AI Summary of 47. Social reports in family law proceedings.
The court may, of its own motion or on application by a party, order a written report on any question affecting the welfare of a party or another person to whom the proceedings relate. Reports may be obtained from a probation and welfare officer nominated by the Minister for Justice, a person nominated by the Child and Family Agency whom the Agency considers suitably qualified, or any other person specified by the court. The court shall have regard to submissions when deciding to make an order; copies of reports must be given to the parties and the person concerned and may be received in evidence. The person who prepared the report may be called as a witness.
The fees and expenses for reports are payable by the parties in such proportions, or by such party, as the court may determine. The section applies to proceedings under the Acts of 1964 and 1976, the Family Home Protection Act 1976, the Act of 2018, the Status of Children Act 1987, the Act of 1989, the Child Abduction and Enforcement of Custody Orders Act 1991, applications for a decree of nullity, and proceedings under this Act. Subsection (7) is deleted.
47. Social reports in family law proceedings.
(1) In proceedings to which this section applies, the court may, of its own motion or on application to it in that behalf by a party to the proceedings, by order give such directions as it thinks proper for the purpose of procuring a report in writing on any question affecting the welfare of a party to the proceedings or any other person to whom they relate from -
(a) such probation and welfare officer (within the meaning of the Child Abduction and Enforcement of Custody Orders Act, 1991) as the Minister for Justice may nominate,
(b) such person nominated by the Child and Family Agency specified in the order as the Child and Family Agency may nominate, being a person who in its opinion is suitably qualified for the purpose, or
(c) any other person specified in the order.
(2) In deciding whether or not to make an order under subsection (1), the court shall have regard to any submission made to it in relation to the matter by or on behalf of a party to the proceedings concerned or any other person to whom they relate.
(3) A copy of a report under subsection (1) shall be given to the parties to the proceedings concerned and (if he or she is not a party to the proceedings) to the person to whom it relates and may be received in evidence in the proceedings.