IECOURTSFamily Law Forms

Official form guide

Form 84.40A – Notice Of Application For A Special Care Order - Child Care Act 1991, Section 23B (As Inserted By Section 16 Of The Children Act 2001)

Form 84.40A is a formal notice used when applying for a Special Care Order under Irish child protection law. It's required when seeking court authorization to place a child in special care due to welfare concerns.

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Form Overview

Courts Service of Ireland - Form 84.40A – Notice Of Application For A Special Care Order - Child Care Act 1991, Section 23B (As Inserted By Section 16 Of The Children Act 2001)

Form 84.40A is a formal notice used when applying for a Special Care Order under Irish child protection law. It's required when seeking court authorization to place a child in special care due to welfare concerns.

The form captures information about the child, the reasons for seeking the order, and details about the proposed special care arrangements.

Risk Radar

Scan points
  • 1Incomplete or inaccurate information about the child's immediate safety needs can cause significant delays.
  • 2Incomplete information may delay the court process
  • 3Missing supporting evidence could weaken the application
  • 4Incorrect legal references might invalidate the notice
  • 5Failure to notify all parties properly

Plain English

This form tells the court that someone wants to get a Special Care Order for a child. A Special Care Order is when a child needs special protection and care that their parents can't provide.

Submission Date

  • Filing date: There is no fixed deadline, but the form should be submitted as soon as possible once a child is assessed as needing special care.
  • 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

Hover a term to preview the meaning.

What this form is for

  • Use when seeking a Special Care Order for a child in need of protection
  • Required for applications under Section 23B of the Child Care Act
  • Not for emergency protection orders - use Form 84.40 for those
  • Different from care orders under Section 18 of the Child Care Act

Form selector

Use this form or another form?

Emergency protection needed

Different legal basis and faster process

✓ Check if immediate danger exists

Form 84.40

Standard care order application

Different legal threshold and process

✓ Confirm which order type is appropriate

Form 84.36

Appealing a care order decision

Different process and timeframes

✓ Verify if this is an appeal or initial application

Form 84.48

Seeking access rights

Addresses different legal issues

✓ Determine if access or care is the primary concern

Form 84.42

Deadline or filing window

There is no fixed deadline, but the form should be submitted as soon as possible once a child is assessed as needing special care.

Before you submit

  1. 1All sections completed with accurate information
  2. 2Supporting evidence attached
  3. 3Correct court location identified
  4. 4All relevant parties notified
  5. 5Form signed by authorized person
  6. 6Copy retained for records

How to file this form

  1. 1Complete all sections of the form with accurate information
  2. 2Gather supporting evidence about the child's welfare needs
  3. 3Submit to the appropriate District Court office
  4. 4Ensure all parties receive proper notification
  5. 5Attend any required court hearings
  6. 6Keep copies of all submitted documents

Known limitations

  1. 1This form alone does not guarantee the court will grant the Special Care Order
  2. 2The court may request additional information or assessments
  3. 3Timeframes for court decisions can vary significantly
  4. 4Legal representation may be necessary for complex cases

Field map

Compact field-by-field guide

6 fields

Proceedings

3 items

Title of Proceedings

The names of the parties exactly as they appear on the originating document.

Requiredtext
Record Number

The court record number for the case, if one has been assigned.

Requiredtext
Court and Office

The court and the office where the document is being filed.

Requiredtext

Substance

2 items

Relief or Information Sought

What you are asking the court to do, or the information the form requires.

Requiredtext
Grounds and Exhibits

The facts relied on and any documents exhibited with the filing.

text

Execution

1 items

Signature, Jurat or Service Details

Signed, sworn or certified as the form requires, with proof of service where needed.

Requiredsignature
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Current form status
COURTS

This form is current under the Child Care Act 1991 as amended by the Children Act 2001. Always verify the latest version with the Courts Service.

What changed or needs a fresh check

  • Confirm the form includes the latest amendments from the Children Act 2001
  • Check that all references to legal sections are current
  • Verify that the form number matches the latest version from the Courts Service
  • Ensure contact information for the Courts Service is up to date

Quick Facts

Social workers, health board officials, or other authorized persons involved in child protection cases may need to file this form.
The form captures information about the child, the reasons for seeking the order, and details about the proposed special care arrangements.
Submit this form as soon as possible when a child is assessed as needing special care that cannot be provided within their family home.
File this form with the relevant District Court office handling child care cases, typically in person or by post.
Submitting correctly ensures the court has all necessary information to make decisions about the child's welfare and safety.
Complete all sections with accurate information about the child and the reasons for seeking the order. Attach supporting evidence and submit to the appropriate court office.

Form Details

Revision date
18/10/25

Downloads & source

Fill Form Form 84.40A – Notice Of Application For A Special Care Order - Child Care Act 1991, Section 23B (As Inserted By Section 16 Of The Children Act 2001)

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Sources

  • SRCForm number: 84.40A confirmed from Courts Service
  • SRCLegal basis: Child Care Act 1991, Section 23B (as inserted by Children Act 2001)
  • SRCIssuing agency: Courts Service of Ireland
  • SRCPurpose: Application for Special Care Order
  • SRCSpecific procedures: not confirmed in official source
  • SRCCurrent version status: not confirmed in official source
  • SRCRequired supporting documents: not confirmed in official source
  • SRCProcessing timeframes: not confirmed in official source

Common confusion points

Confusing Special Care Orders with standard care orders

Unclear about who has authority to submit the form

Not understanding the legal threshold for a Special Care Order

Difficulty identifying the correct court location

Uncertain about what supporting evidence is required

Confusion about notification requirements for all parties

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Source transparency

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