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 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.
Risk Radar
- The most common mistake is not providing enough specific evidence about potential harm to the child.
- Insufficient evidence to support the claim that access would be harmful
- Incorrectly identifying the court with jurisdiction
- Missing required signatures or witness attestations
- Failing 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
- 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.
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
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Emergency protection situation | Form related to emergency protection orders | Different legal standard and timeframe | Check if immediate protection is needed before proceeding |
| Access dispute without harm concerns | Form 10A (Access Application) | Different legal threshold and requirements | Confirm there are no safety concerns with access |
| International access issues | Form with international jurisdiction elements | Different legal procedures and enforcement | Verify if international elements are involved |
| Seeking to modify existing access order | Form for variation of existing orders | Different legal process based on existing court decision | Check if there is an existing access order in place |
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
- • Ensure all sections of the form are completed with accurate information
- • Include specific details about why access should be refused
- • Gather all supporting evidence of potential harm to the child
- • Verify you have the correct court address and filing fees
- • Prepare copies for all parties who need to be served
- • Check if any additional local court forms are required
- • Confirm you understand the next steps after filing
How to file this form
- 1Complete the Form 84.49 with all required information about the child and access situation
- 2Gather supporting evidence demonstrating why access should be refused
- 3Determine the appropriate court based on location and jurisdiction
- 4Pay any required court fees or obtain a fee exemption certificate
- 5File the form at the appropriate court office or through the online portal
- 6Ensure proper service on all relevant parties according to court rules
- 7Attend any required court hearings or appointments
Known limitations
- • The court must be satisfied that access would be harmful to the child's welfare
- • This form does not automatically prevent access; it requires court authorization
- • The process may not provide immediate protection in emergency situations
- • Courts may consider alternative arrangements rather than complete refusal of access
- • The form cannot be used to resolve disputes over custody or guardianship
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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.
Agency: Courts Service of Ireland
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
Form Details
- Agency
- Courts Service of Ireland
- Category
- Family Law Forms
- Source
- Court Forms ↗
- Revision Date
- 18/10/25
Downloads
Form 84.49 – Order Authorising Refusal To Allow Access To A Child - Child Care Act, 1991 Section 37 (3) (A)
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After you file
- • Keep copies of all filed documents and proof of service
- • Prepare for any court hearings or meetings
- • Continue documenting any relevant incidents that support your position
- • Follow up with the court if you haven't received acknowledgment within the expected timeframe
- • Be prepared for requests for additional information or evidence
- • Consider seeking legal advice if the case becomes complex
Source and verification log
- • Form number: 84.49 - Courts Service of Ireland
- • Legal basis: Child Care Act, 1991 Section 37(3)(A)
- • Issuing agency: Courts Service of Ireland
- • Purpose: Authorizing refusal of access to a child
- • Not confirmed in official source: Specific court fees
- • Not confirmed in official source: Current processing times
- • Not confirmed in official source: Required supporting documentation details
- • Not confirmed in official source: Electronic filing availability
Common confusion points
8 things to watch for
- 1
Confusing this form with standard access application forms
- 2
Not understanding that the court must find potential harm to the child
- 3
Misidentifying which court has jurisdiction over the case
- 4
Failing to properly serve all relevant parties
- 5
Not providing sufficient evidence of potential harm
- 6
Confusing access refusal with custody arrangements
- 7
Not understanding the difference between emergency and non-emergency applications
- 8
Assuming this form provides immediate protection without court approval
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