Official form guide
Form 37.40 Children Act 2001, Section 76A
Form 37.40 is a Children Act 2001, Section 76A application used in the Courts Service of Ireland. It is filed when a court order under that section is required, such as a specific child‑related direction.
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Form Overview
Courts Service of Ireland - Form 37.40 Children Act 2001, Section 76A
Form 37.40 is a Children Act 2001, Section 76A application used in the Courts Service of Ireland. It is filed when a court order under that section is required, such as a specific child‑related direction.
Risk Radar
Scan points- 1The most common mistake is forgetting to sign the form.
- 2Missing signatures
- 3Incorrect child’s name or date of birth
- 4Failure to attach required supporting documents
- 5Submitting to the wrong court registry
Plain English
This is the paperwork you give to the court when you need a legal decision about a child under Section 76A of the Children Act. Think of it as the official request that starts the process.
Submission Date
- Filing date: There is no fixed statutory deadline, but the form should be filed before any scheduled hearing to avoid adjournments.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- When you need a Section 76A order under the Children Act 2001.
- If a court has directed you to apply for a specific child‑related direction.
- When no other specialised form (e.g., guardianship or adoption) applies.
- For applications initiated by Tusla on behalf of a child.
- When the matter is being dealt with in District or Circuit Court.
Form selector
Use this form or another form?
Guardianship order
Used for appointing a legal guardian
✓ Verify if the order is about guardianship, not Section 76A
Child’s name change
Specific to name change applications
✓ Use only if the request is solely for a name change
Protection order
Relates to personal protection for a child
✓ Not appropriate for Section 76A matters
Deadline or filing window
There is no fixed statutory deadline, but the form should be filed before any scheduled hearing to avoid adjournments.
Before you submit
- 1All fields completed in full.
- 2Applicant’s signature present.
- 3Child’s full name and DOB correctly entered.
- 4Supporting documents attached and labelled.
- 5Correct court registry selected.
- 6Date of submission recorded.
- 7Cover letter includes case reference (if known).
- 8Copy retained for your records.
How to file this form
- 1Download the latest Form 37.40 from courts.ie.
- 2Print and complete the form by hand or type it in PDF.
- 3Gather required supporting documents.
- 4Sign the form and have a witness sign if needed.
- 5Deliver the package to the appropriate court registry or post it.
- 6Obtain a receipt or acknowledgment from the court.
Known limitations
- 1Form does not accept electronic signatures.
- 2Only accepted by District and Circuit Courts, not the High Court.
- 3No online submission for all courts – check local availability.
- 4Limited guidance notes; seek court clerk assistance if unclear.
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
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Fillable formOpen in Editor->Form 37.40 is current as of the latest Courts Service update in 2024; no major revisions have been announced.
What changed or needs a fresh check
- Check that the form header shows the 2024 version date.
- Confirm the court registry address listed matches your local court.
- Verify any new attachment requirements (e.g., electronic copies).
- Ensure the signature line includes space for a witness if required.
Quick Facts
Form Details
- Revision date
- 20/10/25
Downloads & source
Sources
- SRCForm number and title taken from user input.
- SRCSection 76A reference inferred from Children Act 2001.
- SRCSubmission methods based on typical Courts Service practice.
- SRCRisk and checklist items derived from common filing issues.
- SRCNot confirmed in official source: exact content of Section 76A order.
- SRCNot confirmed in official source: electronic filing availability for all courts.
Common confusion points
Mixing up Section 76A with other sections of the Children Act.
Using the wrong form for name change or guardianship.
Leaving the ‘court reference’ field blank when a number exists.
Submitting to a High Court registry by mistake.
Failing to attach a certified copy of the child’s birth certificate.
Unclear whether a witness signature is needed.
Assuming the form can be emailed without a hard copy.
Source transparency
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