Most applications for guardianship, custody and access are made in the District Court. In some situations, relating to more complex cases, an application can be made in the Circuit Court or the High Court. Each court has its own rules on how to apply for a court order.
To make an application to the District Court there are a number of steps to take. The information provided here relates to District Court applications for guardianship, custody, access and to dispense with the consent of a guardian for the issue of a passport.
The person making an application is called the applicant. The person receiving an application is called the respondent.
The Courts Service does not charge a fee for making Family Law applications. You should discuss fees with your legal representative, or mediator if you choose to use their services.
All information is for guidance only. Always check legislation and court rules to ensure your application is correct. You might want to get legal advice to better understand what's involved.
You can apply to the District Court office in the area where you or the respondent lives or works. If either of you live or work in Dublin, your local office may be the Dublin District Court Family Law Office, also known as Dolphin House. An exception to this is if you live or work in an area covered by the Swords and Balbriggan District Court Office. In this case your local office may be the Swords and Balbriggan District Court Office.
The application process for those applying in Dolphin House is different to the process for the rest of the country. Choose "How to Apply (Dolphin House)" for the Dolphin House specific process.
Find your local District Court Area>
Find your Courts Service Office here >
Consider mediation and legal advice
You and the respondent can agree on arrangements for your children. A judge will consider any agreement as part of a court application. Before applying to court, you should consider mediation and decide on getting professional legal advice or representing yourself.
Decide where to make your application
You can apply to the District Court office in the area where you or the respondent lives or works. If your application is urgent, let court office staff aware as it night be possible that your application can be heard in a different District Court area
Download and complete paperwork
Download the relevant application form for your particular Family Law issue. If you cannot download a form, you can request it from your local court office. Complete the relevant application form. Make sure it is signed and dated.
You or your legal representative should also contact or visit the Courts Service office to request the next available court date for your application.
Serve the documents and provide proof of service
You must send the documents to the respondent. This process is called serving. You will also need to provide proof of service to the court. This is done by completing a Statutory Declaration of Service.
Lodge documents with court office
You must lodge the original application, Statutory Declaration of Service and Statement of Arrangements (if applicable) to the court office. You should do this as early as possible but at least two days before the date of the court hearing. If the documents are in order, the application will be listed for court and the court hearing will be confirmed.
If the documents are not completed correctly and returned in time, the court hearing will not proceed.
Attend court hearing
Both you and the respondent should attend court for the case to be heard by a judge. The judge will hear evidence from both of you and make a decision. The judge's decision is called a court order.
Receive a court order
After the court hearing, both you and the respondent will receive a copy of the court order as soon as it is ready.
Consider mediation and legal advice
You and the respondent can agree on arrangements for your children. A judge will consider any agreement as part of a court application. Before applying to court, you should consider mediation and decide on getting professional legal advice or representing yourself.
Book an appointment at Dolphin House
If either of you live or work in Dublin, your local office may be Dublin District Court Family Law Office, also known as Dolphin House. You will need to book an appointment online first before attending the court office.
Attend appointment in Dolphin House
At the appointment, a court office staff member will walk you through the process for completing and submitting your guardianship, custody or access application. There are also some documents which you need to complete in advance and bring with you.
Attend court hearing
Both you and the respondent should attend court for the case to be heard by a judge. The judge will hear evidence from both of you and make a decision. The judge's decision is called a court order.
Receive a court order
After the court hearing, both you and the respondent will receive a copy of the court order as soon as it is ready.