Wards Of The Court

Question 1

What is a ward ship?

Answer 1

Ward ship is used to give the high court ultimate responsibility for a child, for the child’s own protection.

Question 2

Who can apply for a ward ship? (6)

Answer 2

1) Any person who has the child’s genuine interest at heart.
2) Relation to the child.
3) HSE-Social Worker.
4) The child.
5) Local authorities with the courts permission only.
6) In the past persons such as foster parents, teachers and medical professionals have successfully applied to make a child a ward of the court.

Question 3

Who may become a wards of the court? (4)

Answer 3

1) A child whose welfare is threatened.
2) Parents who seek to prevent a child from leaving home.
3) Seen to be in the best interest of the child.
4) Child must be a resident of Ireland.

Question 4

When might wardship be necessary? (7)

Answer 4

1) To restrain publicity.
2) Prevent undesirable outcomes.
3) Obtain emergency medical attention.
4) Protect a child from forced marriages.
5) To protect children when the case has a substantial foreign element.
6) Protect children from sexual exploitation.
7) Protect children when they are outside of the jurisdriction.

Question 5

What happens when a child is made a ward of the court? (2)

Answer 5

1) Once the court summons is issued the wardship is effective.
2) Once a child is made a ward of the court, matters may remain in the high court or else be transferred to a lower court.

Question 6

What level effect does wardship have? (3-(h))

Answer 6

1) Parential responsibility of the child.
2) May share with the parents but only the court may make any important decisions.
3) Decisions include:
A- Medical or psychiatric examination or treatment.
B- Interviews of child by police and
C- Marriage.
D- Change in education or residence.
E- If leaving Irish jurisdiction.
F- When moving foster placements.
G- Adoption processes.
H- Name changes.

Question 7

When will wardship of the court come to a end? (2)

Answer 7

1) When the child reaches 18.

2) if a card order is granted for the child.

Question 8

Cases:

Answer 8

H.W. and C.W. 2001 the parents of a one year old child refused to consent to a PKU test. The health board applied to the high court for it to be carried out as it was claimed to protect the safety of the child under article 40 of the constitution. The court only makes decisions if it is deemed to be affecting the persons safety and welfare,