Official form guide
Form 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.
Need help with Form 58.26 Order Declining To Enforce Right To Custody - Guardianship Of Children Acts 1964 To 1997?
Open it in the AI Editor for field guidance, checks, and PDF export.
Form Overview
Courts Service of Ireland - Form 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
Scan points- 1Do not forget to specify which exact Guardianship Act (1964-1997) the right belongs to.
- 2Not citing the correct specific Guardianship Act year.
- 3Failing to sign or date the declaration section.
- 4Omitting key case details (e.g., Circuit Court reference).
- 5Submitting 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
- Filing 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.
AI co-pilot
Fill it faster. Catch mistakes before you file.
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.
Form selector
Use this form or another form?
Custody Order Exists
You are formally declining to enforce the existing right.
✓ Check that the order number matches.
No Formal Custody Order Yet
You need the court to *grant* the right first.
✓ Ensure you have sought an initial hearing.
Declining Visitation Only
You are declining specific access, not the whole custody right.
✓ Check if the order covers visitation or total custody.
(Not confirmed in official source)
Custody under Newer Acts
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
- 1The name and address on the form match your official records.
- 2You have clearly stated which specific Order you are declining to enforce.
- 3All required sections (e.g., Petitioner/Respondent details) are completed.
- 4Your signature is legible and matches your appearance on ID.
- 5If 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
- 1This form only covers rights under Acts 1964-1997; newer laws might require different forms.
- 2Declining enforcement does not automatically void the underlying custody order.
- 3The specific court accepting the form may vary based on where the original Order was granted.
- 4Not confirmed in official source: There is no guaranteed timeframe for processing.
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 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.
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
- Revision date
- 23/10/25
Downloads & source
Sources
- SRCIssued by: Courts Service of Ireland (COURTS).
- SRCForm Number: 58.26.
- SRCPurpose: Declining Enforcement of Custody Right.
- SRCLegislation Scope: Guardianship Of Children Acts 1964 To 1997.
- SRCNot confirmed in official source: The exact current receiving office location.
Common confusion points
Confusing 'Declining Enforcement' with 'Relinquishing Rights' (they are related but not identical).
Assuming that filing this form automatically changes your status without a new order being issued.
Not knowing which specific Guardianship Act year applies to your case.
Thinking you must serve the form on every single party involved, even minor ones.
Source transparency
Copyright & Licensing — Irish Government Forms
BrieflyGo links to and explains official public form sources. We are not a government agency, and this page is for general form guidance, not legal advice.
Understand the agreement before you sign it.
Review risky clauses in plain English, fix the document, and keep it moving toward signature.