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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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.
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
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Need a brand new guardianship order | Not 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 source | 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 | Might need a simple notice/affidavit | 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. |
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.
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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
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58.21 Application to Vary or Discharge an Order - Guardianship of Infants Act, 1964 as amended.
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4 things to watch for
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).
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