58.42 Order Under Section 11E Giving Custody - Guardianship Of Infants Act 1964
This form is an official court document from the Courts Service of Ireland. It specifically requests a formal order under Section 11E of the Guardianship Of Infants Act 1964. You use it when seeking to legally grant custody or guardianship of children.
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58.42 Order Under Section 11E Giving Custody - Guardianship Of Infants Act 1964
This form is an official court document from the Courts Service of Ireland. It specifically requests a formal order under Section 11E of the Guardianship Of Infants Act 1964. You use it when seeking to legally grant custody or guardianship of children.
Risk Radar
- Do not forget to specify *which* custody arrangement you are seeking in Section 11E.
- Failing to name all parties involved in the custody dispute.
- Not clearly stating whether you are seeking Custody or Guardianship (or both).
- Omitting key details about the child's welfare or circumstances.
- Using outdated contact information for yourself or the other parent(s).
Plain English
If you are involved in a dispute over who should have care of a child, this form helps start the legal process. It asks the court to officially decide on granting custody or guardianship rights. This is part of Ireland's established law regarding family matters.
Submission Date
- There is no universal deadline, but it must be filed as soon as the need for a court order arises. Check with the specific court office for any case-specific filing windows.
- 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 this form when you need a formal court order granting custody or guardianship of children.
- • It applies specifically to matters covered by the Guardianship Of Infants Act 1964.
- • Choose this over general applications if your request relates directly to Section 11E provisions.
- • This is for seeking an *Order*, not just making a proposal.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Seeking custody but need guardianship too | Use this form (58.42) | It covers both granting custody AND legal guardianship under the 1964 Act | Check if you only need one or the other. |
| The children are young and parents disagree | This is the standard application for Section 11E | You use it when you want the Court to decide who has primary care/legal rights over your child(ren) | Ensure all parental details are accurate. |
| Need an order quickly (Urgent matter) | Use this form, but mark it as urgent | While not a specific urgent application form, 58.42 is used to request the immediate granting of the Section 11E Order | Be ready to explain *why* it needs to be fast. |
| Already have some court paperwork filed | If you already started proceedings in the Circuit or District Court | You still use this form (58.42) to formally ask for that specific custody/guardianship order under Section 11E | Don't assume other forms cover everything. |
Deadline or filing window
There is no universal deadline, but it must be filed as soon as the need for a court order arises. Check with the specific court office for any case-specific filing windows.
Before you submit
- • Ensure all parties involved are clearly named and contact details are correct.
- • Attach supporting documentation proving your claim (e.g., birth certificates, existing custody agreements).
- • Fill out the section detailing *why* Section 11E applies to this case.
- • Sign and date every required signature line on the form.
- • Do not leave any mandatory fields blank.
How to file this form
- 1Complete all sections of Form 58.42 thoroughly.
- 2Gather all necessary evidence supporting your custody claim.
- 3Sign and date the document according to court requirements.
- 4File it at the relevant local District or Circuit Court office (Courts Service).
- 5Keep a copy for yourself before submitting.
Known limitations
- • This form only grants an Order under Section 11E; it is not a blanket application for all custody issues.
- • The outcome depends entirely on the Judge's decision, not just filling out the form correctly.
- • Not confirmed in official source: Specific departmental variations (e.g., Family Law vs. General Civil) might require slight modifications.
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This is a standard court document from the Courts Service of Ireland. It remains the correct form for seeking specific custody orders under Section 11E.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Check for any updated court seal or reference numbers.
- • Verify the date/year printed on the form matches current usage.
- • Confirm the specific wording reflects Section 11E requirements.
- • Look for amendments regarding electronic filing instructions (if applicable).
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Family Law Forms
- Source
- Court Forms ↗
- Revision Date
- 23/10/25
Downloads
58.42 Order Under Section 11E Giving Custody - Guardianship Of Infants Act 1964
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After you file
- • Obtain a stamped or receipted copy of your filed Form 58.42.
- • Track the case number assigned by the Court Office.
- • Prepare for potential court dates where you must present evidence.
- • Monitor official correspondence from the Courts Service regarding the Order status.
Source and verification log
- • Form Agency: Courts Service of Ireland (COURTS)
- • Form Number: 58.42
- • Act Referenced: Guardianship Of Infants Act 1964
- • Purpose: Seeking Order Under Section 11E
Common confusion points
4 things to watch for
- 1
Confusing 'Custody' with 'Guardianship': While related, they are distinct legal concepts. The form addresses both.
- 2
Not knowing which specific section to cite: Ensure your request fits Section 11E criteria precisely.
- 3
Assuming submission equals approval: Filing it starts the process; the Judge must sign the Order.
- 4
Using the wrong jurisdiction: Submitting it to a court that doesn't have authority over the children.
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