This form is used to appoint an eligible person as a guardian for an infant under the Guardianship of Infants Act 1964, as amended by the Children and Family Relationships Act 2015. It should be used when there is a need to formally appoint a guardian for a child where existing arrangements may not be legally recognized.
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This form is used to appoint an eligible person as a guardian for an infant under the Guardianship of Infants Act 1964, as amended by the Children and Family Relationships Act 2015. It should be used when there is a need to formally appoint a guardian for a child where existing arrangements may not be legally recognized.
Plain English
This form helps establish legal guardianship for a child in Ireland when it's needed but not already in place. It's a court document that gives someone legal responsibility to care for and make decisions on behalf of a child.
Submission Date
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Existing guardian applying for additional guardian | Form 58.31 | Ensures proper legal authority for shared responsibilities | Check if both guardians can act jointly or separately |
| Applying for emergency guardianship | Emergency application process | Different legal requirements and timeline | Contact court directly for urgent cases |
| Changing existing guardianship arrangements | Variation of existing order | Court may require additional evidence | Current guardians must be notified |
| Appointing guardian for child with special needs | Same form but additional considerations | May require additional medical information | Consider child's specific needs |
| Appointing guardian for child with property/assets | Form 58.31 with additional sections | Different financial responsibilities | May require legal advice on assets |
There is no specific deadline for submitting this form, but it should be filed as soon as the need for guardianship is identified to ensure the child's legal protection is established promptly.
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This form is current as of the latest Guardianship of Infants Act 1964 amendments, but always check the Courts Service website for the most recent version before use.
Agency: Courts Service of Ireland
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58.31 Order Appointing Eligible Person To Be A Guardian - Guardianship Of Infants Act 1964, Section 6C (Inserted By Section 49 Of The Children And Family Relationships Act 2015)
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7 things to watch for
Confusing guardianship with custody arrangements
Not understanding who qualifies as an 'eligible person' for guardianship
Missing the requirement to notify all existing guardians
Assuming the form alone establishes guardianship without court process
Not realizing guardianship responsibilities continue until the child turns 18
Confusing this form with other guardianship applications
Not understanding the difference between guardianship and custody
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