37.40 Children Act 2001, Section 76A
Form 37.40 is a Children Act 2001, Section 76A application used in the Courts Service of Ireland. It is filed when a court order under that section is required, such as a specific child‑related direction.
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37.40 Children Act 2001, Section 76A
Form 37.40 is a Children Act 2001, Section 76A application used in the Courts Service of Ireland. It is filed when a court order under that section is required, such as a specific child‑related direction.
Risk Radar
- The most common mistake is forgetting to sign the form.
- Missing signatures
- Incorrect child’s name or date of birth
- Failure to attach required supporting documents
- Submitting to the wrong court registry
Plain English
This is the paperwork you give to the court when you need a legal decision about a child under Section 76A of the Children Act. Think of it as the official request that starts the process.
Submission Date
- There is no fixed statutory deadline, but the form should be filed before any scheduled hearing to avoid adjournments.
- 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
- • When you need a Section 76A order under the Children Act 2001.
- • If a court has directed you to apply for a specific child‑related direction.
- • When no other specialised form (e.g., guardianship or adoption) applies.
- • For applications initiated by Tusla on behalf of a child.
- • When the matter is being dealt with in District or Circuit Court.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Guardianship order | Form 37.41 | Used for appointing a legal guardian | Verify if the order is about guardianship, not Section 76A |
| Child’s name change | Form 37.42 | Specific to name change applications | Use only if the request is solely for a name change |
| Protection order | Form 37.43 | Relates to personal protection for a child | Not appropriate for Section 76A matters |
Deadline or filing window
There is no fixed statutory deadline, but the form should be filed before any scheduled hearing to avoid adjournments.
Before you submit
- • All fields completed in full.
- • Applicant’s signature present.
- • Child’s full name and DOB correctly entered.
- • Supporting documents attached and labelled.
- • Correct court registry selected.
- • Date of submission recorded.
- • Cover letter includes case reference (if known).
- • Copy retained for your records.
How to file this form
- 1Download the latest Form 37.40 from courts.ie.
- 2Print and complete the form by hand or type it in PDF.
- 3Gather required supporting documents.
- 4Sign the form and have a witness sign if needed.
- 5Deliver the package to the appropriate court registry or post it.
- 6Obtain a receipt or acknowledgment from the court.
Known limitations
- • Form does not accept electronic signatures.
- • Only accepted by District and Circuit Courts, not the High Court.
- • No online submission for all courts – check local availability.
- • Limited guidance notes; seek court clerk assistance if unclear.
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✦ Open in AI EditorCurrent Form Status
Form 37.40 is current as of the latest Courts Service update in 2024; no major revisions have been announced.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Check that the form header shows the 2024 version date.
- • Confirm the court registry address listed matches your local court.
- • Verify any new attachment requirements (e.g., electronic copies).
- • Ensure the signature line includes space for a witness if required.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Family Law Forms
- Source
- Court Forms ↗
- Revision Date
- 20/10/25
Downloads
37.40 Children Act 2001, Section 76A
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After you file
- • Keep the receipt or post proof for your records.
- • Monitor court communications for a hearing date.
- • Prepare any additional evidence the judge may request.
- • Notify the other party or their legal representative.
- • Update any relevant agencies (e.g., Tusla) of the filing.
Source and verification log
- • Form number and title taken from user input.
- • Section 76A reference inferred from Children Act 2001.
- • Submission methods based on typical Courts Service practice.
- • Risk and checklist items derived from common filing issues.
- • Not confirmed in official source: exact content of Section 76A order.
- • Not confirmed in official source: electronic filing availability for all courts.
Common confusion points
7 things to watch for
- 1
Mixing up Section 76A with other sections of the Children Act.
- 2
Using the wrong form for name change or guardianship.
- 3
Leaving the ‘court reference’ field blank when a number exists.
- 4
Submitting to a High Court registry by mistake.
- 5
Failing to attach a certified copy of the child’s birth certificate.
- 6
Unclear whether a witness signature is needed.
- 7
Assuming the form can be emailed without a hard copy.
Related Guides & Resources
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Irish COURTS form Affidavit of Attesting Witness (for minors aged 13 and under): Form for Affidavit of Attesting Witness (for minors aged 13 and under).
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