58.13 Order Removing From Office A Guardian *(And Appointing Another) - Guardianship Of Infants Act 1964, Section 8(4) And (5)
This form is used to remove a current guardian from their position and appoint a new guardian for an infant under the Guardianship of Infants Act 1964. It should be filed when there are grounds to remove an existing guardian due to incapacity, misconduct, or other valid reasons.
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58.13 Order Removing From Office A Guardian *(And Appointing Another) - Guardianship Of Infants Act 1964, Section 8(4) And (5)
This form is used to remove a current guardian from their position and appoint a new guardian for an infant under the Guardianship of Infants Act 1964. It should be filed when there are grounds to remove an existing guardian due to incapacity, misconduct, or other valid reasons.
Risk Radar
- The most common mistake is not providing clear, specific evidence of why the current guardian should be removed.
- Incomplete information about the current guardian's misconduct or incapacity
- Failure to provide sufficient evidence supporting the removal request
- Incorrectly identifying the proposed guardian's eligibility
- Not following proper court procedures for serving documents
Plain English
If you need to replace someone who looks after a child's legal or financial matters, this is the official form to use. It's specifically for situations where a court needs to remove an existing guardian and name someone else to take over those responsibilities.
Submission Date
- There is no specific deadline for filing this form, but it should be submitted as soon as there are legitimate grounds for removal to ensure the child's welfare is protected without delay.
- 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 when you need to remove a guardian and appoint another
- • Use when a guardian is unable or unfit to continue their duties
- • Use when there are statutory grounds for removal under Section 8(4) and (5)
- • Use when the child's best interests require a change of guardian
- • Do not use for routine guardianship applications or changes of address
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Guardian needs to be removed but no replacement is needed | Form 58.12 (Order Removing Guardian) | Simplifies process when only removal is required | Check if appointment of another guardian is actually necessary |
| Dispute about guardianship without seeking removal | Form 58.1 (Application for Guardianship Order) | Resolves disputes without automatically removing existing guardian | Consider if removal is truly warranted or if mediation could resolve issues |
| Appointment of additional guardian without removing existing | Form 58.1 (Application for Guardianship Order) | Allows for multiple guardians without removing current one | Verify if you need additional guardianship or replacement |
| Guardian wishes to resign voluntarily | Form 58.14 (Guardian's Notice of Resignation) | Proper procedure for voluntary resignation | Confirm the guardian is voluntarily stepping down |
| Change of address or contact details only | Form 58.15 (Notice of Change of Address) | Updates information without changing guardianship status | Ensure this is just a change of details, not a request for removal |
Deadline or filing window
There is no specific deadline for filing this form, but it should be submitted as soon as there are legitimate grounds for removal to ensure the child's welfare is protected without delay.
Before you submit
- • Complete all sections of the form with accurate information
- • Provide specific details about the grounds for removal
- • Include the infant's full birth certificate or equivalent identification
- • Prepare an affidavit or sworn statement supporting the removal request
- • Ensure the proposed guardian has given their consent to act
- • Check that the form is signed and witnessed correctly
- • Verify the correct court fee is included
- • Prepare copies for all parties involved
- • Confirm proper service of documents on all interested parties
How to file this form
- 1Obtain the official Form 58.13 from the Courts Service website or court office
- 2Complete all sections with accurate information about the infant, current guardian, and proposed replacement
- 3Prepare supporting evidence and affidavit detailing the grounds for removal
- 4File the completed form at the relevant District Court office with the required fee
- 5Ensure proper service of documents on all interested parties
- 6Attend any required court hearings
- 7Wait for the court's decision on the removal and appointment
Known limitations
- • The court must be satisfied that removal is in the child's best interests
- • Removal cannot be based solely on disagreement with parenting decisions
- • The form cannot be used to remove a guardian without appointing a replacement unless specific conditions apply
- • The court has discretion and may refuse the application even if grounds are presented
- • The process may take time, during which the child may be without proper guardianship
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This form is current as of the Guardianship of Infants Act 1964, but always check the Courts Service website for any recent updates or changes to the form requirements.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Verify the form number matches the current version (58.13)
- • Check that all references are to the Guardianship of Infants Act 1964
- • Confirm the sections align with Sections 8(4) and (5) of the Act
- • Ensure the form includes all required statutory grounds for removal
- • Check that the declaration section is complete and compliant with current requirements
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Family Law Forms
- Source
- Court Forms ↗
- Revision Date
- 23/10/25
Downloads
58.13 Order Removing From Office A Guardian *(And Appointing Another) - Guardianship Of Infants Act 1964, Section 8(4) And (5)
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After you file
- • Keep copies of all submitted documents for your records
- • Attend any scheduled court hearings
- • Notify all relevant parties of the court's decision
- • Follow up with the court registry if you haven't received a decision within the expected timeframe
- • If approved, ensure the new guardian understands their responsibilities
- • Update relevant authorities (schools, healthcare providers) about the change in guardianship
Source and verification log
- • Form number: 58.13 confirmed from Courts Service of Ireland
- • Purpose: Removing and appointing guardians under Guardianship of Infants Act 1964
- • Legal basis: Sections 8(4) and (5) of the Guardianship of Infants Act 1964
- • Issuing agency: Courts Service of Ireland
- • Not confirmed in official source: Specific court fees
- • Not confirmed in official source: Exact processing timeframes
- • Not confirmed in official source: Required supporting documentation beyond statutory grounds
- • Not confirmed in official source: Current form version date
Common confusion points
8 things to watch for
- 1
Confusing this form with applications for initial guardianship
- 2
Not understanding that removal requires specific statutory grounds
- 3
Assuming automatic appointment of a relative without proper process
- 4
Not realizing the child's best interests are the primary consideration
- 5
Misunderstanding the difference between guardianship and custody
- 6
Assuming the process is straightforward without court involvement
- 7
Not providing sufficient evidence to support the removal request
- 8
Confusing the roles of different courts (District Court vs. High Court)
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