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Form 84.40G – Interim Special Care Order - Child Care Act 1991, Section 23C (As Inserted By Section 16 Of The Children Act 2001)

Form 84.40G is used to apply for an interim special care order in Irish courts when a child needs immediate protection under the Child Care Act 1991. This form is specifically for situations requiring urgent court intervention before a full special care order can be considered.

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Form Overview

Form 84.40G – Interim Special Care Order - Child Care Act 1991, Section 23C (As Inserted By Section 16 Of The Children Act 2001)

Form 84.40G is used to apply for an interim special care order in Irish courts when a child needs immediate protection under the Child Care Act 1991. This form is specifically for situations requiring urgent court intervention before a full special care order can be considered.

The form captures information about the child's current situation, reasons why immediate care is needed, and evidence supporting the request for an interim special care order.

Risk Radar

  • Missing evidence of immediate risk to the child could result in the application being denied.
  • Incomplete information about the child's current situation
  • Missing supporting documentation from professionals
  • Incorrect legal citations or references to sections
  • Failure to demonstrate immediate risk to the child

Plain English

This form helps a court quickly decide if a child needs special care right away. It's used when a child might be in danger or at risk and cannot be safely cared for by their parents or guardians.

Submission Date

  • Interim special care order applications should be filed as soon as a child's immediate risk is identified, as there is no specific time limit but delays could affect the child's safety and the court's ability to intervene promptly.
  • 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 in immediate danger or at risk of harm
  • Use when parents cannot provide adequate care and protection
  • Use before applying for a full special care order
  • Do not use for routine child welfare matters
  • Use only when urgent court intervention is necessary

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Emergency protection situationForm 84.40GImmediate court intervention neededCheck if the situation truly requires immediate action
Long-term special care neededForm 84.40FFull hearing process requiredDetermine if interim order is necessary before full hearing
Child welfare assessmentChild welfare report formNon-legal assessment processCheck if legal intervention is necessary
Care proceedings without immediate riskStandard care applicationLess urgent court processVerify the urgency of the situation

Deadline or filing window

Interim special care order applications should be filed as soon as a child's immediate risk is identified, as there is no specific time limit but delays could affect the child's safety and the court's ability to intervene promptly.

Before you submit

  • Complete all sections of the form with accurate information
  • Attach all relevant reports and assessments
  • Verify all parties have been properly notified
  • Check that legal representation is in order
  • Ensure all required signatures are included
  • Confirm the correct court venue for the application

How to file this form

  1. 1Complete the form with all required information about the child and circumstances
  2. 2Gather supporting evidence and reports from social workers or professionals
  3. 3File the application with the appropriate District Court or Family Court
  4. 4Ensure all parties involved are properly served with the application
  5. 5Attend the court hearing for the interim order application

Known limitations

  • This form only applies to interim orders, not final special care orders
  • The court must be satisfied that the child is at immediate risk
  • The order is temporary pending a full hearing on the special care order
  • Only certain authorized persons can apply for this order

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Current Form Status

This form is current as per the Courts Service of Ireland, but legislation affecting special care orders may change, so verify the most recent requirements before submitting.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify the form references the correct sections of the Child Care Act 1991
  • Check that any references to the Children Act 2001 amendments are current
  • Ensure all court addresses and contact information are up to date
  • Confirm any recent changes to special care order procedures

Quick Facts

Social workers, guardians ad litem, or legal representatives typically file this form on behalf of the child or the state when a child's immediate safety is at risk.
The form captures information about the child's current situation, reasons why immediate care is needed, and evidence supporting the request for an interim special care order.
Submit this form as soon as a child's immediate risk is identified, as there is no specific time limit but delays could affect the child's safety and the court's ability to intervene promptly.
File the application at the relevant District Court or Family Court in Ireland, either in person at the court office or through legal representatives who can submit on your behalf.
Incomplete or incorrect information could result in the court denying the application, potentially leaving the child in an unsafe situation while awaiting a full hearing.
Complete all sections with accurate details about the child's circumstances and risks. Attach any relevant reports from social workers, healthcare professionals, or other assessments supporting the need for interim care. Submit to the appropriate court with any required documentation.

Form Details

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

Form 84.40G – Interim Special Care Order - Child Care Act 1991, Section 23C (As Inserted By Section 16 Of The Children Act 2001)

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After you file

  • Attend any scheduled court hearings
  • Monitor the child's situation while under interim care
  • Prepare for the full special care order hearing
  • Keep records of all communications and court orders
  • Follow up on any conditions set by the court

Source and verification log

  • Form issued by Courts Service of Ireland
  • Based on Child Care Act 1991, Section 23C
  • Amended by Children Act 2001, Section 16
  • Used for interim special care orders only
  • Not confirmed in official source: specific eligibility criteria for applicants
  • Not confirmed in official source: exact time limits for interim orders
  • Not confirmed in official source: current court fees for this application

Common confusion points

5 things to watch for

  • 1

    Confusing interim orders with final special care orders

  • 2

    Not understanding who has legal standing to apply for this order

  • 3

    Misinterpreting the grounds for immediate risk

  • 4

    Unclear about the difference between emergency protection and special care

  • 5

    Not knowing which court has jurisdiction for the application

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