S.I. No. 220/2025 - District Court (Guardianship) Rules 2025 (2025_si_220) | IE

ISB SI

Reg. 1 S.I. No. 220/2025 - District Court (Guardianship) Rules 2025 Open official source

1. Application to Vary an Order

Vary an order

Section 12 of the Act

Vary a custody or access enforcement order

Section 18C of the Act

Provide details of how and why you want the order to be varied

..................................................

ISB SI

Reg. 2 S.I. No. 220/2025 - District Court (Guardianship) Rules 2025 Open official source

2. Application to Discharge or Terminate an Order

Discharge an order

Section 12 of the Act

Terminate a custody or access enforcement order

Section 18C of the Act

Provide details of why you want the order, or part of the order, to be discharged or terminated

..................................................

Section C – Details of Current Order

Case Number: ...............................................................................

Please specify which jurisdiction the order was made in

District Court

Circuit Court

Circuit Court on appeal from the District Court

Please specify where the order was made

Court Venue: ...............................................................................

Date the Court Order was made (DD/MM/YYYY): ..............................................

Signature

Applicant or Legal Practitioner Signature

..................................................

Date (DD/MM/YYYY)

.............................................................................................

EXPLANATORY NOTE

(

This note is not part of the Instrument and does not purport to be a legal interpretation.

)

These rules amend the District Court Rules by substituting Order 58. These rules also prescribe a new application form for use in guardianship, custody and access applications and delete a number of forms from Schedule C to the District Court Rules.

ISB SI

Reg. 3 S.I. No. 220/2025 - District Court (Guardianship) Rules 2025 Open official source

3. Access

Select all relevant orders you wish to apply for below

Application for Access

As a parent or guardian

Section 11 of the Act

As a grandparent, brother, sister, uncle, aunt, or other qualifying relative

Section 11B of the Act

As a person who lives with, or has previously lived with, the child

Section 11B of the Act

Other Access Applications

Application for an enforcement order where access has been unreasonably denied

Section 18A(1) of the Act

Application for reimbursement of expenses from the other party who fails to exercise access

Section 18D(1) of the Act

ISB SI

Reg. 4 S.I. No. 220/2025 - District Court (Guardianship) Rules 2025 Open official source

4. Other Matters Affecting Children’s Welfare

Select all relevant orders you wish to apply for below

Other Applications Affecting a Child’s Welfare

Application as a guardian to dispense with the consent of the other guardian for the issue of a passport

Section 11 of the Act

Application for the production of a child

Section 14 of the Act

Application as a parent or guardian for another matter affecting the welfare of the children.

Section 11 of the Act

Please provide details below

......................................................................

Section C – Child Details

First name: .................................................................................

Last Name: .........................................................................................

Applicant Relationship to Child: ........................................................

Respondent Relationship to Child: ...................................................

Date of Birth: ...............................................................................

Please specify the address of Child

Same as applicant

Same as respondent

Other

If other, please provide their address

Address .......................................................................................................................................................................................................................................................................................

Section D – Child Arrangements

Current Arrangements

Please detail the current child arrangements below.

Depending on the application you may need to explain

• The children’s living arrangements, including the names of all people living with the children on a full-time or part-time basis, and their relationship to the children.

• Where the children go to school.

• Any special education or health needs of the children.

• Current care, access, or contact arrangements.

• Any financial obligations in relation to the children such as maintenance, rent, or mortgage.

• If any of the children are in the care of Tusla or under the supervision of a social worker or probation officer.

• Any other details relevant to this application.

..............................................................

What is being asked of the court

Has a written agreement been completed between the applicant(s) and respondent(s) in relation to this application

Yes

No

If yes, please attach the written agreement to this application.

If no, please detail in your own words below what you are asking the court to consider.

For example, this might include

• Changes to children’s living arrangements

• Changes to the guardianship arrangements such as details of proposed guardians or guardians you wish to remove

• Changes to custody or access arrangements

• Anything else you wish the court to consider

..............................................................

Section E – Other Application Details

Have other family law applications previously been made to this court or any other court about this child or relationship?

Yes

No

I don’t know

If yes, please provide the following information

Case Number (if known): ..............................................................

• What were the previous applications in relation to?

• In which town or city were the applications made?

• When were the applications made?

..............................................................

Signature

Applicant or Legal Practitioner Signature

................................................................................................

Date (DD/MM/YYYY)

................................................................................................

