Official form guide
Form 84.40R – Notice Of Application For Order In Respect Of Private Foster Care Arrangement - Child Care Act 1991, Section 23U (As Inserted By Section 16 Of The Children Act 2001)
Form 84.40R is a legal form used to notify the court of an application for an order in respect of a private foster care arrangement under Section 23U of the Child Care Act 1991. This form is specifically for situations where a private foster care arrangement requires court approval.
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Form Overview
Courts Service of Ireland - Form 84.40R – Notice Of Application For Order In Respect Of Private Foster Care Arrangement - Child Care Act 1991, Section 23U (As Inserted By Section 16 Of The Children Act 2001)
Form 84.40R is a legal form used to notify the court of an application for an order in respect of a private foster care arrangement under Section 23U of the Child Care Act 1991. This form is specifically for situations where a private foster care arrangement requires court approval.
Risk Radar
Scan points- 1The most common mistake is not providing complete information about the child's current care situation and the reasons for the court application.
- 2Incomplete form sections leading to delays in processing
- 3Missing required documentation about the child or foster carer
- 4Incorrect information about the duration of the foster arrangement
- 5Failure to notify all relevant parties to the application
Plain English
This form is for people involved in private foster care arrangements who need to ask the court for an official order. Private foster care is when a child is cared for by someone who isn't their parent or close relative for more than 28 days.
Submission Date
- Filing date: There is no standard deadline for submitting this form, but it should be submitted as soon as the need for a court order regarding the private foster care arrangement is identified. Delays could impact the child's welfare.
- 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 this form when a private foster care arrangement requires court approval
- Use when the foster arrangement exceeds 28 days and doesn't meet exemption criteria
- Use when there are concerns about the suitability of the foster arrangement
- Use when seeking a formal order about the care of a child in private foster care
- Do not use for voluntary care arrangements under the Child Care Act 1991
- Do not use for arrangements covered by the Adoption Act 2010
Form selector
Use this form or another form?
Voluntary care arrangement under Child Care Act 1991
Different legal basis and requirements
✓ Check if the arrangement is voluntary or requires court order
Adoption application
Different legal process and requirements
✓ Confirm the arrangement is not for adoption
Adoption forms under Adoption Act 2010
Notification of private fostering
For notification only, not court application
✓ Determine if court approval is needed or just notification
Form 84.40 (Notice of Private Fostering)
Guardianship application
Different legal process and requirements
✓ Confirm if guardianship rather than foster care is needed
Form 14B (Application for Guardianship Order)
Care order application
Different legal basis and requirements
✓ Check if the child's welfare requires a care order
Form 10 (Application for Care Order)
Deadline or filing window
There is no standard deadline for submitting this form, but it should be submitted as soon as the need for a court order regarding the private foster care arrangement is identified. Delays could impact the child's welfare.
Before you submit
- 1Complete all sections of the form with accurate information
- 2Include details of the child, including name, date of birth, and address
- 3Provide full details of the foster carer and their relationship to the child
- 4Specify the exact order being sought from the court
- 5Attach any required supporting documents
- 6Sign and date the form
- 7Check that you have the correct court location for submission
- 8Make a copy of the completed form for your records
How to file this form
- 1Obtain the correct version of Form 84.40R from the Courts Service website or court office
- 2Complete all sections of the form with accurate and current information
- 3Gather any required supporting documents about the child and foster arrangement
- 4Submit the completed form to the appropriate District Court office
- 5Pay any required court fees (check current fee schedule)
- 6Keep a copy of the submitted form and any receipt for your records
- 7Attend any court hearing as required
Known limitations
- 1This form only applies to private foster care arrangements under Section 23U
- 2The form does not exempt from other legal requirements for foster carers
- 3Court approval does not guarantee the foster arrangement will continue
- 4The form may need to be accompanied by additional documentation depending on the specific circumstances
- 5The court may request additional information before making a decision
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->Form 84.40R is the current version for applications under Section 23U of the Child Care Act 1991. Always check the Courts Service website for the most recent version before submission.
What changed or needs a fresh check
- Verify you are using Form 84.40R (not an older version)
- Check that the form references the correct legislation (Child Care Act 1991 as amended)
- Confirm the form includes all required sections for Section 23U applications
- Ensure the form has been updated for any recent changes to child care legislation
- Check that the form includes current contact information for the Courts Service
Quick Facts
Form Details
- Revision date
- 18/10/25
Downloads & source
Sources
- SRCForm issued by Courts Service of Ireland
- SRCRelated to Child Care Act 1991, Section 23U
- SRCAmended by Children Act 2001, Section 16
- SRCSpecifically for private foster care arrangements requiring court approval
- SRCNot confirmed in official source: exact submission process details
- SRCNot confirmed in official source: current court fees
- SRCNot confirmed in official source: specific documentation requirements
- SRCNot confirmed in official source: processing timeframes
Common confusion points
Confusing private fostering with voluntary care arrangements
Not understanding when court approval is required versus when notification is sufficient
Uncertainty about who should submit the form (parent, foster carer, or other party)
Misunderstanding the legal effect of the court order being sought
Confusion about the difference between this form and other child care forms
Not knowing which court office to submit the form to
Uncertainty about what supporting documents are required
Confusion about the time limits for private fostering arrangements
Source transparency
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