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Form 84.40J – Notice Of Application To Vary / Discharge A Special Care Order - Child Care Act, 1991

Form 84.40J is a notice used to apply for changes to or the termination of a Special Care Order made under the Child Care Act, 1991. It's used when existing care arrangements for a child need modification or should be ended.

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Form Overview

Courts Service of Ireland - Form 84.40J – Notice Of Application To Vary / Discharge A Special Care Order - Child Care Act, 1991

Form 84.40J is a notice used to apply for changes to or the termination of a Special Care Order made under the Child Care Act, 1991. It's used when existing care arrangements for a child need modification or should be ended.

The form captures information about the current Special Care Order, the reasons for seeking changes or termination, and details about the child's circumstances that support the application.

Risk Radar

Scan points
  • 1The most common mistake is not providing sufficient evidence to support why the Special Care Order needs to change or end.
  • 2Incomplete form sections
  • 3Missing supporting evidence
  • 4Incorrect information about the child's circumstances
  • 5Failure to notify all relevant parties

Plain English

A Special Care Order is a court decision that places a child in care when they need protection that parents can't provide. This form lets you ask the court to change the terms of that order or end it completely.

Submission Date

  • Filing date: Not confirmed in official source - filing deadlines may vary depending on court schedules and urgency of the application.
  • 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

existingdecisioncurrentcourt

Hover a term to preview the meaning.

What this form is for

  • Use this form only when applying to change (vary) an existing Special Care Order
  • Use this form when applying to end (discharge) an existing Special Care Order
  • Do not use this form for initial applications for a Special Care Order
  • Do not use this form for emergency care orders
  • Consult with a legal professional if unsure about the appropriate form

Form selector

Use this form or another form?

Initial application for Special Care Order

Different process for first-time orders

✓ Check the specific form for initial applications

Form 84.40 (or similar)

Emergency protection of a child

Different legal standard and timeline

✓ Verify if immediate action is needed before formal application

Emergency Care Order application

Application for other care orders

Different legal provisions apply

✓ Ensure you're applying for the correct type of order

Relevant care order application form

Appealing a Special Care Order decision

Different legal process and timelines

✓ Check appeal deadlines and procedures separately

Notice of Appeal form

Deadline or filing window

Not confirmed in official source - filing deadlines may vary depending on court schedules and urgency of the application.

Before you submit

  1. 1All sections of the form completed
  2. 2Supporting evidence documents attached
  3. 3All required signatures obtained
  4. 4Copies made for personal records
  5. 5Court fee paid if required
  6. 6Correct court office identified
  7. 7All relevant parties notified

How to file this form

  1. 1Obtain the correct version of Form 84.40J
  2. 2Complete all sections with accurate information
  3. 3Gather supporting evidence documents
  4. 4Submit the completed form to the appropriate court office
  5. 5Pay any required court fees
  6. 6Notify all relevant parties of the application
  7. 7Prepare for any required court hearings

Known limitations

  1. 1Cannot be used for initial applications for Special Care Orders
  2. 2Requires court approval to be effective
  3. 3May not address emergency situations requiring immediate action
  4. 4Does not guarantee the court will grant the variation or discharge
  5. 5May require additional forms depending on specific circumstances

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

Not confirmed in official source - verify the current version with the Courts Service of Ireland before use.

What changed or needs a fresh check

  • Confirm the current version number matches the one on the Courts Service website
  • Check that legislation references are up to date
  • Verify court procedures haven't recently changed
  • Ensure contact information for the Courts Service is current
  • Check if online submission options are now available

Form Preview

Form 84.40J – Notice Of Application To Vary / Discharge A Special Care Order - Child Care Act, 1991 page 1

Page 1

Form 84.40J – Notice Of Application To Vary / Discharge A Special Care Order - Child Care Act, 1991 page 2

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Quick Facts

This form is typically completed by social workers, parents, guardians, or other parties involved in the child's care who wish to apply to vary or discharge the Special Care Order.
The form captures information about the current Special Care Order, the reasons for seeking changes or termination, and details about the child's circumstances that support the application.
Submit this form when there's been a significant change in the child's situation or when the existing order is no longer appropriate or necessary.
Submit this form to the relevant Family Court office of the Courts Service of Ireland, either in person, by post, or through their online portal if available.
Submitting correctly ensures the court has complete information to make decisions affecting a child's welfare. Errors or delays could result in unnecessary continuation of inappropriate care arrangements.
Complete all sections of the form with accurate information about the child and the current order. Attach any supporting evidence that shows why the order should be changed or ended. Submit the completed form to the appropriate court office and keep a copy for your records.

Form Details

Revision date
18/10/25

Downloads & source

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Sources

  • SRCForm number: 84.40J confirmed
  • SRCIssuing agency: Courts Service of Ireland confirmed
  • SRCPurpose: Application to vary/discharge Special Care Order confirmed
  • SRCLegislation: Child Care Act, 1991 referenced
  • SRCCurrent version status: not confirmed in official source
  • SRCSubmission methods: not confirmed in official source
  • SRCFiling deadlines: not confirmed in official source
  • SRCRequired supporting documents: not confirmed in official source

Common confusion points

Difference between 'vary' (changing terms) and 'discharge' (ending) the order

Who has legal standing to apply for these changes

What evidence the court considers relevant

How long the court process typically takes

Whether legal representation is required

The impact on parental rights

Notification requirements for other parties

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Source transparency

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