259Application if there is an irreconcilable difference

259 Application if there is an irreconcilable difference S. 259(1) amended by Nos 61/2014 s. 69, 8/2016 s. 7(1). (1) A person who has parental responsibility for a child and who believes that there is a substantial and presently irreconcilable difference between himself or herself and the child to such an extent that the care and control of the child are likely to be seriously disrupted may, subject to section 260, apply to the Court for a finding that such a difference exists. S. 259(2) amended by No. 8/2016 s. 7(2). (2) A child who believes that there is a substantial and presently irreconcilable difference between himself or herself and the person who has parental responsibility for him or her to such an extent that the care and control of him or her are likely to be seriously disrupted may, subject to section 260, apply to the Court for a finding that such a difference exists. (3) The applicant must cause notice of the irreconcilable difference application to be served on all other parties to the application and on the Secretary at least 5 days before the hearing of the application. (4) A notice under subsection (3) must— S. 259(4)(a) amended by No. 26/2023 s. 41. (b) set out the grounds on which the applicant has made the irreconcilable difference application; and (c) be served on the child's parent or the child (as the case requires) in accordance with section 594. (5) With the leave of the Court, the Secretary may appear or be represented on the hearing of the irreconcilable difference application and may call and examine or cross-examine witnesses and make submissions.