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)

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.

Use this form or another form?

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

• • Fill in all fields clearly using black ink (or digital equivalent).
• • Ensure the infant's full name and date of birth are correct.
• • Accurately state the name(s) of the person being declared as guardian.
• • Clearly tick or write whether the declaration is 'Is A Guardian' or 'Is Not A Guardian'.
• • Sign and date the form in the designated signature area.
• • Attach necessary supporting documentation (e.g., birth certificate).

How to file this form

1. 1Complete all sections of Form 58.38 thoroughly.
2. 2Gather supporting evidence related to the guardianship claim.
3. 3Sign and date the form as required by the Courts Service.
4. 4Submit the completed form to the relevant District Court or Circuit Court office.
5. 5Keep a copy of the filed form for your own records.

Known limitations

• • This form itself does not guarantee an order will be made; it is the declaration used in the process.
• • It relates to guardianship under the 1964 Act, so other recent legislation might require supplementary information.
• • The specific court handling your case may have minor variations or local requirements for filing this document.