58.38 Order Making A Declaration That A Person Is Or Is Not A Guardian - Guardianship Of Infants Act 1964, Section 6F(1) (Inserted By Section 49 Of The Children And Family Relationships Act 2015)
This form is used to make a court declaration about whether a person is or is not a guardian of an infant under Irish law. It should be used when there is uncertainty or dispute about guardianship status that requires formal legal clarification.
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58.38 Order Making A Declaration That A Person Is Or Is Not A Guardian - Guardianship Of Infants Act 1964, Section 6F(1) (Inserted By Section 49 Of The Children And Family Relationships Act 2015)
This form is used to make a court declaration about whether a person is or is not a guardian of an infant under Irish law. It should be used when there is uncertainty or dispute about guardianship status that requires formal legal clarification.
Risk Radar
- The most common mistake is not properly notifying all parties who may have an interest in the guardianship declaration.
- Incorrectly identifying the person whose guardian status is being questioned
- Failing to provide adequate evidence to support the declaration request
- Not following proper court procedures for serving notice to all interested parties
- Missing required information about the child involved
Plain English
This is a court form that helps resolve questions about who has legal responsibility for a child in Ireland. If you're unsure if someone is officially recognized as a guardian or need to challenge someone's guardian status, this form can help get that settled by the courts.
Submission Date
- There is no specific deadline for filing this form, but it should be submitted as soon as guardianship uncertainty arises to prevent legal complications. Court processing times may vary, so allow sufficient time before any urgent decisions need to be made.
- 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 there is uncertainty about who qualifies as a guardian under Irish law
- • Use when a formal declaration is needed to resolve a guardianship dispute
- • Use when you need to establish or challenge someone's legal guardian status
- • Use when informal agreements about guardianship are no longer sufficient
- • Do not use for routine guardianship arrangements without dispute
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Applying for guardianship initially | Form 58.37 | Establishes guardianship rather than declaring existing status | Check if you're applying for new guardianship rather than challenging existing status |
| Seeking custody arrangements instead | Form 58.1 | Focuses on custody rather than legal guardianship | Determine if you need custody rights or formal guardian status |
| Resolving guardianship through agreement | Mediation services | Avoids court process but may not provide same legal certainty | Consider if all parties can agree without court intervention |
| Challenging access rights | Form 58.3 | Addresses access rather than guardianship status | Check if the issue is about access or legal guardian status |
Deadline or filing window
There is no specific deadline for filing this form, but it should be submitted as soon as guardianship uncertainty arises to prevent legal complications. Court processing times may vary, so allow sufficient time before any urgent decisions need to be made.
Before you submit
- • Complete all sections of the form with accurate information
- • Prepare a copy of the child's birth certificate
- • Gather any relevant evidence supporting your declaration request
- • Calculate and include the correct court fee
- • Ensure all parties who may have an interest in the declaration are properly identified
- • Check that the form is signed and dated correctly
- • Make copies of the completed form for your records
- • Verify the correct court office for submission
How to file this form
- 1Obtain the correct version of Form 58.38 from the Courts Service
- 2Complete all sections with accurate information about the parties and declaration sought
- 3Gather supporting documentation and evidence
- 4Submit the completed form to the appropriate court office with the required fee
- 5Ensure all interested parties are properly notified of the application
- 6Attend any required court hearings
- 7Wait for the court's decision and obtain a copy of the declaration
Known limitations
- • This form only addresses guardian status declarations, not custody or access arrangements
- • The court may not grant the exact declaration requested if it's not in the child's best interests
- • The form cannot be used to establish guardianship status for the first time
- • Court decisions may be appealed, potentially delaying the final declaration
- • The declaration applies only to the specific circumstances outlined in the application
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This form appears to be current based on the 2015 Children and Family Relationships Act amendments, but always verify the latest version with the Courts Service of Ireland before use.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Verify you're using the version that includes the 2015 Children and Family Relationships Act amendments
- • Check for any recent updates to the declaration procedures in Section 6F
- • Confirm the current required court fee amount
- • Ensure the form includes updated contact information for the Courts Service
- • Check if any supporting documentation requirements have changed
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Family Law Forms
- Source
- Court Forms ↗
- Revision Date
- 23/10/25
Downloads
58.38 Order Making A Declaration That A Person Is Or Is Not A Guardian - Guardianship Of Infants Act 1964, Section 6F(1) (Inserted By Section 49 Of The Children And Family Relationships Act 2015)
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After you file
- • Keep a copy of the submitted form and any court documentation
- • Monitor for any correspondence from the court about hearings or decisions
- • Attend any required court hearings
- • Follow up with the court if you haven't received a decision within the expected timeframe
- • Implement the declaration as directed by the court
- • Consider legal advice if the court's decision is not what you expected
Source and verification log
- • Form issued by Courts Service of Ireland
- • Based on Guardianship Of Infants Act 1964
- • Amended by Children And Family Relationships Act 2015
- • Specifically references Section 6F(1) inserted by Section 49
- • Not confirmed in official source: Current processing times
- • Not confirmed in official source: Specific court fees
- • Not confirmed in official source: Required supporting documentation
- • Not confirmed in official source: Appeal procedures for declarations
Common confusion points
8 things to watch for
- 1
Confusing guardianship with custody or access rights
- 2
Not understanding who qualifies as a guardian under Irish law
- 3
Uncertainty about whether to use this form or apply for initial guardianship
- 4
Misunderstanding the difference between legal and practical guardianship
- 5
Not realizing that both parents are typically guardians unless specifically removed
- 6
Confusion about the role of the court in making guardianship declarations
- 7
Not understanding that a declaration may not resolve all related issues
- 8
Assuming the form can be used to change existing guardianship arrangements
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