Form 84.40R – Notice Of Application For Order In Respect Of Private Foster Care Arrangement - Child Care Act 1991, Section 23U (As Inserted By Section 16 Of The Children Act 2001)
Form 84.40R is a legal form used to notify the court of an application for an order in respect of a private foster care arrangement under Section 23U of the Child Care Act 1991. This form is specifically for situations where a private foster care arrangement requires court approval.
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Form 84.40R – Notice Of Application For Order In Respect Of Private Foster Care Arrangement - Child Care Act 1991, Section 23U (As Inserted By Section 16 Of The Children Act 2001)
Form 84.40R is a legal form used to notify the court of an application for an order in respect of a private foster care arrangement under Section 23U of the Child Care Act 1991. This form is specifically for situations where a private foster care arrangement requires court approval.
Risk Radar
- The most common mistake is not providing complete information about the child's current care situation and the reasons for the court application.
- Incomplete form sections leading to delays in processing
- Missing required documentation about the child or foster carer
- Incorrect information about the duration of the foster arrangement
- Failure to notify all relevant parties to the application
Plain English
This form is for people involved in private foster care arrangements who need to ask the court for an official order. Private foster care is when a child is cared for by someone who isn't their parent or close relative for more than 28 days.
Submission Date
- There is no standard deadline for submitting this form, but it should be submitted as soon as the need for a court order regarding the private foster care arrangement is identified. Delays could impact the child's welfare.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • Use this form when a private foster care arrangement requires court approval
- • Use when the foster arrangement exceeds 28 days and doesn't meet exemption criteria
- • Use when there are concerns about the suitability of the foster arrangement
- • Use when seeking a formal order about the care of a child in private foster care
- • Do not use for voluntary care arrangements under the Child Care Act 1991
- • Do not use for arrangements covered by the Adoption Act 2010
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Voluntary care arrangement under Child Care Act 1991 | Form 11A | Different legal basis and requirements | Check if the arrangement is voluntary or requires court order |
| Adoption application | Adoption forms under Adoption Act 2010 | Different legal process and requirements | Confirm the arrangement is not for adoption |
| Notification of private fostering | Form 84.40 (Notice of Private Fostering) | For notification only, not court application | Determine if court approval is needed or just notification |
| Guardianship application | Form 14B (Application for Guardianship Order) | Different legal process and requirements | Confirm if guardianship rather than foster care is needed |
| Care order application | Form 10 (Application for Care Order) | Different legal basis and requirements | Check if the child's welfare requires a care order |
Deadline or filing window
There is no standard deadline for submitting this form, but it should be submitted as soon as the need for a court order regarding the private foster care arrangement is identified. Delays could impact the child's welfare.
Before you submit
- • Complete all sections of the form with accurate information
- • Include details of the child, including name, date of birth, and address
- • Provide full details of the foster carer and their relationship to the child
- • Specify the exact order being sought from the court
- • Attach any required supporting documents
- • Sign and date the form
- • Check that you have the correct court location for submission
- • Make a copy of the completed form for your records
How to file this form
- 1Obtain the correct version of Form 84.40R from the Courts Service website or court office
- 2Complete all sections of the form with accurate and current information
- 3Gather any required supporting documents about the child and foster arrangement
- 4Submit the completed form to the appropriate District Court office
- 5Pay any required court fees (check current fee schedule)
- 6Keep a copy of the submitted form and any receipt for your records
- 7Attend any court hearing as required
Known limitations
- • This form only applies to private foster care arrangements under Section 23U
- • The form does not exempt from other legal requirements for foster carers
- • Court approval does not guarantee the foster arrangement will continue
- • The form may need to be accompanied by additional documentation depending on the specific circumstances
- • The court may request additional information before making a decision
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Form 84.40R is the current version for applications under Section 23U of the Child Care Act 1991. Always check the Courts Service website for the most recent version before submission.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Verify you are using Form 84.40R (not an older version)
- • Check that the form references the correct legislation (Child Care Act 1991 as amended)
- • Confirm the form includes all required sections for Section 23U applications
- • Ensure the form has been updated for any recent changes to child care legislation
- • Check that the form includes current contact information for the Courts Service
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Family Law Forms
- Source
- Court Forms ↗
- Revision Date
- 18/10/25
Downloads
Form 84.40R – Notice Of Application For Order In Respect Of Private Foster Care Arrangement - Child Care Act 1991, Section 23U (As Inserted By Section 16 Of The Children Act 2001)
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After you file
- • Keep track of any court hearing dates
- • Prepare for any court appearance with all relevant documentation
- • Monitor for any correspondence from the court
- • Keep records of any changes to the foster arrangement
- • Notify the court of any significant changes to the situation
- • Follow up if you don't receive acknowledgment within a reasonable time
Source and verification log
- • Form issued by Courts Service of Ireland
- • Related to Child Care Act 1991, Section 23U
- • Amended by Children Act 2001, Section 16
- • Specifically for private foster care arrangements requiring court approval
- • Not confirmed in official source: exact submission process details
- • Not confirmed in official source: current court fees
- • Not confirmed in official source: specific documentation requirements
- • Not confirmed in official source: processing timeframes
Common confusion points
8 things to watch for
- 1
Confusing private fostering with voluntary care arrangements
- 2
Not understanding when court approval is required versus when notification is sufficient
- 3
Uncertainty about who should submit the form (parent, foster carer, or other party)
- 4
Misunderstanding the legal effect of the court order being sought
- 5
Confusion about the difference between this form and other child care forms
- 6
Not knowing which court office to submit the form to
- 7
Uncertainty about what supporting documents are required
- 8
Confusion about the time limits for private fostering arrangements
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