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Form 84.35 – Notice Of Application To Vary / Discharge / A Care Order / A Condition / Direction Attaching To A Care Order - Child Care Act, 1991

This form is a formal notice used to request changes to existing care orders made under the Child Care Act, 1991. It should be used when you need to vary, discharge, or add conditions/directions to a current care order.

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Form Overview

Form 84.35 – Notice Of Application To Vary / Discharge / A Care Order / A Condition / Direction Attaching To A Care Order - Child Care Act, 1991

This form is a formal notice used to request changes to existing care orders made under the Child Care Act, 1991. It should be used when you need to vary, discharge, or add conditions/directions to a current care order.

The form captures details about the current care order, the specific changes being requested, and reasons why those changes are necessary. It includes declarations about the child's welfare and circumstances.

Risk Radar

  • The most common mistake is not providing sufficient evidence to support why the changes are in the child's best interests.
  • Incomplete information about the current care order
  • Missing supporting evidence for the requested changes
  • Incorrect court location for submission
  • Not notifying all relevant parties

Plain English

This form helps you ask the court to change an existing care order for a child. You might use it if you want to end the order, change its terms, or add new conditions to it. The court will review your request and decide whether to make the changes.

Submission Date

  • There's no strict deadline for submitting this form, but applications should be made as soon as changes to a care order are needed. Allow at least several weeks before any scheduled court hearing.
  • 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 to request changes to an existing care order
  • Use when you want to completely end (discharge) a care order
  • Use when you need to modify the terms of a current care order
  • Use when you want to add conditions or directions to an existing care order
  • Do not use this form for initial applications for a care order

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Initial application for a care orderForm 84.1Different process for first-time ordersCheck if this is a new application or modification
Urgent application without noticeForm 84.34Requires different procedures for emergency situationsVerify if this is an emergency requiring immediate court action
Application for supervision orderForm 84.33Different legal framework for supervisionConfirm whether you need a care order or supervision order
Application for special care orderForm 84.36Different process for children with special needsCheck if the child has special care requirements
Appeal against care order decisionForm for appealsDifferent legal process for challenging decisionsDetermine if you're appealing or requesting changes

Deadline or filing window

There's no strict deadline for submitting this form, but applications should be made as soon as changes to a care order are needed. Allow at least several weeks before any scheduled court hearing.

Before you submit

  • Form is fully completed with all sections filled
  • Current care order details are accurately recorded
  • Specific changes requested are clearly described
  • Supporting documents are attached
  • Correct court address and fees are included
  • Copies have been made for your records
  • All relevant parties have been notified

How to file this form

  1. 1Obtain the correct version of Form 84.35 from the Courts Service
  2. 2Complete all sections with accurate information about the current care order
  3. 3Prepare supporting documents that justify your requested changes
  4. 4Submit the completed form to the appropriate court office
  5. 5Pay any required fees
  6. 6Keep copies of everything submitted
  7. 7Attend any scheduled court hearings

Known limitations

  • This form cannot be used for initial applications for a care order
  • The court may not grant all requested changes
  • The process can be time-consuming and may require multiple court appearances
  • Legal advice is recommended but not required
  • The court prioritizes the child's welfare over all other considerations

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Current Form Status

This form is current under the Child Care Act, 1991, but check the Courts Service website for any recent updates before filing.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify you're using the latest version of Form 84.35
  • Check that the form references the current Child Care Act, 1991
  • Ensure court fees and payment methods are up to date
  • Confirm the correct court address for submission
  • Check if any additional documentation requirements have been added

Quick Facts

This form is typically filed by parents, guardians, social workers, or legal representatives involved in a care order case who wish to request changes to the existing order.
The form captures details about the current care order, the specific changes being requested, and reasons why those changes are necessary. It includes declarations about the child's welfare and circumstances.
Submit this form as soon as you decide you need to change a care order, but allow sufficient time before any court hearing. There's no specific deadline, but delays could impact the child's situation.
Submit this form to the relevant District Court or Family Court handling the care order case. Check with the local court office for specific submission methods, which may include in-person submission, by post, or through an online portal if available.
Submitting correctly ensures your application is properly considered by the court. Errors or delays could result in your request being rejected or postponed, potentially affecting the child's welfare and legal status.
Complete the form with accurate information about the current care order and the changes you're requesting. Attach any supporting documents that strengthen your case. Make copies for your records before submitting to the court.

Form Details

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

Form 84.35 – Notice Of Application To Vary / Discharge / A Care Order / A Condition / Direction Attaching To A Care Order - Child Care Act, 1991

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After you file

  • Wait for court notification of the hearing date
  • Prepare any additional documentation requested by the court
  • Attend the hearing prepared to explain your requested changes
  • Follow up with the court for the decision
  • Implement any changes ordered by the court
  • Monitor the child's situation after any modifications to the care order

Source and verification log

  • Form number confirmed as 84.35 from Courts Service of Ireland
  • Purpose confirmed as applications to vary, discharge, or add conditions to care orders
  • Based on Child Care Act, 1991
  • Issued by Courts Service of Ireland
  • Not confirmed in official source: Current processing times
  • Not confirmed in official source: Specific fee amounts
  • Not confirmed in official source: Online submission availability
  • Not confirmed in official source: Recent form updates or changes

Common confusion points

8 things to watch for

  • 1

    Confusing this form with initial applications for care orders

  • 2

    Not understanding the difference between varying, discharging, and adding conditions

  • 3

    Uncertainty about which court has jurisdiction

  • 4

    Misunderstanding the legal standard of 'child's best interests'

  • 5

    Not knowing who needs to be notified of the application

  • 6

    Confusion about required supporting evidence

  • 7

    Uncertainty about the timeline for court decisions

  • 8

    Not understanding the role of the Child and Family Agency in the process

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