This Irish government form is used to apply for a custody order under Section 11E of the Guardianship Of Infants Act 1964. It should be used when one party is seeking to obtain legal custody of a child in Ireland.
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This Irish government form is used to apply for a custody order under Section 11E of the Guardianship Of Infants Act 1964. It should be used when one party is seeking to obtain legal custody of a child in Ireland.
Plain English
This form helps you ask the court to make a legal decision about who a child should live with when parents can't agree. It's part of the legal process for sorting out living arrangements for children in Ireland.
Submission Date
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Guardianship application | Form 58.41 | Deals with legal rights and responsibilities beyond just living arrangements | Check if you're seeking more than just custody |
| Access application | Form 58.43 | Focuses specifically on visitation rights rather than primary custody | Check if the main issue is access rather than who the child lives with |
| Emergency custody application | Form 58.44 | Used for urgent situations requiring immediate court intervention | Check if there's an immediate risk to the child's safety |
| Family mediation application | Form 58.45 | Used to attempt mediation before court proceedings | Check if you've tried mediation first |
There is no specific deadline for submitting this form, but applications should be made as soon as custody arrangements need to be formalized, as delays can impact the child's living arrangements.
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This form is currently in use as part of the Irish family law system, though specific recent changes are not confirmed in official source.
Agency: Courts Service of Ireland
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58.42 Order Under Section 11E Giving Custody - Guardianship Of Infants Act 1964
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7 things to watch for
Confusing custody with guardianship rights
Not understanding which court has jurisdiction
Unclear about required supporting documentation
Misunderstanding the service requirements for other parties
Confusion about court fee amounts
Not knowing when legal representation is necessary
Unclear about the difference between custody and access arrangements
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