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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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.
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
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Guardianship dispute between parents | Form 58.1 | Different legal basis for resolving disputes | Check if your situation fits Section 7(5) specifically |
| Application for guardianship where no biological parent is involved | Form 58.2 | Different legal procedures for non-parental guardianship | Verify which section of the Act applies to your case |
| Emergency guardianship application | Form 58.3 | Different procedures for urgent cases | Determine if your situation requires expedited processing |
| Change of name for a child | Form 58.5 | Different legal process for name changes | Ensure you're applying for guardianship, not name change |
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.
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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
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58.4 Order Under Section 7(5)(A) / 7(5)(B) - Guardianship Of Infants Act 1964, Section 7(5)
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7 things to watch for
Confusion about which subsection of Section 7(5) applies to the situation
Uncertainty about who qualifies as a guardian under this section
Misunderstanding the difference between guardianship and custody
Not realizing all interested parties must be notified
Confusion about the standard of proof required
Uncertainty about the court's discretion in making the order
Not understanding the ongoing obligations of a guardian
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