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Form 84.2 – Notice Of Application For An Emergency Care Order (Where Child Is Not In Custody Of Health Board) - Child Care Act, 1991 Section 13(1)

Form 84.2 is a legal notice used to apply for an Emergency Care Order under the Child Care Act, 1991 when a child is not in the custody of a Health Board. This form initiates the legal process for obtaining immediate protection for a child believed to be at risk or in need of emergency care.

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Form Overview

Form 84.2 – Notice Of Application For An Emergency Care Order (Where Child Is Not In Custody Of Health Board) - Child Care Act, 1991 Section 13(1)

Form 84.2 is a legal notice used to apply for an Emergency Care Order under the Child Care Act, 1991 when a child is not in the custody of a Health Board. This form initiates the legal process for obtaining immediate protection for a child believed to be at risk or in need of emergency care.

The form captures information about the child, the reasons for seeking the emergency order, the current situation of the child, and details about why immediate intervention is necessary.

Risk Radar

  • The most common mistake is not clearly establishing the immediate risk that requires emergency court intervention.
  • Incomplete information about the child's current situation
  • Failure to demonstrate immediate risk requiring emergency intervention
  • Missing required supporting documentation
  • Incorrect court jurisdiction

Plain English

This form is how you formally ask the court to step in and protect a child right away when there's an urgent concern. It's specifically for situations where the child isn't already under the care of a Health Board, like the HSE.

Submission Date

  • There is no specific deadline, but this form must be submitted as soon as possible when an emergency situation arises. Delays could result in missing the opportunity for timely intervention.
  • 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 when a child is not in Health Board custody but needs immediate protection
  • Use when there's an urgent risk to a child's welfare
  • Use when normal child protection procedures are insufficient
  • Use when you need court authority to remove a child from a dangerous situation
  • Do not use for standard care applications - use Form 84 for those

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Child already in Health Board custodyForm 84.1Different process when Health Board has custodyCheck who currently has legal responsibility for the child
Standard care order application (non-emergency)Form 84Less urgent process with different requirementsAssess whether the situation truly requires immediate intervention
Interim care order applicationForm 84.3Used when an order is needed before a full hearingDetermine if a full hearing will be required within the timeframe
Guardianship applicationForm 11Different legal process for appointing a guardianCheck if the issue is about guardianship rather than care orders

Deadline or filing window

There is no specific deadline, but this form must be submitted as soon as possible when an emergency situation arises. Delays could result in missing the opportunity for timely intervention.

Before you submit

  • All sections of the form are completed
  • Child's personal details are accurate
  • Specific reasons for emergency care order are clearly stated
  • Evidence of immediate risk is documented
  • Supporting documents are attached
  • Form is signed and dated
  • Copy is kept for your records

How to file this form

  1. 1Complete all sections of Form 84.2 with accurate information
  2. 2Gather supporting evidence demonstrating immediate risk
  3. 3Submit the completed form to the appropriate District Court or Family Court
  4. 4Attend any required court hearings
  5. 5Follow up with the court clerk to confirm receipt
  6. 6Keep copies of all submitted documents

Known limitations

  • This form only applies to situations where the child is not in Health Board custody
  • Emergency orders are temporary measures, not long-term solutions
  • The court must be satisfied that immediate intervention is necessary
  • This form does not guarantee the court will grant the emergency order

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Current Form Status

This form is current and in use as of the latest information available. Always verify with the Courts Service for any recent updates.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify you're using the most current version from the Courts Service website
  • Check for any recent changes in required documentation
  • Confirm the court fees haven't been updated
  • Ensure all contact information sections are current
  • Review if any new explanatory notes have been added

Quick Facts

This form is typically completed by social workers, guardians, or other professionals who have concerns about a child's welfare and need immediate court intervention.
The form captures information about the child, the reasons for seeking the emergency order, the current situation of the child, and details about why immediate intervention is necessary.
Submit this form when there's an immediate risk to a child's welfare that cannot be addressed through normal procedures and requires urgent court intervention.
Submit this form to the relevant District Court or Family Court where the child is located. Check with your local court office for specific submission requirements.
Submitting correctly ensures the court can make a timely decision to protect the child. Errors or delays could result in missing the window for emergency intervention.
Complete all sections with accurate information about the child and the emergency situation. Attach any supporting evidence that demonstrates the immediate risk. Submit the completed form to the appropriate court office, ensuring you keep a copy for your records.

Form Details

Agency
Courts Service of Ireland
Revision Date
18/10/25

Form 84.2 – Notice Of Application For An Emergency Care Order (Where Child Is Not In Custody Of Health Board) - Child Care Act, 1991 Section 13(1)

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After you file

  • Prepare for any court hearings that may be scheduled
  • Monitor the child's situation while awaiting the court decision
  • Keep records of any further incidents or concerns
  • Follow up with the court clerk about the status of your application
  • Prepare for possible alternative arrangements if the order is not granted

Source and verification log

  • Form issued by Courts Service of Ireland
  • Based on Child Care Act, 1991 Section 13(1)
  • Specifically for situations where child is not in Health Board custody
  • Emergency care orders are temporary measures
  • Not confirmed in official source: specific court fees
  • Not confirmed in official source: exact processing timeframes
  • Not confirmed in official source: current contact details for all courts

Common confusion points

7 things to watch for

  • 1

    Confusing this form with standard care order applications (Form 84)

  • 2

    Not understanding the difference between emergency and non-emergency orders

  • 3

    Uncertainty about which court has jurisdiction

  • 4

    Difficulty identifying what constitutes 'immediate risk'

  • 5

    Confusion about when Health Board custody applies versus other situations

  • 6

    Not knowing what supporting evidence is required

  • 7

    Misunderstanding the temporary nature of emergency orders

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