58.40 Order Removing From Office A Guardian - Guardianship Of Infants Act 1964 Section 8(6)
This form is used to apply to the court for an order removing a guardian from their position under the Guardianship of Infants Act 1964. It should be filed when there are valid grounds to remove a guardian who is no longer suitable or able to act in the infant's best interests.
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58.40 Order Removing From Office A Guardian - Guardianship Of Infants Act 1964 Section 8(6)
This form is used to apply to the court for an order removing a guardian from their position under the Guardianship of Infants Act 1964. It should be filed when there are valid grounds to remove a guardian who is no longer suitable or able to act in the infant's best interests.
Risk Radar
- The most common mistake is not providing clear, specific evidence of why the guardian should be removed.
- Incomplete information about the grounds for removal
- Missing required supporting documentation
- Filing in the wrong court jurisdiction
- Not providing sufficient evidence of the guardian's unsuitability
Plain English
This form helps you ask a court to remove someone who acts as a guardian for a child. Guardians make important decisions about a child's welfare, and this process allows you to challenge their role if they're no longer fit to serve.
Submission Date
- There is no standard deadline for this form, but it should be filed as soon as grounds for removal arise. The court will set specific timelines once the application is processed.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • Use when a guardian is no longer fit to act due to incapacity or misconduct
- • Use when a guardian's circumstances have changed significantly
- • Use when the guardian is not acting in the infant's best interests
- • Use when there's a conflict of interest affecting the guardian's duties
- • Use when the guardian has failed to fulfill their responsibilities
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Situation: Adding a new guardian | Likely form: Application for Appointment of Guardian | Why it matters: Different legal process | Check before you continue: Ensure you're not seeking removal when addition is needed |
| Situation: Changing guardianship arrangements | Likely form: Variation of Guardianship Order | Why it matters: Different court process | Check before you continue: Determine if removal is necessary or if modification suffices |
| Situation: Emergency removal of guardian | Likely form: Ex parte application | Why it matters: Urgent court process | Check before you continue: Verify the situation truly requires immediate action |
| Situation: International guardianship issues | Likely form: Special form for international cases | Why it matters: Additional legal complexities | Check before you continue: Consult with legal experts familiar with international law |
Deadline or filing window
There is no standard deadline for this form, but it should be filed as soon as grounds for removal arise. The court will set specific timelines once the application is processed.
Before you submit
- • Form 58.40 completely filled out with all required sections
- • Grounds for removal clearly stated with specific examples
- • Supporting evidence documents attached
- • Correct court jurisdiction identified
- • Appropriate court fee payment included or exemption claimed
- • Copy for the guardian to be removed prepared
- • Verification that all parties have been properly served
How to file this form
- 1Obtain the correct Form 58.40 from the Courts Service website or court office
- 2Complete all sections with accurate information about the guardian and grounds for removal
- 3Gather supporting evidence documentation
- 4Calculate and pay the required court fee (or apply for exemption)
- 5File the form at the appropriate court registry
- 6Ensure proper service on all parties including the guardian
- 7Attend any required court hearings
Known limitations
- • This form cannot be used to remove a guardian without valid legal grounds
- • The court must be satisfied that removal is in the infant's best interests
- • The process may not resolve underlying family disputes
- • The court may impose conditions rather than complete removal
- • The process does not automatically address related issues like custody arrangements
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✦ Open in AI EditorCurrent Form Status
This form is current as of the Guardianship of Infants Act 1964 but may be subject to updates; verify the latest version with the Courts Service of Ireland before filing.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Verify the form number matches the current version (58.40)
- • Check if any recent amendments to the Guardianship of Infants Act affect this form
- • Confirm court fees haven't changed since last update
- • Ensure contact information for the Courts Service is current
- • Check if any supporting documentation requirements have been updated
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Family Law Forms
- Source
- Court Forms ↗
- Revision Date
- 23/10/25
Downloads
58.40 Order Removing From Office A Guardian - Guardianship Of Infants Act 1964 Section 8(6)
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After you file
- • Keep track of court dates and deadlines
- • Prepare for potential court hearings
- • Monitor for any responses from the guardian
- • Keep copies of all filed documents and correspondence
- • Be prepared to provide additional information if requested by the court
- • Consider consulting with a solicitor for ongoing guidance
Source and verification log
- • Form number: 58.40 confirmed from Courts Service of Ireland
- • Legal basis: Guardianship of Infants Act 1964, Section 8(6)
- • Issuing agency: Courts Service of Ireland
- • Purpose: Removal of a guardian from office
- • Current status: Not confirmed in official source
- • Filing procedures: Not confirmed in official source
- • Court fees: Not confirmed in official source
- • Required supporting documents: Not confirmed in official source
Common confusion points
7 things to watch for
- 1
Confusing guardianship with custody arrangements
- 2
Not understanding the difference between removing a guardian and appointing a new one
- 3
Assuming the court will automatically grant the removal without sufficient evidence
- 4
Not realizing that other options like supervision orders might be available
- 5
Misunderstanding who has standing to file this application
- 6
Confusing the requirements for different types of guardianship
- 7
Not understanding the impact on the infant when a guardian is removed
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