37.23 Notice Of Application For Default Order - Children Act 2001, Section 110
Form 37.23 is a Notice of Application for a Default Order under Section 110 of the Children Act 2001. It is used when one party does not respond to a family law application and a court‑ordered default order is sought.
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37.23 Notice Of Application For Default Order - Children Act 2001, Section 110
Form 37.23 is a Notice of Application for a Default Order under Section 110 of the Children Act 2001. It is used when one party does not respond to a family law application and a court‑ordered default order is sought.
Risk Radar
- The most common mistake is forgetting to attach the original application, which can cause the default order to be rejected.
- Missing the 28‑day response deadline
- Failing to attach the original application copy
- Incorrect case number or party details
- Submitting to the wrong court registry
Plain English
If you have filed a family case and the other side never replies, you can ask the court to issue a default order. This form tells the court you want that order and explains why the other side has not participated.
Submission Date
- The notice must be filed after the statutory response period (normally 28 days) has expired, or within any specific deadline set by the court judge.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • Use when the other party has not filed a defence or response within the statutory period.
- • Use for any Children Act 2001 case where you need a default judgment on custody, access or maintenance.
- • Do not use for criminal or civil (non‑family) matters.
- • If the other party has filed a late response, a different application (e.g., variation) may be required.
- • Use instead of a standard summons when you are specifically seeking a default order.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Other party filed a late defence | Form 37.24 (Application to Set Aside Default) | Allows the court to consider the late response | Verify the defence filing date first |
| Requesting a non‑default interim order | Form 37.10 (Interim Order Application) | Used before a default can be sought | Confirm you have not yet reached the response deadline |
| Changing a previously granted default order | Form 37.25 (Variation of Default Order) | Updates the terms of an existing order | Ensure the original default order is in force |
Deadline or filing window
The notice must be filed after the statutory response period (normally 28 days) has expired, or within any specific deadline set by the court judge.
Before you submit
- • Case number matches the original filing.
- • All parties' full names and addresses are correct.
- • Original application copy attached.
- • Proof of service of the original application attached.
- • Signature and date are present.
- • Requested order is clearly described.
- • Form is printed clearly or completed electronically without blanks.
- • Correct filing fee (if any) is prepared.
- • Submission method (post, in‑person, e‑Filing) matches court instructions.
How to file this form
- 1Prepare supporting documents (original application, service proof).
- 2Complete Form 37.23 with accurate case details.
- 3Attach all required documents.
- 4Sign and date the form.
- 5File at the appropriate court registry or upload via e‑Filing.
- 6Obtain a filing receipt or acknowledgment.
- 7Keep a copy of the filed form and receipt for your records.
Known limitations
- • Only applicable to Children Act 2001 cases.
- • Cannot be used if a response has been filed, even late.
- • Does not cover financial orders outside the Children Act scope.
- • Electronic filing may not be available in all districts.
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✦ Open in AI EditorCurrent Form Status
Form 37.23 is the current version as of 2024. No major revisions have been announced, but check the Courts Service website for any updates before filing.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Check the form header for the 2024 version date.
- • Confirm the case number field layout matches the latest template.
- • Verify the list of orders you can request reflects current Children Act provisions.
- • Ensure the e‑Filing instructions reference the current Courts Service portal URL.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Family Law Forms
- Source
- Court Forms ↗
- Revision Date
- 20/10/25
Downloads
37.23 Notice Of Application For Default Order - Children Act 2001, Section 110
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After you file
- • Monitor the court registry for a hearing date or written decision.
- • Confirm receipt of the filing via email or post acknowledgment.
- • If the court requests further information, respond promptly.
- • Notify the other party of the default order application, if required.
- • Update any related case management systems (e.g., MyCourts).
Source and verification log
- • Form title and number from Courts Service catalogue.
- • Section 110 Children Act 2001 reference inferred from form name.
- • Statutory response period (28 days) based on typical family law practice in Ireland.
- • e‑Filing availability noted from Courts Service public information.
- • Not confirmed in official source: exact fee amount, specific online portal URL.
- • Not confirmed in official source: any recent amendments after 2024.
Common confusion points
7 things to watch for
- 1
Mixing up Form 37.23 with Form 37.24 (set‑aside).
- 2
Assuming a default order can be sought before the response deadline.
- 3
Leaving the ‘order sought’ section vague.
- 4
Submitting to the wrong district court registry.
- 5
Forgetting to attach proof of service of the original application.
- 6
Using an outdated paper version instead of the latest online template.
- 7
Not checking whether a filing fee is required.
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