Official form guide
Form 58.40 Order Removing From Office A Guardian - Guardianship Of Infants Act 1964 Section 8(6)
This form is used to formally request a court order to remove someone from the role of Guardian for an infant in Ireland. It specifically relates to Section 8(6) of the Guardianship Of Infants Act 1964. You use this when you need the courts to officially change or end a current guardianship appointment.
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Form Overview
Courts Service of Ireland - Form 58.40 Order Removing From Office A Guardian - Guardianship Of Infants Act 1964 Section 8(6)
This form is used to formally request a court order to remove someone from the role of Guardian for an infant in Ireland. It specifically relates to Section 8(6) of the Guardianship Of Infants Act 1964. You use this when you need the courts to officially change or end a current guardianship appointment.
Risk Radar
Scan points- 1Do not forget to detail *why* the guardian must be removed; a simple request isn't enough.
- 2Omitting the specific Section 8(6) reference.
- 3Failing to detail sufficient grounds for removal.
- 4Incorrectly identifying the infant's birth details.
- 5Not attaching necessary evidence (e.g., medical reports).
Plain English
If someone is currently looking after a child as their guardian, and you believe they should no longer be in that role, you use this form. It tells the Courts Service of Ireland exactly why that person needs to be removed from the legal responsibility for the child. This formal process ensures the removal is legally recognized.
Submission Date
- Filing date: There is no fixed deadline unless another court order specifies one. Submit it as soon as the need for removal becomes urgent or apparent.
- 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 the Court to officially take a person off as Guardian for an infant.
- The removal must specifically relate to grounds covered under Section 8(6) of the Guardianship Of Infants Act 1964.
- Use this when you want to end or change an existing guardianship appointment, not just suggest a new one.
- This form is used in the context of Irish family law matters regarding children's care.
Form selector
Use this form or another form?
Requesting Guardian for the first time
Check if 58.40 specifies removal or general order
✓ Ensure you select 'Removal' on the cover slip.
Form might be different/general application
Changing an existing Guardian (but not removing completely)
Confirm Section 8(6) applies to your change
✓ Read instructions carefully.
Courts Service may have a variation
Application for Guardianship (General)
Check if the form asks specifically about S. 8(6) grounds
✓ Do not use this if you are just applying.
Might be Form 58.40 but without specific section reference
Petitioning a different court type
If filing outside a standard family division, check local rules
✓ Ensure the jurisdiction is correct.
Deadline or filing window
There is no fixed deadline unless another court order specifies one. Submit it as soon as the need for removal becomes urgent or apparent.
Before you submit
- 1Fill out all sections completely; leave no boxes blank if possible.
- 2Ensure the infant's full details (name, DOB) are correct.
- 3Clearly state who you are requesting to be removed from office.
- 4Attach supporting evidence proving why removal is necessary (e.g., medical reports).
- 5Sign and date the form where indicated.
- 6Check that the court address/jurisdiction is accurate for your case.
How to file this form
- 1Complete Form 58.40 fully using black ink.
- 2Gather all required documentation mentioned in the accompanying instructions.
- 3Submit the completed form to the correct Courts Service office or via the designated online portal.
- 4Pay any required filing fees at the time of submission (or attach proof of payment).
- 5Keep a copy of the signed and stamped/received form for your records.
Known limitations
- 1This form only addresses removal under Section 8(6); other grounds require different forms or amendments.
- 2The Courts Service may require additional documentation not listed on the form itself (e.g., Garda reports).
- 3Filing this does not guarantee the court will grant the order; a hearing might be required.
- 4Not confirmed in official source: There are no guaranteed timelines for processing.
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 is the specific form to request a court order removing someone from guardianship under Section 8(6) of the Guardianship Of Infants Act 1964. It remains the standard document for this particular legal action.
What changed or needs a fresh check
- Check for updated dates or revision numbers printed on the form itself.
- Verify that the reference to 'Guardianship Of Infants Act 1964' is current.
- Confirm if there have been any changes to required supporting documentation listed in the instructions.
- Look for updates regarding digital submission requirements (e.g., e-filing portal).
- Ensure the specific section cited remains 8(6) and not a related subsection.
Quick Facts
Form Details
- Revision date
- 23/10/25
Downloads & source
Sources
- SRCForm Name: Order Removing From Office A Guardian - Guardianship Of Infants Act 1964 Section 8(6)
- SRCIssuing Agency: Courts Service of Ireland (COURTS)
- SRCContext: Formal request for court order to remove a guardian.
- SRCSpecific Legislation: Guardianship Of Infants Act 1964, Section 8(6)
Common confusion points
Confusing this form with simply *requesting* guardianship versus formally requesting its *removal*.
Not knowing which specific ground under S. 8(6) applies to the removal.
Failing to include proof that the infant is indeed subject to a current guardianship order.
Using an outdated version of Form 58.40.
Source transparency
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