No. 58.3

Notice

Guardianship of Infants Act 1964, as amended.

District Court

You are hereby required to attend a sitting of the District Court in relation to an Application in Relation to Arrangements for Children. This application will be heard by a judge of the District Court at the place and time specified below. You should read all pages of this notice and the attached application form carefully.

Case Number: ..............................................................................

District Court Area: ........................................................................

District No.: ...............................................................................

Party Details

Applicant name: ...........................................................................

Applicant address: ........................................................................

Applicant solicitor details: ...............................................................

Respondent Name: ........................................................................

Respondent Address: ......................................................................

Hearing Details

This application will be heard by a judge at: ..........................................

on: ............................... at :........................................................

Both the applicant and respondent, or their legal representative, must attend this court hearing at the time and date specified above. If you, or a legal representative on your behalf, fail to attend this hearing, an order may be made in your absence.

Application Details

The applicant has made an application for the following Orders

..................................................

Signature

District Court Clerk/Judge of the District Court

..............................................................................

Date: ...................................................................................................

No. 58.21

Application to Vary or Discharge an Order Related to Arrangements for Children

Guardianship of Infants Act, 1964 as amended.

District Court

Office Completion Only

Case Number

District Court Area

District No.

Section A – Party Details

Applicant Details

First name: .................................................................................

Last name: ..................................................................................

Date of Birth: ...............................................................................

Address

..................................................

Email Address (Optional): ................................................................

Contact Number (Optional): .............................................................

Applicant Solicitor Details (Leave blank if not applicable)

..................................................

Respondent Details

First name: .................................................................................

Last name: ..................................................................................

Address .............................................................................................................................................................................................

Section B – Application Details

ISB SI

Reg. 5 S.I. No. 220/2025 - District Court (Guardianship) Rules 2025 Open official source

5. (1) An application to the Court for any one or more of the following orders under the 1964 Act shall be made

ex parte

in the first instance subject to the prior lodgment with the Clerk of an application form in the Form 58.1 Schedule C

(a) an order to appoint a guardian or guardians under section 8(1) of the 1964 Act;

(b) an order to appoint a guardian or guardians under section 8(2) of the 1964 Act, where the application is made by the surviving parent;

(c) an order to appoint a guardian in place of a deceased guardian, under section 8(5) of the 1964 Act, where the child has no guardian, or the applicant is the only guardian.

Nomination

ISB SI

Reg. 6 S.I. No. 220/2025 - District Court (Guardianship) Rules 2025 Open official source

6. (1) A nomination under section 6E(1) (as inserted by section 49 of the 2015 Act) of the 1964 Act by a qualifying guardian shall be in the Form 58.32 Schedule C and shall be signed and dated by the qualifying guardian concerned in the presence of a witness who is not the nominated person.

(2) The original or a true copy of the nomination shall be annexed to the application form lodged with the Clerk.

Court orders

ISB SI

Reg. 7 S.I. No. 220/2025 - District Court (Guardianship) Rules 2025 Open official source

7. (1) An order of the Court

(a) granting an application under section 6A of the 1964 Act shall be in the Form 58.2 Schedule C;

(b) granting an application under section 6C of the 1964 Act shall be in the Form 58.31 Schedule C and shall specify whether and if so, to what extent, the applicant shall enjoy the rights and responsibilities of a guardian specified in section 6C(11) of the 1964 Act;

(c) granting an application under section 6E(3) of the 1964 Act for an order under section 6E(5) of the 1964 Act shall be in the Form 58.34 Schedule C, and shall specify any limitations or conditions imposed in accordance with section 6E(6) of the 1964 Act;

(d) granting an application under section 6E(9) of the 1964 Act shall be in the Form 58.36 Schedule C and shall, where an order is made under 6E(11)(c) of the 1964 Act, specify any rights and responsibilities of guardianship which the qualifying guardian shall have;

(e) granting an application under section 6F of the 1964 Act shall be in the Form 58.38 Schedule C;

(f) granting an application under section 7(4) of the 1964 Act shall be in the Form 58.4 or 58.6 Schedule C, as appropriate;

(g) granting an application under section 8(2) of the 1964 Act (whether made

ex parte

or on notice) shall be in the Form 58.10 Schedule C;

(h) granting an application under sections 8(4) and 8(5) of the 1964 Act to remove a guardian and appoint another shall be in the Form 58.13 Schedule C;

