IECOURTSFamily Law Forms

Official form guide

Form 84.49 – Order Authorising Refusal To Allow Access To A Child - Child Care Act, 1991 Section 37 (3) (A)

Form 84.49 is a court application seeking authorization to refuse access to a child under Section 37(3)(A) of the Child Care Act, 1991. It is used when a person believes that allowing access to a child would be harmful to the child's welfare.

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Form Overview

Courts Service of Ireland - Form 84.49 – Order Authorising Refusal To Allow Access To A Child - Child Care Act, 1991 Section 37 (3) (A)

Form 84.49 is a court application seeking authorization to refuse access to a child under Section 37(3)(A) of the Child Care Act, 1991. It is used when a person believes that allowing access to a child would be harmful to the child's welfare.

The form captures information about the child, the person seeking access, reasons why access should be refused, and evidence supporting the claim that access would be harmful to the child.

Risk Radar

Scan points
  • 1The most common mistake is not providing enough specific evidence about potential harm to the child.
  • 2Insufficient evidence to support the claim that access would be harmful
  • 3Incorrectly identifying the court with jurisdiction
  • 4Missing required signatures or witness attestations
  • 5Failing to properly serve the application on all relevant parties

Plain English

This form helps you ask a court for permission to prevent someone from seeing or spending time with a child. You would use this if you believe allowing access could put the child at risk of harm or negatively affect their wellbeing.

Submission Date

  • Filing date: There is no standard deadline for this form as it's typically used when immediate concerns arise. However, applications should be filed as soon as possible when safety concerns exist, as courts may prioritize cases involving potential harm to children.
  • 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 when you need court permission to refuse access to protect a child from harm
  • Use when access arrangements cannot be resolved through mediation or agreement
  • Use when there are immediate concerns about a child's safety with the access person
  • Use when standard access orders are not sufficient to address specific risks
  • Do not use for routine access disputes that can be resolved through agreement

Form selector

Use this form or another form?

Emergency protection situation

Different legal standard and timeframe

✓ Check if immediate protection is needed before proceeding

Form related to emergency protection orders

Access dispute without harm concerns

Different legal threshold and requirements

✓ Confirm there are no safety concerns with access

Form 10A (Access Application)

International access issues

Different legal procedures and enforcement

✓ Verify if international elements are involved

Form with international jurisdiction elements

Seeking to modify existing access order

Different legal process based on existing court decision

✓ Check if there is an existing access order in place

Form for variation of existing orders

Deadline or filing window

There is no standard deadline for this form as it's typically used when immediate concerns arise. However, applications should be filed as soon as possible when safety concerns exist, as courts may prioritize cases involving potential harm to children.

Before you submit

  1. 1Ensure all sections of the form are completed with accurate information
  2. 2Include specific details about why access should be refused
  3. 3Gather all supporting evidence of potential harm to the child
  4. 4Verify you have the correct court address and filing fees
  5. 5Prepare copies for all parties who need to be served
  6. 6Check if any additional local court forms are required
  7. 7Confirm you understand the next steps after filing

How to file this form

  1. 1Complete the Form 84.49 with all required information about the child and access situation
  2. 2Gather supporting evidence demonstrating why access should be refused
  3. 3Determine the appropriate court based on location and jurisdiction
  4. 4Pay any required court fees or obtain a fee exemption certificate
  5. 5File the form at the appropriate court office or through the online portal
  6. 6Ensure proper service on all relevant parties according to court rules
  7. 7Attend any required court hearings or appointments

Known limitations

  1. 1The court must be satisfied that access would be harmful to the child's welfare
  2. 2This form does not automatically prevent access; it requires court authorization
  3. 3The process may not provide immediate protection in emergency situations
  4. 4Courts may consider alternative arrangements rather than complete refusal of access
  5. 5The form cannot be used to resolve disputes over custody or guardianship

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 form remains in active use under the Child Care Act, 1991, though specific procedures may vary by court region. Always check with the local court office for the most current requirements.

What changed or needs a fresh check

  • Verify you have the most current version of Form 84.49 from the Courts Service website
  • Check that all references to the Child Care Act, 1991 Section 37(3)(A) are still current
  • Confirm any recent changes to required supporting documentation
  • Ensure court fees and payment methods are up to date
  • Check if electronic filing options have been expanded

Quick Facts

This form is typically submitted by a parent, guardian, or other person with care of a child who wishes to prevent access to that child by another person.
The form captures information about the child, the person seeking access, reasons why access should be refused, and evidence supporting the claim that access would be harmful to the child.
This form should be submitted when there are immediate concerns about a child's safety or wellbeing related to access arrangements, and when other access dispute resolution methods have failed or are inappropriate.
The form should be filed with the relevant District Court, Family Court, or Circuit Court in Ireland, depending on the specific circumstances and location. It may also be possible to file through the Courts Service online portal where available.
Submitting this form correctly is crucial as it directly impacts the rights of both the child and the person seeking access. Errors or delays could result in the child remaining in potentially harmful situations or being denied access without proper legal justification.
Complete all sections of the form with accurate information about the child and the access situation. Provide specific details about why access should be refused and gather any supporting evidence. Submit the completed form to the appropriate court office, ensuring you keep a copy for your records.

Form Details

Revision date
18/10/25

Downloads & source

Fill Form Form 84.49 – Order Authorising Refusal To Allow Access To A Child - Child Care Act, 1991 Section 37 (3) (A)

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Sources

  • SRCForm number: 84.49 - Courts Service of Ireland
  • SRCLegal basis: Child Care Act, 1991 Section 37(3)(A)
  • SRCIssuing agency: Courts Service of Ireland
  • SRCPurpose: Authorizing refusal of access to a child
  • SRCNot confirmed in official source: Specific court fees
  • SRCNot confirmed in official source: Current processing times
  • SRCNot confirmed in official source: Required supporting documentation details
  • SRCNot confirmed in official source: Electronic filing availability

Common confusion points

Confusing this form with standard access application forms

Not understanding that the court must find potential harm to the child

Misidentifying which court has jurisdiction over the case

Failing to properly serve all relevant parties

Not providing sufficient evidence of potential harm

Confusing access refusal with custody arrangements

Not understanding the difference between emergency and non-emergency applications

Assuming this form provides immediate protection without court approval

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