🇮🇪COURTS

Form 37H - Notice Of Motion For The Taking Of Bodily Sample - In The Matter Part Vii Of The Status Of Children Act, 1987

This form is a formal Notice of Motion used within the Courts Service of Ireland. It specifically relates to requesting a bodily sample be taken under Part VII of the Status of Children Act, 1987. You use this when you need the court to order a biological test.

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Form Overview

Form 37H - Notice Of Motion For The Taking Of Bodily Sample - In The Matter Part Vii Of The Status Of Children Act, 1987

This form is a formal Notice of Motion used within the Courts Service of Ireland. It specifically relates to requesting a bodily sample be taken under Part VII of the Status of Children Act, 1987. You use this when you need the court to order a biological test.

The form captures details about the required sample and the legal basis for needing it. It formally notifies the court that you are asking them to order the collection of evidence.

Risk Radar

  • Do not forget to specify *what* kind of bodily sample you require (e.g., blood, saliva).
  • Failing to cite Part VII of the Status of Children Act, 1987 correctly.
  • Omitting the identity or details of the person from whom the sample must be taken.
  • Submitting the form without a clear statement of *why* the sample is needed.
  • Using an incorrect court address for submission.

Plain English

Think of this as asking the judge for permission to take DNA or other samples. This happens in cases governed by the Status of Children Act. It's used when proving parentage or establishing relationships is necessary.

Submission Date

  • This notice must generally be filed when the need for the sample becomes apparent in the legal case. Check with the court clerk if there is a specific procedural deadline.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • You need the court to order a bodily sample test.
  • The matter must fall under Part VII of the Status of Children Act, 1987.
  • Use this when you are initiating the request for the sample itself (the 'Motion').
  • Do not use it if you are just filing evidence related to an existing hearing.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Need general court directionForm 37A or similarUse this form only when requesting a *bodily sample* test.Check the title carefully.
Filing witness statements/affidavitsNot confirmed in official source (likely related)This is for evidence supporting your motion, not the motion itself.Ensure you attach these documents.
General application to the courtForm 37B or similarUse this if the request isn't strictly about a bodily sample under Part VII.Check the specific Act reference in the form header.

Deadline or filing window

This notice must generally be filed when the need for the sample becomes apparent in the legal case. Check with the court clerk if there is a specific procedural deadline.

Before you submit

  • Ensure the full case name and number are clearly written on Form 37H.
  • Confirm the correct parties involved in the motion are listed.
  • Verify that you have attached all necessary supporting documentation (e.g., affidavits).
  • Sign and date the form where indicated by the Courts Service template.
  • Check if your solicitor's stamp/signature is present, if applicable.
  • Ensure the specific reason for needing the sample is detailed in the body of the notice.

How to file this form

  1. 1Complete all required fields on Form 37H thoroughly.
  2. 2Gather supporting evidence (affidavits, consent forms, etc.).
  3. 3Sign and date the form according to instructions.
  4. 4Submit the completed package to the relevant Court Office in Ireland.
  5. 5Pay any required filing fee at the time of submission or attach proof of payment.
  6. 6Keep a copy for your own records.

Known limitations

  • This form only initiates the request; it does not guarantee the court will order the sample test.
  • The specific court (e.g., District Court, Circuit Court) accepting the motion may vary based on jurisdiction.
  • Not confirmed in official source: The required filing fee amount is not listed on this summary page.
  • If the matter involves a child residing outside Ireland, additional documentation might be needed.

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Current Form Status

This is a current formal notice used within the Irish Courts Service. It remains specific to motions under Part VII of the Status of Children Act, 1987.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check the date printed on the top of the form.
  • Verify the exact wording regarding 'Part Vii of the Status Of Children Act, 1987'.
  • Confirm if there are any new sections related to digital filing or electronic service.
  • Note any changes in required signatory boxes (e.g., solicitor vs. self-represented).
  • Look for updates regarding specific court division requirements.

Quick Facts

A party involved in a case under the Status of Children Act, 1987, needs to fill this out. This could be a parent, child, or representative filing on their behalf.
The form captures details about the required sample and the legal basis for needing it. It formally notifies the court that you are asking them to order the collection of evidence.
You submit this when a bodily sample is necessary to resolve an issue under Part VII of the Act. There is no fixed deadline, but it must be filed at the appropriate stage of the case proceedings.
This form is submitted to the relevant Irish court handling the matter. Submission can usually be done via the Courts Service online portal or by posting it directly to the court registry.
Submitting this correctly ensures the court knows exactly what evidence you require. Errors could lead to delays in getting the sample taken, potentially stalling family law proceedings.
First, fill in all personal details for yourself and the other parties involved. Next, clearly state why the bodily sample is needed under Part VII of the Act. Then, sign and date the form before submitting it to the court.

Form Details

Agency
Courts Service of Ireland
Revision Date
19/02/26

Form 37H - Notice Of Motion For The Taking Of Bodily Sample - In The Matter Part Vii Of The Status Of Children Act, 1987

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After you file

  • Obtain a stamped copy of Form 37H from the Court Office for your file.
  • Track the case number assigned by the court.
  • Wait for the court order granting or denying the motion.
  • If granted, ensure the sampling procedure is followed according to the court's directions.
  • Notify all involved parties (e.g., other parents/parties) that the motion has been filed.

Source and verification log

  • Issuing Agency: Courts Service of Ireland (COURTS)
  • Form Name: Form 37H
  • Relevant Legislation: Status of Children Act, 1987
  • Purpose: Notice Of Motion For The Taking Of Bodily Sample
  • Not confirmed in official source: Specific court filing deadlines.
  • Not confirmed in official source: Required supporting documents list.

Common confusion points

4 things to watch for

  • 1

    Confusing 'Motion' with 'Application': The Motion *is* the formal request, but it requires supporting Applications (documents).

  • 2

    Not knowing which Court to file in: This depends on where the underlying case is heard.

  • 3

    Assuming the sample will be taken immediately: Filing this form starts the process; hearings are needed for confirmation.

  • 4

    Mistaking Part VII for another Act section: Ensure you reference 'Part Vii' correctly when describing the need.

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