Official form guide
Form 58.38 Order Making A Declaration That A Person Is Or Is Not A Guardian - Guardianship Of Infants Act 1964, Section 6F(1) (Inserted By Section 49 Of The Children And Family Relationships Act 2015)
This form is used to officially declare whether a specific person holds guardianship over an infant in Ireland. It relates to the Guardianship Of Infants Act 1964, specifically Section 6F(1). Use it when establishing or confirming someone's legal status as a guardian.
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Form Overview
Courts Service of Ireland - Form 58.38 Order Making A Declaration That A Person Is Or Is Not A Guardian - Guardianship Of Infants Act 1964, Section 6F(1) (Inserted By Section 49 Of The Children And Family Relationships Act 2015)
This form is used to officially declare whether a specific person holds guardianship over an infant in Ireland. It relates to the Guardianship Of Infants Act 1964, specifically Section 6F(1). Use it when establishing or confirming someone's legal status as a guardian.
Risk Radar
Scan points- 1Do not forget to specify whether the declaration is 'Is' or 'Is Not' a guardian.
- 2Failing to reference Section 6F(1) correctly
- 3Missing the signature/date of the declarant
- 4Ambiguity in stating 'Is' vs. 'Is Not'
- 5Incorrect infant details (name/DOB)
Plain English
If you need official proof that you are (or are not) a guardian of a child in Ireland, this is your document. It formalizes the role under Irish family law. This declaration helps confirm who has legal responsibility for the infant.
Submission Date
- Filing date: While no fixed deadline is listed, submit this as soon as the guardianship status changes or when required by another legal process.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- You need this form when establishing someone's guardianship for the first time.
- Use it if you need a formal declaration that someone *is* a guardian.
- It is also used to formally declare that a specific person *is not* a guardian.
- This applies under the Guardianship Of Infants Act 1964, as updated by the Children And Family Relationships Act 2015.
Form selector
Use this form or another form?
Changing guardianship status
If you are changing *from* one guardian to another, check if a different specific form is needed.
✓ Check title and purpose.
Other declaration forms from COURTS
Applying for initial guardianship order
If you are applying for the court to *make* the order, but this form makes the declaration itself.
✓ Confirm which action you need taken.
Confirming existing guardianship
Check if a simpler confirmation statement is sufficient instead of filing this full declaration.
✓ Review accompanying guidance notes.
Deadline or filing window
While no fixed deadline is listed, submit this as soon as the guardianship status changes or when required by another legal process.
Before you submit
- 1Fill in all fields clearly using black ink (or digital equivalent).
- 2Ensure the infant's full name and date of birth are correct.
- 3Accurately state the name(s) of the person being declared as guardian.
- 4Clearly tick or write whether the declaration is 'Is A Guardian' or 'Is Not A Guardian'.
- 5Sign and date the form in the designated signature area.
- 6Attach necessary supporting documentation (e.g., birth certificate).
How to file this form
- 1Complete all sections of Form 58.38 thoroughly.
- 2Gather supporting evidence related to the guardianship claim.
- 3Sign and date the form as required by the Courts Service.
- 4Submit the completed form to the relevant District Court or Circuit Court office.
- 5Keep a copy of the filed form for your own records.
Known limitations
- 1This form itself does not guarantee an order will be made; it is the declaration used in the process.
- 2It relates to guardianship under the 1964 Act, so other recent legislation might require supplementary information.
- 3The specific court handling your case may have minor variations or local requirements for filing this document.
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 is currently used to formally declare guardianship status under Irish law. It relates specifically to Section 6F(1) of the Guardianship Of Infants Act 1964.
What changed or needs a fresh check
- Ensure the reference to Section 6F(1) is present on the form.
- Verify the title explicitly mentions 'Order Making A Declaration'.
- Check if there are any specific boxes for declaring *is* or *is not* guardian.
- Confirm the date of the latest revision noted by the Courts Service.
Quick Facts
Form Details
- Revision date
- 23/10/25
Downloads & source
Sources
- SRCForm Name: 58.38
- SRCIssuing Body: Courts Service of Ireland (COURTS)
- SRCGoverning Act: Guardianship Of Infants Act 1964
- SRCSpecific Section: Section 6F(1)
- SRCAmendment Source: Children And Family Relationships Act 2015
- SRCNot confirmed in official source: Specific filing location requirements.
Common confusion points
Confusing 'Guardian' with 'Parental Responsibility': Guardianship is specific; ensure the role matches.
Not knowing whether to declare 'Is' or 'Is Not' when you are unsure—check supporting evidence first.
Assuming filing this form automatically grants rights: It initiates the process, but a formal Order must still be made.
Mixing up which court handles the declaration (District vs. Circuit) without checking local jurisdiction.
Source transparency
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