(i) granting an application

ex parte

to appoint a guardian or guardians under section 8(1) of the 1964 Act shall be in the Form 58.8 Schedule C;

(j) granting an application under section 8(5) of the 1964 Act to replace a deceased guardian (whether made

ex parte

or on notice) shall be in the Form 58.14 Schedule C;

(k) granting an application to remove from office a guardian mentioned in section 8(6) of the 1964 Act (inserted by section 51 of the 2015 Act) shall be in the Form 58.40 Schedule C;

(l) granting an application under section 11 of the 1964 Act shall be in the Form 58.18 Schedule C;

(m) granting an application under section 11B of the 1964 Act shall be in the Form 58.20 Schedule C;

(n) granting an application under section 11E of the 1964 Act shall be in the Form 58.42 Schedule C;

(o) granting an order under Part III of the 1964 Act for the production of a child shall be in the Form 58.24 Schedule C, and the order shall be served upon the person having custody of the child, and an order determining a substantive application under Part III of the Act shall be in the Form 58.25, 58.26, or 58.27 Schedule C, as appropriate;

(p) an enforcement order under section 18A(1) of the 1964 Act shall be in the Form 58.44 Schedule C;

(q) granting an application under section 18D(1) of the 1964 Act shall be in the Form 58.48 Schedule C.

(2) Where the Court in an order imposes a condition pursuant to either section 6E(6)(b) or section 6E(12)(b) of the 1964 Act relating to the periodic review by the Court of its order, it may make such directions, including as to the listing of the matter before the Court and as to the giving of notice of such hearing as it considers necessary.

Variation, discharge or termination of order; complaint of non-compliance

ISB SI

Reg. 8 S.I. No. 220/2025 - District Court (Guardianship) Rules 2025 Open official source

8. (1) An application under

(a) section 12 of the 1964 Act for an order varying or discharging a previous order, or

(b) section 18C(1) of the 1964 Act (inserted by section 60 of the 2015 Act) for an order varying or terminating an enforcement order or any part of that order may be begun by the completion by the applicant of an application form in the Form 58.21 Schedule C, which must be submitted to the Clerk. Upon receipt of the completed application form, the Clerk will issue a notice in the Form 58.3 Schedule C. The notice and a copy of the application form must be served on each of the other guardians or each of the guardians of the child, or on each of the persons on whom the application for the enforcement order was served, as the case may be.

(2) The order of the Court on an application under section 12 of the 1964 Act may be in the Form 58.22 Schedule C.

(3) The order of the Court on an application under section 18C(1) of the 1964 Act may be in the Form 58.46 Schedule C.

(4) Where complaint is made to a Judge alleging an offence of failure or refusal under

section 5

of the

Courts (No. 2) Act 1986

, to comply with the requirements of a direction given in an order under section 7 of the 1964 Act, section 11 of the 1964 Act, or section 11B (inserted by the 1997 Act) of the 1964 Act, the summons which may be issued and served upon the person against whom the offence is alleged shall be in the Form 58.28 or 58.29 Schedule C, as appropriate. The relevant provisions of Order 15 shall apply in such case.

Application for declaration of parentage: DAHR

ISB SI

Reg. 9 S.I. No. 220/2025 - District Court (Guardianship) Rules 2025 Open official source

9. (1) An application to the Court under section 21 of the 2015 Act for a declaration of parentage shall be preceded by the issue by the applicants of a notice in the Form 58.54 Schedule C.

(2) The child to whom an application for a declaration under section 21 of the 2015 Act relates shall be named as a respondent to the application.

(3) The application shall be grounded on an affidavit sworn by each applicant, and where necessary other affidavit evidence in support of the application, which shall

(i) include, and verify, the facts grounding the statement that the child to whom the application relates is a child to whom section 20 of the 2015 Act applies, and in particular in a case to which section 20(1)(b)(ii) of the 2015 Act applies, verify that the person who performed the DAHR procedure outside the State was authorised to do so under the law of the place where the procedure was performed and the law providing for such authorisation;

(ii) include, and verify, the facts grounding the statement that the applicant referred to in section 21(2)(b) of the 2015 Act was, at the time referred to in section 20 (1)(c) of the 2015 Act, the intending parent of the child; and

(iii) in the case of the applicant referred to in section 21(2)(b) of the 2015 Act, confirm that he or she consents to the making of a declaration under section 21 of the 2015 Act.

