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Form 84.40O – Care Order - Child Care Act 1991, Section 23F (1) (As Inserted By Section 16 Of The Children Act 2001)

Form 84.40O is used to apply for a care order under Section 23F(1) of the Child Care Act 1991, as amended by the Children Act 2001. This form is used when the court needs to make decisions about the care and protection of a child.

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Form Overview

Form 84.40O – Care Order - Child Care Act 1991, Section 23F (1) (As Inserted By Section 16 Of The Children Act 2001)

Form 84.40O is used to apply for a care order under Section 23F(1) of the Child Care Act 1991, as amended by the Children Act 2001. This form is used when the court needs to make decisions about the care and protection of a child.

The form captures information about the child's circumstances, reasons why a care order is being sought, and details about the proposed care arrangements.

Risk Radar

  • Using an outdated version of the form is the most common mistake that can lead to rejection.
  • Incomplete information about the child's current situation
  • Missing supporting evidence or assessments
  • Incorrect legal citations or references
  • Failure to consider the child's views and wishes

Plain English

This form helps the court decide what's best for a child who may need protection or special care. It's part of Ireland's child protection system that looks out for children's welfare when their family can't provide proper care.

Submission Date

  • Care order applications should be submitted as soon as concerns about a child's welfare arise. There is no fixed deadline, but delays in submitting may affect the child's safety and the court's ability to intervene promptly.
  • 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 when seeking a care order under Section 23F(1) specifically
  • For emergency protection situations requiring immediate court intervention
  • When less intrusive interventions have been considered but are insufficient
  • When the child's safety is at risk in their current care environment

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Emergency protection situationForm 84.40PFor immediate protection when delay could harm the childCheck if the situation requires immediate action
Voluntary care arrangementForm 84.40AFor situations where parents agree to care without court orderConfirm the parents' willingness to consent
Supervision order applicationForm 84.40BWhen the child needs monitoring but can remain at homeAssess if home supervision would be appropriate
Special care order applicationForm 84.40CFor children with complex needs requiring specialized careEvaluate if specialized care is necessary
Guardianship applicationForm 84.40DWhen assigning legal responsibility to a guardianDetermine if guardianship is the appropriate legal mechanism

Deadline or filing window

Care order applications should be submitted as soon as concerns about a child's welfare arise. There is no fixed deadline, but delays in submitting may affect the child's safety and the court's ability to intervene promptly.

Before you submit

  • Complete all sections of the form with accurate information
  • Include the child's full details and current address
  • Attach all relevant assessments and reports
  • Verify the correct court location for submission
  • Check that you're using the latest version of the form
  • Prepare copies for all parties involved in the case

How to file this form

  1. 1Obtain the correct version of Form 84.40O from the Courts Service
  2. 2Complete all sections with detailed information about the child and circumstances
  3. 3Gather supporting documents and assessments
  4. 4Submit the completed form to the appropriate court office
  5. 5Serve copies on all relevant parties as required by court rules
  6. 6Attend any preliminary hearings scheduled by the court

Known limitations

  • This form cannot be used for emergency protection orders
  • The form requires detailed information about the child's current situation
  • Legal representation may be necessary for complex cases
  • The court must be satisfied that the child's welfare requires a care order

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Current Form Status

This form is current as of the Children Act 2001 amendments. Always verify you're using the latest version from the Courts Service website.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify you're using the version amended by the Children Act 2001
  • Check for any recent updates to the form on the Courts Service website
  • Ensure all references to legal sections are current
  • Confirm the form format matches current court requirements

Quick Facts

This form is typically completed by social workers, guardians ad litem, or legal representatives on behalf of a child who may need a care order.
The form captures information about the child's circumstances, reasons why a care order is being sought, and details about the proposed care arrangements.
This form should be submitted when there are concerns about a child's welfare that cannot be addressed through voluntary arrangements or less court intervention.
Submit this form to the relevant District Court or Family Court dealing with child care proceedings. Check with your local court office for specific submission procedures.
Submitting this form correctly ensures the court has all necessary information to make decisions in the child's best interests. Errors or delays could affect the timing and outcome of care proceedings.
Complete all sections with accurate information about the child and family circumstances. Attach any relevant reports or assessments. Submit the completed form to the appropriate court office, keeping a copy for your records.

Form Details

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

Form 84.40O – Care Order - Child Care Act 1991, Section 23F (1) (As Inserted By Section 16 Of The Children Act 2001)

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After you file

  • Keep copies of all submitted documents
  • Attend all court hearings as scheduled
  • Monitor any court decisions and follow up on required actions
  • Maintain communication with social services and other involved parties
  • Document any changes in the child's circumstances

Source and verification log

  • Form issued by Courts Service of Ireland
  • Based on Child Care Act 1991, Section 23F(1)
  • Amended by Children Act 2001, Section 16
  • Not confirmed in official source: specific submission procedures
  • Not confirmed in official source: current processing times
  • Not confirmed in official source: exact format requirements

Common confusion points

7 things to watch for

  • 1

    Confusion between different types of care orders and their appropriate applications

  • 2

    Uncertainty about which court has jurisdiction for the case

  • 3

    Misunderstanding about the level of evidence required

  • 4

    Confusion about the role of different professionals involved

  • 5

    Unclear about timeframes for court proceedings

  • 6

    Difficulty understanding legal terminology used in the form

  • 7

    Uncertainty about how the child's views should be represented

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