Official form guide
Form 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
Courts Service of Ireland - Form 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.
Risk Radar
Scan points- 1Do not forget to attach a copy of the original Guardianship Order being challenged.
- 2Failing to cite the exact date of the original Guardianship Order.
- 3Not clearly stating whether you want to 'Vary' (change) or 'Discharge' (end) the order.
- 4Omitting necessary supporting documentation proving the change in circumstances.
- 5Using outdated details for the child or parents involved.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
- Filing 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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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.
Form selector
Use this form or another form?
Need a brand new guardianship order
Use this if there is NO existing order to change or end.
✓ Check section headers for 'New Application' vs 'Vary/Discharge'.
Not confirmed in official source (but likely)
Applying under a different Act (e.g., Family Law Act 1995)
If 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 agreement
Use 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.
Might need a simple notice/affidavit
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
- 1Complete all sections that have a black outline or asterisk (*).
- 2Attach copies of the original order being varied or discharged.
- 3Ensure all names and dates match official documentation.
- 4Sign and date the form where indicated (usually by the applicant/petitioner).
- 5If applicable, attach evidence supporting *why* the change is needed.
How to file this form
- 1Fill out Form 58.21 completely using clear handwriting or typing.
- 2Gather all necessary supporting documents (e.g., correspondence, proof of current circumstances).
- 3Sign and date the form in the designated spaces.
- 4Submit the completed form to the relevant Courts Service office/registry.
- 5Pay any required court filing fee at the time of submission.
Known limitations
- 1This form only addresses orders under the Guardianship of Infants Act, 1964. Other related family law matters might need a different form.
- 2The courts may require additional documentation not listed on the form itself.
- 3Not confirmed in official source: There is no guarantee that filing this form guarantees the court will grant your request.
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.
Almost done reviewing the fields?
Fillable formOpen in Editor->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.
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
Form Details
- Revision date
- 23/10/25
Downloads & source
Sources
- SRCForm Name: 58.21 Application to Vary or Discharge an Order
- SRCIssuing Agency: Courts Service of Ireland (COURTS)
- SRCGoverning Legislation: Guardianship of Infants Act, 1964 as amended.
- SRCContextual Use: Used when changing/ending guardianship orders for infants.
Common confusion points
Confusing 'Vary' with 'Discharge': Vary means change; Discharge means end completely.
Thinking you only need to tell someone—this form starts the legal process.
Not confirmed in official source: Assuming the court will automatically accept your reasons without further evidence.
Using this form when a simple letter would suffice (check local court rules first).
Source transparency
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