Step 3
Download and complete paperwork
Before choosing the application form(s), you should read our information on eligibility carefully.
More information about Guardianship eligibility >
More information about Custody eligibility >
More information about Access eligibility >
Download the relevant application form(s) for your particular Family Law issue. The forms are listed below. If you cannot download a form, you can request it from your local Court office.
Complete the relevant application forms. Make sure that all information is completed but do not insert a court date and time on the application form. You or your legal representative must contact or visit the Courts Service office. This can be done by phone, post or by attending the court office. The Courts Service will assign a hearing date for your case.
Depending on the application type you are making, you might need to fill out a Statement of Arrangements form. Read the instructions on the form carefully and fill out the relevant sections. You must attach two copies of your completed Statement of Arrangements form to your application form. The Statement of Arrangements form must then be served on the respondent(s) along with the application form.
Guardianship Application Forms
| Scenario | Forms | Serve on |
|---|---|---|
| Application as a parent but not a guardian. | 58.1 & 58.49 | Other parent and any other guardian |
| Application as an adult who is married to or is in a civil partnership with, or a cohabitant of the parent of a child. | 58.30 & 58.49 | Each parent and any other guardian |
| Application as an adult who has provided for the child’s day-to-day care. | 58.30 & 58.49 | Each parent and any other guardian and CFA* |
| Application for a declaration as to whether a person is or is not a guardian. | 58.37 & 58.49 | Each Guardian |
| Application to remove a guardian and appoint another (if applicable). | 58.11 & 58.49 | Each Guardian |
| Application to appoint a guardian in place of deceased guardian. | 58.12 & 58.49 | Each guardian or ex-parte |
| Application to appoint a guardian where there is no guardian. | 58.7 & 58.49 | Ex-Parte |
| Application for guardianship by a surviving parent. | 58.9 & 58.49 | Ex-Parte/other parent |
| Application for temporary guardianship where the qualifying guardian becomes incapable. | 58.32 & 58.33 & 58.49 | Guardian, nominee, parent of child, CFA* |
| Application to remove a temporary guardian. | 58.35 & 58.49 | Guardian, parent (if not a guardian), CFA* |
| Application to remove a guardian. | 58.39 & 58.49 | Each guardian |
| Application by a surviving guardian/testamentary guardian – Section 7(4). | 58.3 & 58.49 | Surviving guardian and any testamentary guardian |
*The CFA is the Child and Family Agency (Tusla)
Custody and Access
| Scenario | Forms | Serve on |
|---|---|---|
| Application as a parent or guardian for custody and/or access, or for directions about other matters affecting the welfare of the child. | 58.17** & 58.49 | Each parent or guardian |
| Application for custody as a relative of a child. | 58.41 & 58.49 | Each guardian |
| Application for custody as an adult who is married to, civil partnered with, or a cohabitant of a parent of the child. | 58.41 & 58.49 | Each guardian |
| Application for custody as an adult who has provided for the child’s day to day care. | 58.41 & 58.49 | Each guardian |
| Application for access as a relative, or as a person who has acted in the place of a parent. | 8.19 & 58.49 | Each guardian |
| Application to change or discharge an existing order. | 58.21 | Each guardian |
| Application for the production of child(ren). | 58.23 | Person who has custody of child |
| Application for an enforcement order for breach of custody of access. | 58.43 | Each guardian and parent |
| Application to end or change an enforcement order. | 58.45 | Each person on whom the application for the enforcement order was made |
| Application for reimbursement of expenses from the other party who fails to exercise custody/access. | 58.47 | Respondent Guardian or parent |
** If you are requesting maintenance as part of this application, the judge may request information in court about your:
- Income such as income from employment, social welfare benefits, or other sources.
- Assets such as information and valuations of land, property, vehicles, or other assets.
- Expenditure such as household bills, loan repayments, or other expenses you have.
- Supports for other people such as maintenance payments for other dependent children.
Forms for passport issues
| Scenario | Forms | Serve on |
|---|---|---|
| Application to dispense with the consent of the other guardian for the issue of a child’s passport | 58.17 & 58.49 | Each parent or guardian/Ex-Parte*** |
| Application for an order for access to a child's passport | 58.17 & 58.49 | Each parent or guardian |
***If you are not aware of the other parent or guardian's whereabouts, you can make this application without serving them. This is called an 'ex-parte' application.
If you are applying to dispense with the consent of the other guardian for the issue of a child's passport, you may also be required to provide some supporting documents to the court, such as:
- The child's previous passport (if applicable)
- The child's birth certificate
- Proof of any attempts to locate the other guardian
- Proof of any requests asking the other guardian to sign the application form
- Proof of travel details if the passport is required urgently