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58.21 Application to Vary or Discharge an Order - Guardianship of Infants Act, 1964 as amended.

This form is used when you need the Courts Service of Ireland to change (vary) or end (discharge) an existing order made under the Guardianship of Infants Act, 1964. You use it when the current arrangement regarding a child's guardianship no longer fits the situation.

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Form Overview

58.21 Application to Vary or Discharge an Order - Guardianship of Infants Act, 1964 as amended.

This form is used when you need the Courts Service of Ireland to change (vary) or end (discharge) an existing order made under the Guardianship of Infants Act, 1964. You use it when the current arrangement regarding a child's guardianship no longer fits the situation.

The form captures details of the current order and explains why that order needs changing or ending. You must state clearly what you want the new situation to be.

Risk Radar

  • Do not forget to attach a copy of the original Guardianship Order being challenged.
  • Failing to cite the exact date of the original Guardianship Order.
  • Not clearly stating whether you want to 'Vary' (change) or 'Discharge' (end) the order.
  • Omitting necessary supporting documentation proving the change in circumstances.
  • Using outdated details for the child or parents involved.

Plain English

Think of this as asking the court for permission to tweak or scrap an official decision about who looks after a child. If the original order isn't working anymore, you use Form 58.21 to ask the Courts Service to make it right.

Submission Date

  • While there isn't a set timeframe, submit the application as soon as you feel the current order is no longer appropriate for the child involved.
  • 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

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What this form is for

  • You need to change an existing order about a child's guardianship (Vary).
  • You want to formally end or cancel an existing guardianship order (Discharge).
  • The current arrangement regarding who looks after the child no longer suits your family situation.
  • An order was made under the Guardianship of Infants Act, 1964, and you need court action on it.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Need a brand new guardianship orderNot confirmed in official source (but likely)Use this if there is NO existing order to change or end.Check section headers for 'New Application' vs 'Vary/Discharge'.
Applying under a different Act (e.g., Family Law Act 1995)Not confirmed in official sourceIf the original order was made elsewhere, check if this form accepts cross-act applications.See the title carefully to confirm the specific Act referenced.
Just notifying the court of an agreementMight need a simple notice/affidavitUse this if you and the other parent agree on the change but don't need a full hearing yet.Look for options related to 'Consent' within the form.

Deadline or filing window

While there isn't a set timeframe, submit the application as soon as you feel the current order is no longer appropriate for the child involved.

Before you submit

  • Complete all sections that have a black outline or asterisk (*).
  • Attach copies of the original order being varied or discharged.
  • Ensure all names and dates match official documentation.
  • Sign and date the form where indicated (usually by the applicant/petitioner).
  • If applicable, attach evidence supporting *why* the change is needed.

How to file this form

  1. 1Fill out Form 58.21 completely using clear handwriting or typing.
  2. 2Gather all necessary supporting documents (e.g., correspondence, proof of current circumstances).
  3. 3Sign and date the form in the designated spaces.
  4. 4Submit the completed form to the relevant Courts Service office/registry.
  5. 5Pay any required court filing fee at the time of submission.

Known limitations

  • This form only addresses orders under the Guardianship of Infants Act, 1964. Other related family law matters might need a different form.
  • The courts may require additional documentation not listed on the form itself.
  • Not confirmed in official source: There is no guarantee that filing this form guarantees the court will grant your request.

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Current Form Status

This form is currently active for use by the Courts Service of Ireland. It deals specifically with orders made under the Guardianship of Infants Act, 1964.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check the date stamp at the top for the latest revision.
  • Confirm the specific wording used for 'Vary' versus 'Discharge'.
  • Ensure you are applying under the Guardianship of Infants Act, 1964 (as amended).
  • Verify if there are any new required attachments listed on this version.

Quick Facts

Anyone involved in the existing guardianship arrangement—parents, guardians, or other relevant parties—can file this form.
The form captures details of the current order and explains why that order needs changing or ending. You must state clearly what you want the new situation to be.
Submit this form when circumstances change significantly since the original guardianship order was made. There is no fixed deadline, but acting promptly is advised.
Submission usually goes through the Courts Service of Ireland channels. This could be via their online portal or by posting it to a specific court office in Ireland.
Submitting incorrectly can cause delays while staff seek clarification on your request. Errors might mean the court cannot process your variation or discharge application efficiently.
First, clearly identify the existing Guardianship Order number. Next, detail exactly what you want to change or end in the relevant sections. Finally, provide supporting evidence explaining why this change is necessary before sending it off.

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

58.21 Application to Vary or Discharge an Order - Guardianship of Infants Act, 1964 as amended.

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After you file

  • Keep a copy of the fully executed, filed form for your records.
  • Note the date and name of the clerk who accepted the application.
  • Track any case reference number issued by the Courts Service.
  • Be ready to attend a hearing if the matter is contested (disputed).

Source and verification log

  • Form Name: 58.21 Application to Vary or Discharge an Order
  • Issuing Agency: Courts Service of Ireland (COURTS)
  • Governing Legislation: Guardianship of Infants Act, 1964 as amended.
  • Contextual Use: Used when changing/ending guardianship orders for infants.

Common confusion points

4 things to watch for

  • 1

    Confusing 'Vary' with 'Discharge': Vary means change; Discharge means end completely.

  • 2

    Thinking you only need to tell someone—this form starts the legal process.

  • 3

    Not confirmed in official source: Assuming the court will automatically accept your reasons without further evidence.

  • 4

    Using this form when a simple letter would suffice (check local court rules first).

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