In this section you will find Court Application Forms relating to certain aspect of Family Law Court processes such as: Access, Custody/Joint Custody, Child Maintenance, Guardianship etc. for parents, and others such as relatives of a child, or other non-biological parents/partners.
*Disclaimer*
For parents
Access, Custody/Joint Custody
Court cases about a child’s welfare, may require Form 58.49 – Statements of Arrangements. This form lets both the people applying to the court and those responding explain the details of their situation. It also allows parents to ask for the child’s views – ‘voice of the child’ – to be heard in court.
It is important to note that although many courts require Form 58.49, it is not standard practice to use it in every county.
Statement of Arrangements 58.49
Court Form 58.19 is used to apply as a parent or guardian for custody and/or access for their child.
Court Form 58.19 – Custody/Access of your child.
Court form 58.43 is used to make an application to the Court to Enforce an existing Access arrangement if the access has been unreasonably denied.
Access Enforcement Order 58.43
Court form 58.22 to vary an existing access order which will dispense with a current order, thereby making a new order valid.
Guardianship
Court form 58.1 is used by a parent of the child to apply for Guardianship Rights.
Court form 58.2 is an order granting a parent Guardianship Rights.
Court form 58.3 is used by a Surviving Guardian or Testamentary Guardian to ask the District Court to resolve disputes over guardianship of a child.
Court form 58.37 is used by Father’s who have satisfied the Cohabitation period which give him Automatic Guardianship Rights to his child. The Declaration will provide documentation of his guardianship.
Court form 58.40 is used to apply to the Court to remove a Guardians rights. Note: a mother’s guardianship rights cannot be removed by the Court.
Court form 58.17 is used to make an application to the Court where both Guardians of the child cannot agree on matter affecting the welfare of the child – such as travel abroad, moving schools etc. This is known as a Guardian Dispute issue.
Court form 58.32 is used to nominate a temporary guardian in the event that an existing guardian is temporarily unable to exercise their guardianship rights to to illness or injury. The nominated person should then apply to the Court to apply to enact their Temporary Guardianship Rights.
The Statutory Declaration form states the names of the parents of the child, that they are unmarried and that they agree that the father should be appointed as a joint guardian.
Child Maintenance
Court form 54.4 is used to make a Child Maintenance order.
Court form 57.1 is used to send a summons to the person you are seeking child maintenance from. On receipt of this summons, the debtor must supply a statement of means to the District Court named on the summons no later than one week before the court date.
Court form 57.3 is an application to the Court for child maintenance arrears.
Court form 57.5 to vary an existing maintenance order which will dispense with a current order, thereby making a new order valid.
The Mediation Form for Maintenance is a self help guide for District Court Maintenance Applications in the Dublin area.
This document can be used by people who have decided to make a District Court family law application themselves without the assistance of a solicitor.
Passports
This for should be used by mothers who are their child’s Sole Guardian, meaning there is no other legal Guardian of their child. The form should be completed in the presence of a Peace Commissioner, or a Commissioner for Oaths (usually a solicitor).
For other relatives, or non-biological parents/partners
Guardianship
Court form 58.30 is used by an Eligible Guardian to apply for Guardianship rights. An Eligible Guardian is a person who has lived with the parent of a child for three years, and has shared the day-to-day care of the child for at least two years. Or, has cared for the child for at least twelve months without any involvement from any other parent or guardian. This normally occurs where a guardian has been unwilling or unable to exercise their guardianship rights.
Eligible Guardian Notice 58.30
Court form 58.31 is a Court ordered document permitting the guardianship rights of an Eligible Guardian.
Order appointing eligible person to be a guardian 58.31
Court form 58.32 is a Court form used by a qualifying Guardian to nominate another person to be appointed TEMPORARY Guardian in the event that an existing Guardian is unable to exercise their guardianship rights through injury or illness.
Custody
Court form 58.41 is used by a relative of a child, a cohabiting partner of the parent of the child, or a civil partner or married partner, who has been caring for a child in his/her home without the involvement of any other parent of Guardian and where other guardians’ consent has been dispensed with by the Court.