(4) True copies of the notice, affidavits and any exhibits thereto shall be served on each respondent not later than 14 days before the date fixed for the hearing.

(5) The original notice, affidavits and any exhibits thereto shall be lodged, together with a statutory declaration as to service, with the Clerk not later than seven days before the date fixed for the hearing.

(6) On the date fixed for the hearing of the application, the Court may, if it does not determine the application, adjourn the application and, of its own motion

(i) direct that all necessary papers in the matter be sent to the Attorney General in accordance with section 21(5) of the 2015 Act (without prejudice to the power of the Court to do so at any other time);

(ii) where so requested by the Attorney General, order that the Attorney General be added as a party to the proceedings in accordance with section 21(6) of the 2015 Act;

(iii) direct that such other person as the Court thinks fit be given notice of the application in accordance with section 21(7) of the 2015 Act;

(iv) where notice has been given to such person in accordance with section 21(7) of the 2015 Act, order that such other person as the Court thinks fit be added as a party to the proceedings;

(v) give such further directions as it considers appropriate for the conduct of the proceedings on the application and the hearing thereof, including but not limited to the provision of further particulars or information, and any other matter to which Part 2 of the 2015 Act relates.

(7) An application by a party under section 21(5) of the 2015 Act (for a direction that all necessary papers in the matter be sent to the Attorney General) or under section 21(7) of the 2015 Act (for an order that a person be added as a party to the proceedings) may be made by notice of motion (which may be made returnable to the date fixed for the hearing of the application or to any date to which same has been adjourned). Unless the Court otherwise permits, the notice of motion shall be served on all other parties to the proceedings at least seven days before the date fixed for the hearing of the motion.

(8) Service of notices or other documents in proceedings under this rule shall be effected by a means permitted by section 42 of the 2015 Act.

(9) Any declaration made under section 21 of the 2015 Act shall be in the Form 58.55 Schedule C, or such modification thereof as may be appropriate.

Service and lodgment of documents

ISB SI

Reg. 10 S.I. No. 220/2025 - District Court (Guardianship) Rules 2025 Open official source

10. (1) A notice and copy application form (and any relevant court order) required by this Order to be served must be served upon the person to whom it is directed in accordance with the provisions of Order 41 at least 14 days before the date of the sitting of the Court to which the notice is returnable.

(2) Notwithstanding sub-rule (1), in the case of proceedings certified as urgent under rule 2(2), the notice and copy application form (and any relevant court order) must be served at least two days before the date of the sitting of the Court to which the notice is returnable.

(3) Additionally, in proceedings under

(i) section 6A (as inserted by section 12 of the 1987 Act and as substituted by section 48 of the 2015 Act) of the 1964 Act,

(ii) section 11 of the 1964 Act, or

(iii) section 11B (inserted by section 9 of the 1987 Act) of the 1964 Act,

in which a solicitor is acting for the applicant, the notice and copy application form must be accompanied by a copy of a statutory declaration of the solicitor indicating, if it be the case, that the solicitor has complied with subsection (2) of section 20 of the 1964 Act (as inserted by section 11 of the 1997 Act and as amended by

section 24

of the

Mediation Act 2017

) in relation to the matter. The original statutory declaration must be filed with the Clerk.

(4) A statutory declaration as to service of any notice, application form or court order served in accordance with rule 4 or rule 8 must be lodged with the Clerk at least two days before the date of the hearing.

Clerk to supply copies of orders

ISB SI

Reg. 11 S.I. No. 220/2025 - District Court (Guardianship) Rules 2025 Open official source

11. Where the Court makes an order under the 1964 Act or a declaration under section 21 of the 2015 Act, the Clerk shall give, or send by ordinary post, a copy of such order or declaration to each person in whose favour or against whom the order or declaration was made.

Proof of age

ISB SI

Reg. 12 S.I. No. 220/2025 - District Court (Guardianship) Rules 2025 Open official source

12. The age of a child may be proved by producing a certified extract from the Register of Births showing the date of the child’s birth or by such other evidence as the Court considers sufficient.

