Official form guide
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.
Need help with Form Form 84.40O – Care Order - Child Care Act 1991, Section 23F (1) (As Inserted By Section 16 Of The Children Act 2001)?
Open it in the AI Editor for field guidance, checks, and PDF export.
Form Overview
Courts Service of Ireland - 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.
Risk Radar
Scan points- 1Using an outdated version of the form is the most common mistake that can lead to rejection.
- 2Incomplete information about the child's current situation
- 3Missing supporting evidence or assessments
- 4Incorrect legal citations or references
- 5Failure 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
- Filing 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.
AI co-pilot
Fill it faster. Catch mistakes before you file.
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
Form selector
Use this form or another form?
Emergency protection situation
For immediate protection when delay could harm the child
✓ Check if the situation requires immediate action
Voluntary care arrangement
For situations where parents agree to care without court order
✓ Confirm the parents' willingness to consent
Supervision order application
When the child needs monitoring but can remain at home
✓ Assess if home supervision would be appropriate
Special care order application
For children with complex needs requiring specialized care
✓ Evaluate if specialized care is necessary
Guardianship application
When assigning legal responsibility to a guardian
✓ Determine 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
- 1Complete all sections of the form with accurate information
- 2Include the child's full details and current address
- 3Attach all relevant assessments and reports
- 4Verify the correct court location for submission
- 5Check that you're using the latest version of the form
- 6Prepare copies for all parties involved in the case
How to file this form
- 1Obtain the correct version of Form 84.40O from the Courts Service
- 2Complete all sections with detailed information about the child and circumstances
- 3Gather supporting documents and assessments
- 4Submit the completed form to the appropriate court office
- 5Serve copies on all relevant parties as required by court rules
- 6Attend any preliminary hearings scheduled by the court
Known limitations
- 1This form cannot be used for emergency protection orders
- 2The form requires detailed information about the child's current situation
- 3Legal representation may be necessary for complex cases
- 4The court must be satisfied that the child's welfare requires a care order
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.
Almost done reviewing the fields?
Fillable formOpen in Editor->This form is current as of the Children Act 2001 amendments. Always verify you're using the latest version from the Courts Service website.
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
Form Details
- Revision date
- 18/10/25
Downloads & source
Sources
- SRCForm issued by Courts Service of Ireland
- SRCBased on Child Care Act 1991, Section 23F(1)
- SRCAmended by Children Act 2001, Section 16
- SRCNot confirmed in official source: specific submission procedures
- SRCNot confirmed in official source: current processing times
- SRCNot confirmed in official source: exact format requirements
Common confusion points
Confusion between different types of care orders and their appropriate applications
Uncertainty about which court has jurisdiction for the case
Misunderstanding about the level of evidence required
Confusion about the role of different professionals involved
Unclear about timeframes for court proceedings
Difficulty understanding legal terminology used in the form
Uncertainty about how the child's views should be represented
Source transparency
Copyright & Licensing — Irish Government Forms
BrieflyGo links to and explains official public form sources. We are not a government agency, and this page is for general form guidance, not legal advice.
Understand the agreement before you sign it.
Review risky clauses in plain English, fix the document, and keep it moving toward signature.