54.28 - Application for a stay on the operation of an order under section 11(2) (b) of the Guardianship of Infants Act 1964 section 5, 5a, 7 of the Family Law (Maintenance of Spouses and Children) Act 1976 section 45, 47 of the CPCROC Act 2010
This form is an application to the Courts Service of Ireland asking for a 'stay' on a specific court order. A stay means temporarily pausing or stopping that order from being enforced. This form relates to various Acts covering guardianship, maintenance, and family law.
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54.28 - Application for a stay on the operation of an order under section 11(2) (b) of the Guardianship of Infants Act 1964 section 5, 5a, 7 of the Family Law (Maintenance of Spouses and Children) Act 1976 section 45, 47 of the CPCROC Act 2010
This form is an application to the Courts Service of Ireland asking for a 'stay' on a specific court order. A stay means temporarily pausing or stopping that order from being enforced. This form relates to various Acts covering guardianship, maintenance, and family law.
Risk Radar
- Do not forget to cite *all* relevant sections of the Acts in your application!
- Failing to specify which Act's section the order falls under (e.g., is it 1964 or 1976?).
- Not clearly stating *why* the stay is needed, just that it should happen.
- Using the wrong court registry for submission.
- Missing details of the original Order number.
Plain English
If a judge has made an order about custody or financial support (like child maintenance), but you need time for something else to happen before it takes effect, you use this form. You are asking the court to hit the pause button on that existing decision. This applies across several key pieces of Irish legislation.
Submission Date
- The timing depends entirely on when the original court order was made. Submit it as soon as you know the existing order requires a pause.
- 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
- • You need this form if you want to temporarily stop an existing court order from being enforced.
- • The order relates specifically to issues covered by the Guardianship of Infants Act 1964 (Sections 5, 5a, or 7).
- • It is used when the order affects maintenance under the Family Law (Maintenance of Spouses and Children) Act 1976 (Sections 45 or 47).
- • The application must address an order falling under the CPCROC Act 2010.
- • Use this form when you are asking for a 'stay'—a pause—on that specific legal ruling.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Application for Divorce Order | Not confirmed in official source (Check local court list) | If the order is about divorce, not just maintenance/guardianship. | Check if your issue is purely marital breakdown. |
| General Civil Application Form | 54.28 (If specific sections are hard to pin down) | This form covers a very detailed set of legal grounds. | Verify which Act section applies first. |
| Application for Guardianship Only | Not confirmed in official source | If the order is strictly about who looks after children and maintenance isn't involved. | Confirm if Section 45/47 matters to your case. |
Deadline or filing window
The timing depends entirely on when the original court order was made. Submit it as soon as you know the existing order requires a pause.
Before you submit
- • Complete every section, even if the answer is 'N/A'.
- • Attach a copy of the original court order you want stayed.
- • Clearly state *why* you need the stay (the grounds for the application).
- • Ensure all names and dates match official documentation exactly.
- • Sign and date the form where indicated.
- • Include details of the party against whom the order is being made.
How to file this form
- 1Fill out Form 54.28 completely using black ink.
- 2Gather all necessary supporting documents (e.g., financial statements, previous orders).
- 3Submit the completed form and attachments to the relevant Irish court office.
- 4Pay any required filing fees at the time of submission or as directed by the court.
- 5Keep a copy of everything you submit for your own records.
Known limitations
- • This application only asks to *stay* (pause) an order; it does not automatically change the substance of the order.
- • The form is highly specific. If your issue relates to a different Act or section, 54.28 might not be the right fit.
- • A stay granted by this form is subject to the judge's decision and may have conditions attached.
- • Not confirmed in official source: The required supporting documents are detailed within the form itself.
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This is Form 54.28 from the Courts Service of Ireland. It remains the standard application for pausing a specific type of court order.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Check the date printed on Form 54.28.
- • Confirm the specific sections listed in the title (e.g., is it only 11(2)(b) or others are included?).
- • Verify if there have been updates to the required supporting documentation list.
- • Ensure the Courts Service of Ireland logo/identifier is current.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Family Law Forms
- Source
- Court Forms ↗
- Revision Date
- 23/10/25
Downloads
54.28 - Application for a stay on the operation of an order under section 11(2) (b) of the Guardianship of Infants Act 1964 section 5, 5a, 7 of the Family Law (Maintenance of Spouses and Children) Act 1976 section 45, 47 of the CPCROC Act 2010
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After you file
- • Obtain a stamped copy of your filed Form 54.28 as proof of submission.
- • Note the file reference number assigned by the court clerk.
- • Track the progress through the Courts Service portal (if applicable).
- • Be prepared to attend a hearing date set by the judge.
Source and verification log
- • Issued by: Courts Service of Ireland
- • Form Number: 54.28
- • Primary Purpose: Application for a stay on an order.
- • Key Acts Covered: Guardianship of Infants Act 1964, Family Law (Maintenance...) Act 1976, CPCROC Act 2010.
Common confusion points
4 things to watch for
- 1
Confusing 'Stay' with 'Appeal': A stay pauses; an appeal argues why the original decision was wrong.
- 2
Not knowing which Act applies: The form lists several Acts (Guardianship, Family Law, CPCROC). Determine which one your order falls under first.
- 3
Thinking it is automatic: Filing the form does not guarantee a stay; you must wait for the court ruling.
- 4
Mixing up Maintenance vs. Guardianship: Ensure you know if the primary issue is who raises the child (guardianship) or the financial support owed (maintenance).
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