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Form 84.40K – Notice Of Application To Discharge A Special Care Order And Make A Supervision Order - Child Care Act 1991

This form is an application to end a Special Care Order and replace it with a Supervision Order for a child under the Child Care Act 1991. It should be used when seeking to modify existing care arrangements for a child currently under a Special Care Order.

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Form Overview

Form 84.40K – Notice Of Application To Discharge A Special Care Order And Make A Supervision Order - Child Care Act 1991

This form is an application to end a Special Care Order and replace it with a Supervision Order for a child under the Child Care Act 1991. It should be used when seeking to modify existing care arrangements for a child currently under a Special Care Order.

The form captures information about why the Special Care Order should be discharged and why a Supervision Order would be more appropriate for the child's current situation.

Risk Radar

  • The most common mistake is not providing enough evidence that the child's circumstances have changed sufficiently to warrant a different type of order.
  • Incomplete or inaccurate information about the child's current situation
  • Failure to provide sufficient evidence supporting the need for a Supervision Order
  • Missing deadlines for submission
  • Not properly notifying all relevant parties

Plain English

This form helps you ask the court to change how a child is cared for. If a child is currently in a Special Care Order (which involves more restrictions), this form lets you request a Supervision Order instead (which is less restrictive but still involves oversight).

Submission Date

  • There is typically no fixed deadline for submitting this form, but it should be filed as soon as there is a legitimate reason to change the care order, and well before any scheduled court review dates.
  • 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 when you want to replace a Special Care Order with a Supervision Order
  • Use when the child's situation has improved but still needs oversight
  • Use when less restrictive care arrangements are now appropriate
  • Use when the child can be safely cared for with supervision rather than special care
  • Use only for cases already under a Special Care Order

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Applying for a new Special Care OrderForm 84.40ADifferent legal standard and processCurrent orders in place
Applying for a Supervision Order onlyForm 84.40BDifferent application processWhether a Special Care Order currently exists
Seeking to extend an existing orderExtension formDifferent legal requirementsCurrent order expiry date
Applying for emergency care orderEmergency formImmediate legal powersWhether urgent action is needed

Deadline or filing window

There is typically no fixed deadline for submitting this form, but it should be filed as soon as there is a legitimate reason to change the care order, and well before any scheduled court review dates.

Before you submit

  • All sections of the form are completed
  • Supporting evidence is attached and referenced
  • The child's current situation is accurately described
  • Reasons for changing the order are clearly stated
  • All relevant parties have been notified
  • Form is signed by the authorized person
  • Court fees are paid if applicable
  • Copies are made for personal records

How to file this form

  1. 1Obtain the correct Form 84.40K from the Courts Service website or court office
  2. 2Complete all sections with accurate information
  3. 3Gather supporting evidence and documents
  4. 4Submit the completed form to the appropriate court office
  5. 5Pay any required court fees
  6. 6Keep copies of the submitted form and all supporting documents
  7. 7Attend any required court hearings related to the application

Known limitations

  • This form cannot be used to apply for a new Special Care Order
  • It cannot be used to extend an existing order beyond its current term
  • It does not replace the need for legal advice in complex cases
  • The court may still refuse the application even if properly submitted
  • It does not guarantee a change in the child's care arrangements

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Current Form Status

This is the current version of Form 84.40K as issued by the Courts Service of Ireland, but always check the Courts Service website for any recent updates before use.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check if recent amendments to the Child Care Act 1991 affect this form
  • Verify if court procedures for submitting this form have changed
  • Confirm if additional supporting documents are now required
  • Ensure the form references current court fees and payment methods
  • Check if online submission options have been added or modified
  • Verify if contact information for court offices has been updated

Quick Facts

This form would typically be filed by a social worker, legal representative, or other authorized person involved in the child's care proceedings who is seeking to modify the existing care order.
The form captures information about why the Special Care Order should be discharged and why a Supervision Order would be more appropriate for the child's current situation.
This form should be submitted when there has been a significant change in circumstances that makes the current Special Care order no longer necessary or appropriate, and a Supervision Order would be more suitable.
The form should be submitted to the relevant court office handling the child care proceedings, either in person, by post, or potentially through an online court portal if available.
Submitting this form correctly is important as it directly affects the legal arrangements for a child's care. Errors or delays could result in the court not considering your request or making decisions without complete information.
Complete all sections of the form with accurate and up-to-date information. Provide clear reasons why the Special Care Order should be discharged and why a Supervision Order is appropriate. Include any supporting evidence or documents that strengthen your case. Submit the completed form to the appropriate court office.

Form Details

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

Form 84.40K – Notice Of Application To Discharge A Special Care Order And Make A Supervision Order - Child Care Act 1991

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After you file

  • Await notification of the court's decision
  • Prepare for any court hearings if required
  • Continue current care arrangements until a new order is in place
  • Monitor the child's progress under any new arrangements
  • Keep records of all communications with the court
  • Seek legal advice if the court's decision is unfavorable

Source and verification log

  • Form issued by Courts Service of Ireland
  • Related to Child Care Act 1991
  • Concerns discharge of Special Care Orders
  • Involves making Supervision Orders
  • Not confirmed in official source: specific submission procedures
  • Not confirmed in official source: current court fees
  • Not confirmed in official source: exact processing times
  • Not confirmed in official source: required supporting documents

Common confusion points

7 things to watch for

  • 1

    Confusing Special Care Orders with Supervision Orders

  • 2

    Not understanding the legal threshold for changing an order

  • 3

    Uncertainty about who can legally submit this form

  • 4

    Misunderstanding the required evidence to support the application

  • 5

    Confusion about the timeline for court decisions

  • 6

    Not knowing which court office to submit the form to

  • 7

    Uncertainty about notification requirements for other parties

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