Official form guide
Form 84.38 – Order To / Vary / Discharge A Care Order A / Condition / Direction Attaching To A Care Order
Form 84.38 is used by the Irish courts to make, vary, or discharge a care order, or to attach conditions or directions to an existing care order. This form is part of the child protection proceedings process when the court needs to formalize decisions about a child's care and living arrangements.
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Form Overview
Courts Service of Ireland - Form 84.38 – Order To / Vary / Discharge A Care Order A / Condition / Direction Attaching To A Care Order
Form 84.38 is used by the Irish courts to make, vary, or discharge a care order, or to attach conditions or directions to an existing care order. This form is part of the child protection proceedings process when the court needs to formalize decisions about a child's care and living arrangements.
Risk Radar
Scan points- 1Always ensure the child's current address and care arrangements are accurately recorded.
- 2Incorrectly completing the form may result in delays in the care order process
- 3Missing information about the child's current situation could affect the court's decision
- 4Failure to include all relevant parties may lead to legal challenges to the order
- 5Not specifying clear conditions could result in confusion about what is required
Plain English
This is a court form that helps judges officially decide where a child should live and who should look after them. It can be used to start a care order, change an existing one, or end a care order altogether, and can include special rules that must be followed.
Submission Date
- Filing date: Care order proceedings typically follow strict court timelines, with initial applications usually requiring submission at least 7 days before the hearing date. Always check with the court clerk for specific deadlines in your case.
- 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
- Use this form when the court needs to make a new care order
- Use this form when an existing care order needs to be changed or varied
- Use this form when a care order needs to be ended or discharged
- Use this form when specific conditions need to be attached to a care order
- Do not use this form for emergency protection orders or other interim measures
Form selector
Use this form or another form?
Emergency protection needed
For immediate protection of a child at risk
✓ Check if the situation requires immediate intervention
Form 84.37 (Emergency Care Order)
Interim care arrangements needed
For temporary care arrangements pending full hearing
✓ Verify if this is a short-term measure only
Secure accommodation required
When a child needs to be placed in secure accommodation
✓ Ensure the child meets the criteria for secure accommodation
Form 84.40 (Secure Accommodation Order)
Supervision order needed instead
When less intrusive intervention is appropriate
✓ Consider if supervision is sufficient instead of care order
Deadline or filing window
Care order proceedings typically follow strict court timelines, with initial applications usually requiring submission at least 7 days before the hearing date. Always check with the court clerk for specific deadlines in your case.
Before you submit
- 1All sections of the form are completed
- 2Child's personal details are accurate and up-to-date
- 3Care arrangements are clearly described
- 4Any conditions attached to the order are specific and achievable
- 5All relevant parties have been identified
- 6Supporting documents are attached as required
- 7Form has been signed by the authorized person
How to file this form
- 1Obtain the correct version of Form 84.38 from the Courts Service website or court office
- 2Complete all sections with accurate information about the child and proposed care arrangements
- 3Gather any supporting documents that may be relevant to the court's decision
- 4Submit the completed form to the appropriate court office either in person or by mail
- 5Keep a copy of the submitted form for your records
- 6Attend any scheduled court hearings related to the care order
Known limitations
- 1This form cannot be used to initiate emergency protection measures
- 2The form must be used in conjunction with proper court procedures
- 3Not all care order applications may require this specific form
- 4The form does not replace the need for legal advice in complex cases
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->Form 84.38 is the current version used by the Courts Service of Ireland for care order proceedings. No recent changes have been confirmed, but always check with the court for the most up-to-date version.
What changed or needs a fresh check
- Check that you are using the most recent version of Form 84.38
- Verify that all sections match the current court requirements
- Ensure any recent legislative changes affecting care orders are reflected
- Confirm that contact information for relevant agencies is up to date
Quick Facts
Form Details
- Revision date
- 18/10/25
Downloads & source
Sources
- SRCForm number: Form 84.38Order To / Vary / Discharge A Care Order A / Condition / Direction Attaching To A Care Order
- SRCIssuing agency: Courts Service of Ireland
- SRCPurpose: For making, varying, or discharging care orders
- SRCNot confirmed in official source: Specific sections of the form
- SRCNot confirmed in official source: Current processing times
- SRCNot confirmed in official source: Exact filing procedures
- SRCNot confirmed in official source: Recent updates to the form
Common confusion points
The difference between a care order and a supervision order
When to use this form versus other care-related forms
How to specify appropriate conditions for the care order
Who should be included as a party to the proceedings
The process for varying or discharging an existing order
How to document the child's wishes and feelings appropriately
Source transparency
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