IECOURTSFamily Law Forms

Official form guide

Form 37.23 Notice Of Application For Default Order - Children Act 2001, Section 110

Form 37.23 is a Notice of Application for a Default Order under Section 110 of the Children Act 2001. It is used when one party does not respond to a family law application and a court‑ordered default order is sought.

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Form Overview

Courts Service of Ireland - Form 37.23 Notice Of Application For Default Order - Children Act 2001, Section 110

Form 37.23 is a Notice of Application for a Default Order under Section 110 of the Children Act 2001. It is used when one party does not respond to a family law application and a court‑ordered default order is sought.

The form records the case details, the date of the original application, the lack of response, and the specific order you are asking the court to make by default.

Risk Radar

Scan points
  • 1The most common mistake is forgetting to attach the original application, which can cause the default order to be rejected.
  • 2Missing the 28‑day response deadline
  • 3Failing to attach the original application copy
  • 4Incorrect case number or party details
  • 5Submitting to the wrong court registry

Plain English

If you have filed a family case and the other side never replies, you can ask the court to issue a default order. This form tells the court you want that order and explains why the other side has not participated.

Submission Date

  • Filing date: The notice must be filed after the statutory response period (normally 28 days) has expired, or within any specific deadline set by the court judge.
  • 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

court

Hover a term to preview the meaning.

What this form is for

  • Use when the other party has not filed a defence or response within the statutory period.
  • Use for any Children Act 2001 case where you need a default judgment on custody, access or maintenance.
  • Do not use for criminal or civil (non‑family) matters.
  • If the other party has filed a late response, a different application (e.g., variation) may be required.
  • Use instead of a standard summons when you are specifically seeking a default order.

Form selector

Use this form or another form?

Other party filed a late defence

Allows the court to consider the late response

✓ Verify the defence filing date first

Form 37.24 (Application to Set Aside Default)

Requesting a non‑default interim order

Used before a default can be sought

✓ Confirm you have not yet reached the response deadline

Form 37.10 (Interim Order Application)

Changing a previously granted default order

Updates the terms of an existing order

✓ Ensure the original default order is in force

Form 37.25 (Variation of Default Order)

Deadline or filing window

The notice must be filed after the statutory response period (normally 28 days) has expired, or within any specific deadline set by the court judge.

Before you submit

  1. 1Case number matches the original filing.
  2. 2All parties' full names and addresses are correct.
  3. 3Original application copy attached.
  4. 4Proof of service of the original application attached.
  5. 5Signature and date are present.
  6. 6Requested order is clearly described.
  7. 7Form is printed clearly or completed electronically without blanks.
  8. 8Correct filing fee (if any) is prepared.
  9. 9Submission method (post, in‑person, e‑Filing) matches court instructions.

How to file this form

  1. 1Prepare supporting documents (original application, service proof).
  2. 2Complete Form 37.23 with accurate case details.
  3. 3Attach all required documents.
  4. 4Sign and date the form.
  5. 5File at the appropriate court registry or upload via e‑Filing.
  6. 6Obtain a filing receipt or acknowledgment.
  7. 7Keep a copy of the filed form and receipt for your records.

Known limitations

  1. 1Only applicable to Children Act 2001 cases.
  2. 2Cannot be used if a response has been filed, even late.
  3. 3Does not cover financial orders outside the Children Act scope.
  4. 4Electronic filing may not be available in all districts.

Field map

Compact field-by-field guide

6 fields

Proceedings

3 items

Title of Proceedings

The names of the parties exactly as they appear on the originating document.

Requiredtext
Record Number

The court record number for the case, if one has been assigned.

Requiredtext
Court and Office

The court and the office where the document is being filed.

Requiredtext

Substance

2 items

Relief or Information Sought

What you are asking the court to do, or the information the form requires.

Requiredtext
Grounds and Exhibits

The facts relied on and any documents exhibited with the filing.

text

Execution

1 items

Signature, Jurat or Service Details

Signed, sworn or certified as the form requires, with proof of service where needed.

Requiredsignature
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Current form status
COURTS

Form 37.23 is the current version as of 2024. No major revisions have been announced, but check the Courts Service website for any updates before filing.

What changed or needs a fresh check

  • Check the form header for the 2024 version date.
  • Confirm the case number field layout matches the latest template.
  • Verify the list of orders you can request reflects current Children Act provisions.
  • Ensure the e‑Filing instructions reference the current Courts Service portal URL.

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37.23 Notice Of Application For Default Order - Children Act 2001, Section 110 page 1

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37.23 Notice Of Application For Default Order - Children Act 2001, Section 110 page 2

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Quick Facts

Anyone who has started a Children Act 2001 proceeding and is waiting for a response from the other party should file this form.
The form records the case details, the date of the original application, the lack of response, and the specific order you are asking the court to make by default.
File the notice as soon as the statutory response period (normally 28 days) has passed without a reply, or within any court‑set deadline for a default application.
Submit the completed form to the court registry handling the original case, either in person, by post, or via the Courts Service’s e‑Filing portal if available.
A correctly filed notice triggers the court’s power to grant a default order; mistakes or late filing can mean the case stalls or the order is refused.
1. Gather the original case number, date of the initial application and any correspondence showing no response. 2. Fill in the parties’ names, address details and the order you are seeking. 3. Attach copies of the original application and proof of service. 4. Sign and date the form. 5. Deliver it to the court registry or upload it through the e‑Filing system and keep the receipt.

Form Details

Revision date
20/10/25

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Sources

  • SRCForm title and number from Courts Service catalogue.
  • SRCSection 110 Children Act 2001 reference inferred from form name.
  • SRCStatutory response period (28 days) based on typical family law practice in Ireland.
  • SRCe‑Filing availability noted from Courts Service public information.
  • SRCNot confirmed in official source: exact fee amount, specific online portal URL.
  • SRCNot confirmed in official source: any recent amendments after 2024.

Common confusion points

Mixing up Form 37.23 with Form 37.24 (set‑aside).

Assuming a default order can be sought before the response deadline.

Leaving the ‘order sought’ section vague.

Submitting to the wrong district court registry.

Forgetting to attach proof of service of the original application.

Using an outdated paper version instead of the latest online template.

Not checking whether a filing fee is required.

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