and the
said parent or guardian may appear before the juvenile court and object to the
making of the order; and every notice served under this subsection shall
inform the parent or guardian of his right so to appear and object.

(3) A juvenile court shall not make a parental rights order by virtue of
subsection (1)(c) unless satisfied that

(a)the child has been, and at the time of the application for such order
remains, abandoned by his parent or guardian; or

(b)the parent or guardian

(i)suffers from some disability of mind or body rendering him incapable of
caring for the child; or

(ii)is of such habits or mode of life as to be unfit to have the care of the
child.

(4) A juvenile court shall not make a parental rights order by virtue of
subsection (1)(d) unless satisfied that the parent or guardian is unfit to
have the care of the child by reason of his persistent failure to discharge
the obligations of a parent or guardian.

© 1968 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/caypai1968438/s104.html