58.26 Order Declining To Enforce Right To Custody - Guardianship Of Children Acts 1964 To 1997
This form is an Order Declining To Enforce the Right To Custody under various Guardianship of Children Acts (1964 to 1997). You use it when a court order exists, but someone wishes to formally declare that they will not be enforcing their right to custody.
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58.26 Order Declining To Enforce Right To Custody - Guardianship Of Children Acts 1964 To 1997
This form is an Order Declining To Enforce the Right To Custody under various Guardianship of Children Acts (1964 to 1997). You use it when a court order exists, but someone wishes to formally declare that they will not be enforcing their right to custody.
Risk Radar
- Do not forget to specify which exact Guardianship Act (1964-1997) the right belongs to.
- Not citing the correct specific Guardianship Act year.
- Failing to sign or date the declaration section.
- Omitting key case details (e.g., Circuit Court reference).
- Submitting without a clear statement of 'declining to enforce'.
Plain English
Think of this as telling the courts you aren't going to push for your right to have custody enforced. It relates specifically to old Guardianship Acts in Ireland. You are essentially waiving or declining enforcement of a previously granted custodial right.
Submission Date
- The timing depends on your decision, but it must be lodged with the relevant court handling the custody matter.
- 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
- • A court has issued an order granting you the Right To Custody under the Guardianship of Children Acts (1964–1997).
- • You want to formally tell the court that you will *not* be enforcing that existing right.
- • This is different from simply not showing up; it's a formal declaration.
- • Use this if your custody rights are based on those specific 1964-1997 Acts, not newer legislation.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Custody Order Exists | Form 58.26 | You are formally declining to enforce the existing right. | Check that the order number matches. |
| No Formal Custody Order Yet | (Likely a different form) | You need the court to *grant* the right first. | Ensure you have sought an initial hearing. |
| Declining Visitation Only | (Not confirmed in official source) | You are declining specific access, not the whole custody right. | Check if the order covers visitation or total custody. |
| Custody under Newer Acts | (Likely a newer form number) | The legislation might be post-1997. | Verify the exact Act cited on your existing court document. |
Deadline or filing window
The timing depends on your decision, but it must be lodged with the relevant court handling the custody matter.
Before you submit
- • The name and address on the form match your official records.
- • You have clearly stated which specific Order you are declining to enforce.
- • All required sections (e.g., Petitioner/Respondent details) are completed.
- • Your signature is legible and matches your appearance on ID.
- • If submitting digitally, ensure the file format meets Courts Service requirements.
How to file this form
- 1Complete all fields on Form 58.26 clearly.
- 2Sign and date the form where indicated.
- 3Submit the form to the relevant Circuit or District Court office.
- 4Keep a copy for your own records (a 'file copy').
- 5If submitting electronically, upload it via the designated Courts Service portal.
Known limitations
- • This form only covers rights under Acts 1964-1997; newer laws might require different forms.
- • Declining enforcement does not automatically void the underlying custody order.
- • The specific court accepting the form may vary based on where the original Order was granted.
- • Not confirmed in official source: There is no guaranteed timeframe for processing.
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This form relates to older legislation regarding parental rights over children. It is used when a court order already exists but someone chooses not to enforce it.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Confirm the specific year range mentioned: 1964 to 1997.
- • Check if there are new required fields for electronic submission.
- • Verify the current official title of the Guardianship Acts referenced.
- • Ensure the form has not been replaced by a completely new number.
- • Look for any updated signature blocks or court stamps.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Family Law Forms
- Source
- Court Forms ↗
- Revision Date
- 23/10/25
Downloads
58.26 Order Declining To Enforce Right To Custody - Guardianship Of Children Acts 1964 To 1997
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After you file
- • Keep a record of when and how you submitted it (e.g., date stamp).
- • Track whether the Court acknowledges receipt of your Form 58.26.
- • Monitor court schedules to see if any further action is required from you.
- • If no confirmation arrives within X weeks, follow up with the relevant registry.
Source and verification log
- • Issued by: Courts Service of Ireland (COURTS).
- • Form Number: 58.26.
- • Purpose: Declining Enforcement of Custody Right.
- • Legislation Scope: Guardianship Of Children Acts 1964 To 1997.
- • Not confirmed in official source: The exact current receiving office location.
Common confusion points
4 things to watch for
- 1
Confusing 'Declining Enforcement' with 'Relinquishing Rights' (they are related but not identical).
- 2
Assuming that filing this form automatically changes your status without a new order being issued.
- 3
Not knowing which specific Guardianship Act year applies to your case.
- 4
Thinking you must serve the form on every single party involved, even minor ones.
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