Official form guide
Form 84.40L – Notice Of Application To Discharge A Special Care Order And Make A Care Order - Child Care Act 1991
Form 84.40L is used to apply to discharge a Special Care Order and make a Care Order for a child under the Child Care Act 1991. This form initiates a legal process to change the type of court order affecting a child's care arrangements.
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Form Overview
Courts Service of Ireland - Form 84.40L – Notice Of Application To Discharge A Special Care Order And Make A Care Order - Child Care Act 1991
Form 84.40L is used to apply to discharge a Special Care Order and make a Care Order for a child under the Child Care Act 1991. This form initiates a legal process to change the type of court order affecting a child's care arrangements.
Risk Radar
Scan points- 1The most common mistake is failing to provide sufficient evidence demonstrating why the Special Care Order is no longer appropriate for the child.
- 2Incomplete form may lead to delays in court processing
- 3Missing supporting evidence could weaken your application
- 4Incorrect information about the child's current situation
- 5Failure to properly notify all relevant parties
Plain English
This form helps you ask the court to end a Special Care Order and replace it with a Care Order. Special Care Orders are for children with serious behavioral or mental health needs, while Care Orders provide protection and care arrangements for children at risk.
Submission Date
- Filing date: There is no fixed deadline for this form, but it should be submitted as soon as there are valid grounds to discharge the Special Care Order. The court will set timelines once the application is filed.
- 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 when a child is currently under a Special Care Order but needs different care arrangements
- Use when a Special Care Order was made based on circumstances that have significantly changed
- Use when a child needs ongoing protection but no longer requires the intensive supervision of a Special Care Order
- Use when transitioning a child from a Special Care Order to a less restrictive Care Order
- Do not use for initial applications for care orders - use Form 84 instead
Form selector
Use this form or another form?
Initial application for a Care Order
For first-time care orders, not for changing existing orders
✓ Check if this is your first application or a modification of an existing order
Application to vary an existing Care Order
For modifying terms of an existing Care Order, not for changing order types
✓ Determine if you're changing the order type or just its terms
Application to discharge a Care Order
For ending a Care Order entirely, not replacing it with another type
✓ Confirm you want to replace the order, not end it
Urgent application for Special Care Order
For emergency situations requiring immediate intervention
✓ Ensure this is not an urgent matter requiring expedited processing
Application for Supervision Order
For less intensive court supervision than a Care Order
✓ Consider if a Care Order is more appropriate than a Supervision Order
Deadline or filing window
There is no fixed deadline for this form, but it should be submitted as soon as there are valid grounds to discharge the Special Care Order. The court will set timelines once the application is filed.
Before you submit
- 1Complete all sections of the form with accurate information
- 2Attach supporting evidence demonstrating why the Special Care Order should be discharged
- 3Include the child's current care plan and assessment
- 4Verify all parties to the application have been properly identified
- 5Prepare copies of the form and supporting documents for all relevant parties
- 6Check that the application is being submitted to the correct court
- 7Ensure proper methods for serving documents on all parties will be used
How to file this form
- 1Obtain the correct version of Form 84.40L from the Courts Service website or court office
- 2Complete the form with all required information about the child and current circumstances
- 3Gather supporting evidence and documentation for your application
- 4Make copies of the completed form and all supporting documents
- 5Submit the original form to the appropriate court office or through the electronic filing system
- 6Arrange for proper service of copies on all relevant parties as required by court rules
- 7Keep copies of all submitted documents and proof of filing for your records
Known limitations
- 1This form cannot be used to apply for an initial Special Care Order or Care Order
- 2The court may require additional information not covered by this form
- 3Electronic filing options may not be available for all court locations
- 4The form does not replace the need for legal advice in complex cases
- 5Court processing times can vary significantly and are not guaranteed
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.
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Fillable formOpen in Editor->This form is current as of the Child Care Act 1991, but court procedures and forms may be updated. Check the Courts Service website for the most recent version before filing.
What changed or needs a fresh check
- Verify you're using the most recent version of Form 84.40L from the Courts Service website
- Check if recent amendments to the Child Care Act 1991 affect this form
- Confirm court filing procedures haven't changed recently
- Ensure electronic filing options are still available if planning to submit online
- Check if any additional documentation requirements have been added
Quick Facts
Form Details
- Revision date
- 18/10/25
Downloads & source
Sources
- SRCForm name and number: Courts Service of Ireland
- SRCIssuing agency: Courts Service of Ireland (COURTS)
- SRCLegal basis: Child Care Act 1991
- SRCPurpose: Discharge Special Care Order and make Care Order
- SRCNot confirmed in official source: Specific court locations accepting electronic filing
- SRCNot confirmed in official source: Current processing times
- SRCNot confirmed in official source: Most recent version date
- SRCNot confirmed in official source: Specific documentation requirements
Common confusion points
Confusing this form with Form 84 for initial care order applications
Unclear about what constitutes sufficient grounds to discharge a Special Care Order
Not understanding the difference between a Special Care Order and a Care Order
Uncertain about which court has jurisdiction over the application
Confusion about proper service requirements for all parties
Not realizing the child's views must be considered in the application
Misunderstanding the timeline for court processing and decisions
Unclear about what supporting documentation is required
Source transparency
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