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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)

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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Form Overview

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)

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.

The form captures personal details of the child, the proposed guardian, and information about the circumstances requiring the appointment of a guardian.

Risk Radar

  • The most common mistake is not providing sufficient evidence of why the guardian appointment is necessary.
  • Incomplete form information
  • Missing supporting documentation
  • Incorrect court jurisdiction
  • Failure to notify all relevant parties

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

  • 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.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • Use when appointing a guardian for a child under 18
  • Use when a child has no existing legal guardian
  • Use when additional guardians need to be appointed
  • Use when formalizing guardianship arrangements
  • Not for custody arrangements - use Form 58.30 instead
  • Not for emergency guardianship - requires different process

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Existing guardian applying for additional guardianForm 58.31Ensures proper legal authority for shared responsibilitiesCheck if both guardians can act jointly or separately
Applying for emergency guardianshipEmergency application processDifferent legal requirements and timelineContact court directly for urgent cases
Changing existing guardianship arrangementsVariation of existing orderCourt may require additional evidenceCurrent guardians must be notified
Appointing guardian for child with special needsSame form but additional considerationsMay require additional medical informationConsider child's specific needs
Appointing guardian for child with property/assetsForm 58.31 with additional sectionsDifferent financial responsibilitiesMay require legal advice on assets

Deadline or filing window

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.

Before you submit

  • Form is fully completed with all sections answered
  • Child's birth certificate is included
  • Proposed guardian's identification provided
  • Court fee paid or exemption obtained
  • All required supporting documentation attached
  • Form signed in the presence of a witness
  • Copy kept for personal records

How to file this form

  1. 1Obtain the correct Form 58.31 from the Courts Service website or court office
  2. 2Complete all sections with accurate information about the child and proposed guardian
  3. 3Gather required supporting documents (birth certificates, identification, etc.)
  4. 4Submit the completed form to the appropriate court office
  5. 5Attend any required court hearing
  6. 6Wait for the court to process the application and issue the order
  7. 7Receive and store the official guardianship order

Known limitations

  • This form does not establish custody arrangements
  • It cannot be used to change existing guardianship without court process
  • It does not address financial responsibilities of guardians
  • The form may not be suitable for complex family situations
  • Court approval is not guaranteed - the application may be refused

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Current Form Status

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

What changed or needs a fresh check

  • Check if the Children and Family Relationships Act 2015 amendments are reflected
  • Verify court fee requirements have changed
  • Confirm if electronic submission options are now available
  • Check if form sections have been reorganized
  • Ensure witness requirements remain unchanged
  • Confirm if additional documentation is now required

Quick Facts

The form would typically be completed by a person seeking to be appointed as a guardian, or by an existing guardian applying for the appointment of another eligible person.
The form captures personal details of the child, the proposed guardian, and information about the circumstances requiring the appointment of a guardian.
This form should be submitted when there is a need to appoint a guardian for a child who doesn't have one, or when additional guardians need to be appointed for specific purposes.
The form should be submitted to the relevant court office of the Courts Service of Ireland, either in person, by post, or potentially through an online portal if available.
Submitting this form correctly is important to ensure the guardian has proper legal authority to care for the child and make decisions on their behalf. Errors or delays could leave the child without proper legal protection or decision-making authority.
Complete all sections of the form with accurate information about the child and proposed guardian. Attach any required supporting documents. Submit the completed form to the appropriate court office with the correct fee if applicable. Keep a copy for your records.

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

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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After you file

  • Keep a copy of the submitted form and any court order
  • Inform relevant parties (schools, healthcare providers) of the new guardianship
  • Maintain records of all decisions made on behalf of the child
  • Review the guardian's responsibilities periodically
  • Seek legal advice if circumstances change significantly
  • Apply for updated guardianship if the child's situation changes

Source and verification log

  • Form issued by Courts Service of Ireland
  • Based on Guardianship of Infants Act 1964, Section 6C
  • Amended by Children and Family Relationships Act 2015, Section 49
  • Not confirmed in official source: current processing times
  • Not confirmed in official source: exact fee amount
  • Not confirmed in official source: specific documentation requirements
  • Not confirmed in official source: court hearing procedures

Common confusion points

7 things to watch for

  • 1

    Confusing guardianship with custody arrangements

  • 2

    Not understanding who qualifies as an 'eligible person' for guardianship

  • 3

    Missing the requirement to notify all existing guardians

  • 4

    Assuming the form alone establishes guardianship without court process

  • 5

    Not realizing guardianship responsibilities continue until the child turns 18

  • 6

    Confusing this form with other guardianship applications

  • 7

    Not understanding the difference between guardianship and custody

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