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Official form guide

Form 84.40K – Notice Of Application To Discharge A Special Care Order And Make A Supervision Order - Child Care Act 1991

This form is an application to end a Special Care Order and replace it with a Supervision Order for a child under the Child Care Act 1991. It should be used when seeking to modify existing care arrangements for a child currently under a Special Care Order.

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Form Overview

Courts Service of Ireland - Form 84.40K – Notice Of Application To Discharge A Special Care Order And Make A Supervision Order - Child Care Act 1991

This form is an application to end a Special Care Order and replace it with a Supervision Order for a child under the Child Care Act 1991. It should be used when seeking to modify existing care arrangements for a child currently under a Special Care Order.

The form captures information about why the Special Care Order should be discharged and why a Supervision Order would be more appropriate for the child's current situation.

Risk Radar

Scan points
  • 1The most common mistake is not providing enough evidence that the child's circumstances have changed sufficiently to warrant a different type of order.
  • 2Incomplete or inaccurate information about the child's current situation
  • 3Failure to provide sufficient evidence supporting the need for a Supervision Order
  • 4Missing deadlines for submission
  • 5Not properly notifying all relevant parties

Plain English

This form helps you ask the court to change how a child is cared for. If a child is currently in a Special Care Order (which involves more restrictions), this form lets you request a Supervision Order instead (which is less restrictive but still involves oversight).

Submission Date

  • Filing date: There is typically no fixed deadline for submitting this form, but it should be filed as soon as there is a legitimate reason to change the care order, and well before any scheduled court review dates.
  • 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 this form when you want to replace a Special Care Order with a Supervision Order
  • Use when the child's situation has improved but still needs oversight
  • Use when less restrictive care arrangements are now appropriate
  • Use when the child can be safely cared for with supervision rather than special care
  • Use only for cases already under a Special Care Order

Form selector

Use this form or another form?

Applying for a new Special Care Order

Different legal standard and process

✓ Current orders in place

Form 84.40A

Applying for a Supervision Order only

Different application process

✓ Whether a Special Care Order currently exists

Form 84.40B

Seeking to extend an existing order

Different legal requirements

✓ Current order expiry date

Extension form

Applying for emergency care order

Immediate legal powers

✓ Whether urgent action is needed

Emergency form

Deadline or filing window

There is typically no fixed deadline for submitting this form, but it should be filed as soon as there is a legitimate reason to change the care order, and well before any scheduled court review dates.

Before you submit

  1. 1All sections of the form are completed
  2. 2Supporting evidence is attached and referenced
  3. 3The child's current situation is accurately described
  4. 4Reasons for changing the order are clearly stated
  5. 5All relevant parties have been notified
  6. 6Form is signed by the authorized person
  7. 7Court fees are paid if applicable
  8. 8Copies are made for personal records

How to file this form

  1. 1Obtain the correct Form 84.40K from the Courts Service website or court office
  2. 2Complete all sections with accurate information
  3. 3Gather supporting evidence and documents
  4. 4Submit the completed form to the appropriate court office
  5. 5Pay any required court fees
  6. 6Keep copies of the submitted form and all supporting documents
  7. 7Attend any required court hearings related to the application

Known limitations

  1. 1This form cannot be used to apply for a new Special Care Order
  2. 2It cannot be used to extend an existing order beyond its current term
  3. 3It does not replace the need for legal advice in complex cases
  4. 4The court may still refuse the application even if properly submitted
  5. 5It does not guarantee a change in the child's care arrangements

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 is the current version of Form 84.40K as issued by the Courts Service of Ireland, but always check the Courts Service website for any recent updates before use.

What changed or needs a fresh check

  • Check if recent amendments to the Child Care Act 1991 affect this form
  • Verify if court procedures for submitting this form have changed
  • Confirm if additional supporting documents are now required
  • Ensure the form references current court fees and payment methods
  • Check if online submission options have been added or modified
  • Verify if contact information for court offices has been updated

Quick Facts

This form would typically be filed by a social worker, legal representative, or other authorized person involved in the child's care proceedings who is seeking to modify the existing care order.
The form captures information about why the Special Care Order should be discharged and why a Supervision Order would be more appropriate for the child's current situation.
This form should be submitted when there has been a significant change in circumstances that makes the current Special Care order no longer necessary or appropriate, and a Supervision Order would be more suitable.
The form should be submitted to the relevant court office handling the child care proceedings, either in person, by post, or potentially through an online court portal if available.
Submitting this form correctly is important as it directly affects the legal arrangements for a child's care. Errors or delays could result in the court not considering your request or making decisions without complete information.
Complete all sections of the form with accurate and up-to-date information. Provide clear reasons why the Special Care Order should be discharged and why a Supervision Order is appropriate. Include any supporting evidence or documents that strengthen your case. Submit the completed form to the appropriate court office.

Form Details

Revision date
18/10/25

Downloads & source

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Sources

  • SRCForm issued by Courts Service of Ireland
  • SRCRelated to Child Care Act 1991
  • SRCConcerns discharge of Special Care Orders
  • SRCInvolves making Supervision Orders
  • SRCNot confirmed in official source: specific submission procedures
  • SRCNot confirmed in official source: current court fees
  • SRCNot confirmed in official source: exact processing times
  • SRCNot confirmed in official source: required supporting documents

Common confusion points

Confusing Special Care Orders with Supervision Orders

Not understanding the legal threshold for changing an order

Uncertainty about who can legally submit this form

Misunderstanding the required evidence to support the application

Confusion about the timeline for court decisions

Not knowing which court office to submit the form to

Uncertainty about notification requirements for other parties

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