Court may direct service

ISB SI

Reg. 13 S.I. No. 220/2025 - District Court (Guardianship) Rules 2025 Open official source

13. In any proceedings under the 1964 Act the Court may direct the service of notice upon any person not already served.

Effect of appeal from orders

ISB SI

Reg. 14 S.I. No. 220/2025 - District Court (Guardianship) Rules 2025 Open official source

14. Notwithstanding the provisions of Order 25, rule 4, and Order 101, and that an appellant has entered into a recognizance for appeal, an appeal from an order made under the 1964 Act shall stay the operation of the order only if, and to such extent and upon such terms (if any), as the Court shall determine.

Report/ascertaining the views of the child

ISB SI

Reg. 15 S.I. No. 220/2025 - District Court (Guardianship) Rules 2025 Open official source

15. (1) An application to the Court by a party to make an order

(i) under section 32(1)(a) or section 32(1)(b) of the 1964 Act, or

(ii) under

section 47

of the

Family Law Act 1995

may be included in writing in the application form or notice, or made at the hearing.

(2) The Court may exercise the power of its own motion to make an order

(i) in proceedings to which section 3(1)(a) of the 1964 Act applies, under section 32(1)(a) or section 32(1)(b) of the 1964 Act, or

(ii) under

section 47

of the

Family Law Act 1995

at any time and from time to time during the proceedings, having heard the parties.

(3) An application to the Court by a party to make an order

(i) under section 12A(4) of the 1964 Act (inserted by the 2015 Act), or

(ii) under

section 20

of the

Child Care Act 1991

may be included in writing in the application form or notice, or made at the hearing.

(4) The Court may exercise the power of its own motion to make an order

(i) under section 12A(4) of the 1964 Act (inserted by the 2015 Act), or

(ii) under

section 20

of the

Child Care Act 1991

at any time and from time to time during the proceedings, having heard the parties.

(5) Where the Court grants an application for an order mentioned in sub-rule (1) or sub-rule (2), or makes such an order of its own motion, the order requisitioning the report shall be in the Form 58.50, 58.51, 58.52, or 58.53, Schedule C, as appropriate.

(6) Where, under either section 12A(4) of the 1964 Act or

section 20

of the

Child Care Act 1991

, the Court adjourns proceedings and directs the Child and Family Agency to undertake an investigation of a child’s circumstances, if the Child and Family Agency is not a party to those proceedings, the Clerk shall as soon as possible notify the Child and Family Agency (in the Form 84.32 Schedule C, with any necessary modifications) of the Court’s decision.

(7) Where, upon so adjourning, the Court gives directions under

section 20

(2) of the

Child Care Act 1991

as to the care and custody of the child or makes a supervision order in respect of the child pending the outcome of the investigation by the Child and Family Agency —

(a) an order of the Court giving such directions shall be in the Form 84.33 Schedule C.

(b) any such supervision order shall be in the Form 84.34 Schedule C, and the order shall be served upon each person directly affected thereby.”

Schedule 2

No. 58.1

Application in Relation to Arrangements for Children

Guardianship of Infants Act 1964, as amended.

District Court

Office Completion Only

Case Number

District Court Area

District No.

Section A – Party Details

Applicant Details

First name: .................................................................................

Last name: ..................................................................................

Date of Birth: ...............................................................................

Address ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

Email Address (Optional): ...............................................................

Contact Number (Optional): .............................................................

Applicant Solicitor Details

(Leave blank if not applicable)

.......................................................................................................................................................................................................................................................................................

Respondent Details

First name: ................................................................................

Last name: .................................................................................

Address: .......................................................................................................................................................................................................................................................................................

Section B – Application and Order Details

ISB SI

Preamble S.I. No. 220/2025 - District Court (Guardianship) Rules 2025 Open official source

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

30

th May,

2025.

The District Court Rules Committee, in exercise of the powers conferred on them by

section 91

of the

Courts of Justice Act 1924

,

section 72

of the

Courts of Justice Act 1936

,

section 34

of the

Courts (Supplemental Provisions) Act 1961

, and

section 24

of the

Interpretation Act 2005

, and of all other powers enabling them in this behalf, with the concurrence of the Minister for Justice, make the following rules of court.

Dated this 25th day of April, 2025.

Paul Kelly

Chairperson

Alan Mitchell

Joyce Good Hammond

Ann McGarry

Eoin Martin

Ciara McMahon

James Finn

Eoin Manning

I concur in the making of the following rules of court.

Dated this 28th day of May 2025.

Jim O’Callaghan

Minister for Justice

S.I. No. 220/2025 - District Court (Guardianship) Rules 2025

Table of Provisions (16)

Statutory Text (16 Articles)

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