The Applicant must send a copy of the Notice and application form to the Respondent. This is called serving.
The court will require proof that the applicant has served the respondent. This is called proof of service.
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Who to serve
Guardian
| Scenario | Act | Serve on |
|---|---|---|
| Appointment of a parent as a guardian | Section 6A of the Act | Other parent and on any other guardian |
| Appointment as an adult who is married to, or in a civil partnership, with a parent of the children, and has shared the responsibility for the children’s day-to-day care for more than two years | Section 6C of the Act | Each parent or guardian |
| Appointment as an adult who has been a cohabitant of a parent of the children for over three years, and has shared the responsibility for the children’s day-to-day care for more than two years | Section 6C of the Act | Each parent or guardian |
| Appointment as an adult who has provided for the children’s day-to-day care for a continuous period of more than 12 months, and the children have no parent or guardian who is willing or able to exercise the rights and responsibilities of guardianship | Section 6C of the Act | Each parent or guardian and the CFA |
| Appointment as an adult where the children have no guardian | Section 8(1) of the Act | Ex-parte |
| Appointment of a nominated person as a temporary guardian (Form 58.32 must be served along with this application) | Section 6E(3) of the Act | Each person mentioned in Section 6E(4) of the Act |
| Appointment of a guardian in place of a deceased guardian | Section 8(5) of the Act | Ex-parte where child has no guardian or the applicant is the only guardian. Otherwise, each guardian. |
| Application for guardianship where no guardian has been appointed by a deceased parent | Section 8(2) of the Act | Any person directed by the court. Ex-parte if made by surviving parent. |
| Application for guardianship where a guardian appointed by a deceased parent has died or refuses to act | Section 8(2) of the Act | Any person directed by the court. Ex-parte if made by surviving parent. |
| Appointment of a guardian where another has been removed or is proposed to be removed | Section 8(5) of the Act | Ex-parte where child has no guardian or the applicant is the only guardian. Otherwise, each guardian. |
Applications to Remove a Guardian
| Scenario | Act | Serve on |
|---|---|---|
| Application to remove a guardian | Section 8(4), Section 8(6) of the Act | Each guardian |
| Application by a surviving guardian or testamentary guardian to remove the other | Section 7(4) of the Act | The surviving guardian or the testamentary child as the case may be |
| Application to remove a temporary guardian | Section 6E(11) of the Act | Each person mentioned in Section 6E(10) of the Act |
Applications for Declarations in Relation to Guardianship
| Scenario | Act | Serve on |
|---|---|---|
| Application for a declaration that a person is a guardian | Section 6F(1) of the Act | Each person mentioned in Section 6F(3) of the Act and any other person directed by the Court |
| Application for a declaration that a person is not a guardian | Section 6F(1) of the Act | Each person mentioned in Section 6F(3) of the Act and any other person directed by the Court |
Applications for Custody
| Scenario | Act | Serve on |
|---|---|---|
| As a guardian | Section 11 of the Act | Each parent or guardian |
| As a parent but not a guardian | Section 11 of the Act | Each parent or guardian |
| As a grandparent, brother, sister, uncle, or aunt | Section 11E of the Act | Each guardian |
| As an adult who is or was married to, or in a civil partnership with, or has been a cohabitant of the parent for more than 3 years, and has shared the responsibility for the children’s day-to-day care for more than two years | Section 11E of the Act | Each guardian |
| As an adult who has provided the children’s day-to-day care for a continuous period of more than twelve months | Section 11E of the Act | Each guardian |
Other Custody Applications
| Scenario | Act | Serve on |
|---|---|---|
| Application for an enforcement order where custody has been unreasonably denied | Section 18A(1) of the Act | Each parent and guardian |
| Application for reimbursement of expenses from the other party who fails to exercise custody | Section 18C(1) of the Act | Each parent and guardian |
Serving the respondent
The most common ways to serve a Notice and application form on the respondent are:
1. By registered post
You can send it to the respondent's last known home or work address. You must keep the certificate of postage given to you at the post office as you will need this to prove service. You should serve the respondent as early as possible but at least fourteen days before the court hearing date.
2. By personal service
This means serving the documents personally by handing them to the respondent. It can also be served by a summons server who is a person who specialises in serving legal documents. They must serve them in accordance with court rules. You will be charged for this service, so discuss fees beforehand. You should serve the respondent as early as possible but at least fourteen days before the court hearing date.
3. By alternative method approved by the court
In some cases, the court can approve of documents being served by other methods, such as by ordinary post or email. You must apply to the District Court for permission to serve documents by a different method. This is called an application for substituted service. If permission is granted, the summons must be served at least fourteen days before the court hearing date.
Proof of service
After the documents have been served, you must provide proof of service to the court. You do this by filing a Statutory Declaration of Service. This is a declaration verifying that the documents were served within a reasonable time.
- It must be signed and declared in the presence of a solicitor (but not your own), a Commissioner for Oaths or a Peace Commissioner. There may be a charge for this service so you should discuss it beforehand.
- This Statutory Declaration of Service must then be filed in the court office.
There are two types of statutory declaration depending on how you served the documents:
- If the Notice and application form were served by registered post. You must wait at least 10 days before completing the Statutory Declaration of Service. This is to ensure that the documents are not returned to you by the postal service un-served. The certificate of postage should be attached to the Statutory Declaration of Service which must then be filed in the court office.
Statutory Declaration of Service - Registered Post ->
- If the Notice and application form were served by personal service. The person who served the documents must fill out a Statutory Declaration of Service to declare that the documents have been served. This person could be you
or a summons server. The Statutory Declaration of Service must then be filed in the court office.
Statutory Declaration of Service - Personal Service ->
Note: If the Notice and application form are returned unserved by An Post, contact the Courts Service office immediately for further instructions.