This form is used to request a court order that a child(ren) be given up to a parent under Section 14 of the Guardianship of Children Acts 1964 to 1997. It would be used in situations where a parent wishes to obtain guardianship of a child when they are not currently the guardian.
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This form is used to request a court order that a child(ren) be given up to a parent under Section 14 of the Guardianship of Children Acts 1964 to 1997. It would be used in situations where a parent wishes to obtain guardianship of a child when they are not currently the guardian.
Plain English
This is a legal form used in Irish family courts to ask a judge to make a decision about who should have legal responsibility for a child. If you're a parent who doesn't currently have guardianship but believes you should, this form helps you start that legal process.
Submission Date
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Situation | Likely form | Why it matters | Check before you continue |
| Application for guardianship where both parents agree | Form 58.1 | Agreements can be processed faster without court hearings | Ensure both parents consent in writing |
| Seeking custody access only (not full guardianship) | Form 58.3 | Different legal rights and responsibilities | Understand the difference between custody and guardianship |
| International child abduction case | Form 58.26 | Special procedures apply under the Hague Convention | Consult with a lawyer immediately |
| Applying for guardianship as a third party (non-parent) | Form 58.24 | Different legal requirements and evidence needed | You must demonstrate exceptional circumstances |
There is no statutory deadline for filing this form, but it should be filed as soon as possible after deciding to pursue guardianship, as delays could be viewed negatively by the court when considering the best interests of the child.
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This form is current as of the Guardianship of Children Acts 1964 to 1997, but always check with the Courts Service of Ireland for any recent updates or changes to the form requirements.
Agency: Courts Service of Ireland
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58.25 Order That Child(Ren) Be Given Up To Parent - Guardianship Of Children Acts 1964 To 1997 Section 14
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7 things to watch for
Confusing guardianship with custody and understanding the different rights
Not understanding that both parents usually have automatic guardianship unless specifically removed
Believing that being a parent automatically grants guardianship rights
Not realizing that third parties (like grandparents) can also apply for guardianship
Confusing the requirements for different sections of the Guardianship of Children Acts
Not understanding the difference between emergency and permanent guardianship orders
Believing that filing the form guarantees a favorable court decision
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