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58.4  Order Under Section 7(5)(A) / 7(5)(B) - Guardianship Of Infants Act 1964, Section 7(5)

This form is used to request a court order under Section 7(5) of the Guardianship of Infants Act 1964, specifically under subsections 7(5)(A) or 7(5)(B). It's used when the court needs to make decisions about appointing, removing, or modifying guardianship arrangements for a child.

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Form Overview

58.4  Order Under Section 7(5)(A) / 7(5)(B) - Guardianship Of Infants Act 1964, Section 7(5)

This form is used to request a court order under Section 7(5) of the Guardianship of Infants Act 1964, specifically under subsections 7(5)(A) or 7(5)(B). It's used when the court needs to make decisions about appointing, removing, or modifying guardianship arrangements for a child.

The form captures information about the child's circumstances, proposed guardianship arrangements, and the legal reasons why the court should make the specific order under Section 7(5).

Risk Radar

  • The most common mistake is failing to provide sufficient evidence showing why the order under Section 7(5) is necessary.
  • Incomplete information about the child's circumstances
  • Missing required supporting documentation
  • Incorrectly identifying the relevant subsection of Section 7(5)
  • Failure to notify all interested parties

Plain English

This form helps the Irish courts decide who should be a child's legal guardian in specific situations. It's used when existing guardianship arrangements need to be changed or when no guardian currently exists.

Submission Date

  • There is no standard deadline for submitting this form, but it should be filed as soon as the need for a guardianship order under Section 7(5) arises to ensure timely court processing.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • Use this form when seeking a guardianship order under Section 7(5)(A) or 7(5)(B) of the Guardianship of Infants Act
  • Use when the court needs to appoint a guardian where no guardian exists
  • Use when the court needs to remove a guardian
  • Use when multiple guardians need to be appointed
  • Use when existing guardianship arrangements need to be modified

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Guardianship dispute between parentsForm 58.1Different legal basis for resolving disputesCheck if your situation fits Section 7(5) specifically
Application for guardianship where no biological parent is involvedForm 58.2Different legal procedures for non-parental guardianshipVerify which section of the Act applies to your case
Emergency guardianship applicationForm 58.3Different procedures for urgent casesDetermine if your situation requires expedited processing
Change of name for a childForm 58.5Different legal process for name changesEnsure you're applying for guardianship, not name change

Deadline or filing window

There is no standard deadline for submitting this form, but it should be filed as soon as the need for a guardianship order under Section 7(5) arises to ensure timely court processing.

Before you submit

  • All sections of the form are completed
  • Supporting documentation is attached
  • Correct court office is identified
  • Appropriate fee is included
  • Copies are made for personal records
  • All parties to be notified are identified
  • Form is signed in the correct places

How to file this form

  1. 1Obtain the correct version of Form 58.4 from the Courts Service
  2. 2Complete all sections with accurate information
  3. 3Gather necessary supporting documentation
  4. 4Submit the completed form to the appropriate court office
  5. 5Pay any required fees
  6. 6Serve notice to all interested parties
  7. 7Keep copies of all submitted materials

Known limitations

  • This form only applies to guardianship orders under Section 7(5) of the Act
  • It doesn't cover guardianship disputes between parents covered by other sections
  • The court may require additional information not covered by this form
  • Electronic submission may not be available for all court offices
  • The form doesn't address emergency guardianship situations

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Current Form Status

This form is current as of the information provided, but users should verify the latest version with the Courts Service of Ireland before submission.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify you're using the most current version of Form 58.4
  • Check if any recent amendments to the Guardianship of Infants Act affect this form
  • Confirm court fee requirements haven't changed
  • Ensure contact information for court offices is up-to-date
  • Check if electronic submission options have been added or modified

Quick Facts

This form is typically filed by parents, existing guardians, or social workers involved in a child's case when court intervention is needed for guardianship matters.
The form captures information about the child's circumstances, proposed guardianship arrangements, and the legal reasons why the court should make the specific order under Section 7(5).
Submit this form when the court needs to make a guardianship order under Section 7(5), typically when existing arrangements are inadequate or need modification.
Submit the completed form to the relevant court office of the Courts Service of Ireland, either in person, by post, or through their online portal if available.
Submitting this form correctly ensures the court has all necessary information to make proper guardianship decisions, which directly affects the child's welfare and legal rights.
Complete all sections with accurate information about the child and proposed guardians. Attach any supporting documents like birth certificates or affidavits. Submit to the appropriate court office and keep a copy for your records.

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

58.4  Order Under Section 7(5)(A) / 7(5)(B) - Guardianship Of Infants Act 1964, Section 7(5)

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After you file

  • Attend any required court hearings
  • Await the court's decision on the guardianship application
  • Receive the formal court order once issued
  • Implement the guardianship arrangements as ordered
  • Notify relevant parties of the court's decision
  • Keep the court order in a safe place

Source and verification log

  • Form number: 58.4 (confirmed from provided information)
  • Issuing agency: Courts Service of Ireland (confirmed from provided information)
  • Legal basis: Guardianship of Infants Act 1964, Section 7(5) (confirmed from provided information)
  • Subsections: 7(5)(A) and 7(5)(B) (confirmed from provided information)
  • Submission procedures (not confirmed in official source)
  • Current form status (not confirmed in official source)
  • Specific requirements for completion (not confirmed in official source)
  • Processing times (not confirmed in official source)

Common confusion points

7 things to watch for

  • 1

    Confusion about which subsection of Section 7(5) applies to the situation

  • 2

    Uncertainty about who qualifies as a guardian under this section

  • 3

    Misunderstanding the difference between guardianship and custody

  • 4

    Not realizing all interested parties must be notified

  • 5

    Confusion about the standard of proof required

  • 6

    Uncertainty about the court's discretion in making the order

  • 7

    Not understanding the ongoing obligations of a guardian

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