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Form 84.40H – Notice Of Application For An Extension Of An Interim Special Care Order - Child Care Act 1991, Section 23C (2) (As Inserted By Section 16 Of The Children Act 2001)

This form is used to request an extension of an interim special care order under the Child Care Act 1991. It would be filed when a current interim special care order is approaching its expiration date and additional time is needed for the child's care arrangements.

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Form Overview

Form 84.40H – Notice Of Application For An Extension Of An Interim Special Care Order - Child Care Act 1991, Section 23C (2) (As Inserted By Section 16 Of The Children Act 2001)

This form is used to request an extension of an interim special care order under the Child Care Act 1991. It would be filed when a current interim special care order is approaching its expiration date and additional time is needed for the child's care arrangements.

The form captures information about the current order, reasons for seeking an extension, and details about why continued special care is necessary for the child.

Risk Radar

  • Failing to file before the current order expires could leave the child without legal protection.
  • Missing the deadline for filing before the current order expires
  • Incomplete information about why the extension is necessary
  • Not providing adequate evidence of the child's ongoing care needs
  • Filing with incorrect court details

Plain English

This form helps courts continue special care arrangements for a child when the current order is about to end. It's part of Ireland's child protection system that allows temporary care orders for children with special needs.

Submission Date

  • File this form at least 7-14 days before the current interim special care order expires to allow for court processing time. Late filing risks a gap in legal protection for the child.
  • 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

  • Use this form specifically when extending an existing interim special care order
  • Not for initial applications for special care orders
  • Not for final care orders
  • Use when the current order is due to expire and continued care is needed
  • For cases involving children with special care needs under the Child Care Act

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Initial application for special care orderForm 84.40 (Notice of Application for Special Care Order)Different process for first-time applicationsCheck if this is an extension or new application
Application for final care orderForm 84.41 (Notice of Application for Special Care Order)For permanent rather than temporary ordersVerify if you need interim or final care
Application for variation of existing orderForm 84.40H (this form)For extending current interim ordersConfirm you're extending not replacing
Emergency application for immediate careEmergency court procedureFor urgent situations outside normal timelinesCheck if immediate action is needed

Deadline or filing window

File this form at least 7-14 days before the current interim special care order expires to allow for court processing time. Late filing risks a gap in legal protection for the child.

Before you submit

  • All sections of the form completed
  • Current order details accurately recorded
  • Specific reasons for extension clearly stated
  • Supporting documentation attached
  • Correct court registry identified
  • All relevant parties notified
  • Copy retained for personal records

How to file this form

  1. 1Obtain the current Form 84.40H from the Courts Service or website
  2. 2Complete all sections with accurate information about the current order
  3. 3Prepare supporting documentation about the child's care needs
  4. 4Submit to the appropriate court registry before the current order expires
  5. 5Ensure all parties receive notice of the application
  6. 6Attend any required court hearings
  7. 7Keep a copy of the filed form for your records

Known limitations

  • This form only extends existing interim orders, it doesn't create new ones
  • It cannot be used to change the terms of the original order
  • The court must be satisfied that continued special care is necessary
  • The form must be filed through proper court channels
  • Electronic filing options may be limited for this form type

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Current Form Status

This form is current as of the Child Care Act 1991 and Children Act 2001 amendments. Recent changes to child care legislation may affect requirements.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify the form references the current Child Care Act 1991 as amended
  • Check if recent Children Act 2001 amendments affect requirements
  • Ensure court fees are up to date
  • Confirm if electronic filing options are now available
  • Check if supporting documentation requirements have changed

Quick Facts

Legal representatives for the child, parents, or other parties involved in the care proceedings would typically file this form through the Courts Service.
The form captures information about the current order, reasons for seeking an extension, and details about why continued special care is necessary for the child.
This form should be submitted before the current interim special care order expires, typically allowing sufficient time for court processing before the current order's end date.
The form is likely submitted to the relevant District Court or Family Court handling the child care proceedings, either in person or by post to the Courts Service.
Submitting this form correctly ensures continuity of care arrangements for the child. Errors or delays could result in gaps in the child's care plan or require additional court appearances.
Complete all sections of the form with accurate information about the current order and reasons for extension. Attach any supporting documentation about the child's care needs. File with the appropriate court registry well before the current order expires.

Form Details

Agency
Courts Service of Ireland
Revision Date
18/10/25

Form 84.40H – Notice Of Application For An Extension Of An Interim Special Care Order - Child Care Act 1991, Section 23C (2) (As Inserted By Section 16 Of The Children Act 2001)

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After you file

  • Monitor court scheduling for hearings
  • Prepare for any court appearances required
  • Keep track of the court's decision timeline
  • Update care arrangements based on court ruling
  • Maintain documentation of the extended order
  • Set reminders for when the new order expires

Source and verification log

  • Form issued by Courts Service of Ireland
  • Governed by Child Care Act 1991, Section 23C(2)
  • Amended by Children Act 2001, Section 16
  • Form number: 84.40H
  • Purpose: Extension of interim special care orders
  • Not confirmed in official source: Current filing fees
  • Not confirmed in official source: Electronic filing options
  • Not confirmed in official source: Exact processing timeline

Common confusion points

7 things to watch for

  • 1

    Confusing this with initial special care order applications

  • 2

    Unclear about what constitutes 'special care' under the Act

  • 3

    Not understanding the difference between interim and final orders

  • 4

    Missing which court has jurisdiction for the case

  • 5

    Unclear about required documentation for the extension

  • 6

    Not knowing how much notice to give before filing

  • 7

    Confusion about who needs to be notified of the application

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