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Form 84.52 – Notice Of Application For An Order That Child Be Delivered Up To Custody Of The Health Board - Child Care Act, 1991 Section 43(2)

Form 84.52 is a legal notice used to apply for an order that a child be delivered into the custody of a Health Board under Section 43(2) of the Child Care Act, 1991. This form is used when a Health Board seeks to take protective custody of a child due to concerns about their welfare or safety.

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Form Overview

Courts Service of Ireland - Form 84.52 – Notice Of Application For An Order That Child Be Delivered Up To Custody Of The Health Board - Child Care Act, 1991 Section 43(2)

Form 84.52 is a legal notice used to apply for an order that a child be delivered into the custody of a Health Board under Section 43(2) of the Child Care Act, 1991. This form is used when a Health Board seeks to take protective custody of a child due to concerns about their welfare or safety.

The form captures information about the child, the reasons why the Health Board believes the child should be placed in their custody, and the legal basis for the application under Section 43(2) of the Child Care Act.

Risk Radar

Scan points
  • 1The most common mistake is not providing enough evidence to demonstrate the immediate risk to the child's welfare.
  • 2Incomplete or inaccurate information about the child's situation
  • 3Failure to provide sufficient evidence of risk to the child
  • 4Incorrect legal citations or references to the Child Care Act
  • 5Missing required signatures from authorized Health Board representatives

Plain English

This form helps Health Boards in Ireland legally request that a child be placed in their protective care when they believe the child is at risk. It's part of the legal process that allows authorities to step in to protect children who may not be safe in their current situation.

Submission Date

  • Filing date: Emergency applications under Section 43(2) typically require immediate submission when a child is at imminent risk, with no fixed deadline but prompt filing is essential to protect 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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Glossary Terms

Hover a term to preview the meaning.

What this form is for

  • Use when a Health Board needs immediate protective custody of a child
  • Use when there are reasonable grounds to believe a child is at risk of significant harm
  • Use when less intrusive interventions have been considered or attempted
  • Use when following the emergency provisions of Section 43(2) of the Child Care Act
  • Do not use for routine child welfare matters or non-urgent situations

Form selector

Use this form or another form?

Routine child welfare concerns

Different legal process with different requirements

✓ Check if the situation requires immediate action or can follow standard procedures

Form 10 (Application for Care Order)

Voluntary care arrangements

Different legal basis requiring consent

✓ Check if the parents/guardians are willing to voluntarily place the child with the Health Board

No specific form required

Long-term care orders

Different legal process with different timeframes and requirements

✓ Check if this is a temporary emergency measure or a long-term care arrangement

Form 10 (Application for Care Order)

Adoption proceedings

Different legal process entirely

✓ Check if the goal is protective custody or permanent adoption

Form 1 (Adoption Application)

International child abduction

Different legal process under the Hague Convention

✓ Check if the child has been removed from Ireland or another country

Form 84.53 (Notice of application for return of child)

Deadline or filing window

Emergency applications under Section 43(2) typically require immediate submission when a child is at imminent risk, with no fixed deadline but prompt filing is essential to protect the child's welfare.

Before you submit

  1. 1All sections of the form are completed accurately
  2. 2Supporting evidence of risk to the child is attached
  3. 3Form is signed by authorized Health Board representative
  4. 4Correct court location for filing has been identified
  5. 5All relevant parties have been properly notified
  6. 6Court fees (if applicable) have been paid
  7. 7Copies of the form have been made for all parties

How to file this form

  1. 1Complete the form with all required information about the child and the reasons for application
  2. 2Gather supporting evidence demonstrating the risk to the child
  3. 3Have the form signed by an authorized representative of the Health Board
  4. 4File the completed form with the relevant District Court
  5. 5Ensure proper service of the notice on all relevant parties
  6. 6Attend any required court hearings
  7. 7Follow up with the court regarding the application status

Known limitations

  1. 1This form only applies to emergency protective custody under Section 43(2)
  2. 2The court must be satisfied that the child is at risk of significant harm
  3. 3The order is typically temporary and may lead to further legal proceedings
  4. 4The form does not replace the need for proper assessment and evidence
  5. 5The Health Board must continue to justify the need for custody

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 is current and valid under the Child Care Act, 1991, though applicants should verify there have been no recent legislative changes affecting Section 43(2).

What changed or needs a fresh check

  • Verify the form references the current Child Care Act, 1991
  • Check that all court fee requirements are up to date
  • Confirm the correct court location for filing
  • Ensure any recent amendments to Section 43(2) are reflected
  • Check if any additional supporting documentation is now required

Quick Facts

This form is typically completed and submitted by legal representatives acting on behalf of a Health Board when they need to apply for protective custody of a child.
The form captures information about the child, the reasons why the Health Board believes the child should be placed in their custody, and the legal basis for the application under Section 43(2) of the Child Care Act.
This form should be submitted when a Health Board has reasonable grounds to believe a child is suffering or is at risk of suffering significant harm and needs immediate protective custody.
The completed form should be filed with the relevant District Court in the area where the child is located or where the application is being made.
Submitting this form correctly ensures the legal process for protecting a child follows proper procedures, which can be crucial for the child's safety and the Health Board's legal standing.
Complete all sections with accurate information about the child and the reasons for the application. Attach any supporting evidence or documentation that demonstrates the need for protective custody. File the completed form with the appropriate District Court and ensure all parties involved receive proper notification.

Form Details

Revision date
18/10/25

Downloads & source

Fill Form Form 84.52 – Notice Of Application For An Order That Child Be Delivered Up To Custody Of The Health Board - Child Care Act, 1991 Section 43(2)

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Sources

  • SRCForm issued by Courts Service of Ireland
  • SRCBased on Section 43(2) of the Child Care Act, 1991
  • SRCUsed for applications for protective custody by Health Boards
  • SRCFiled in District Court
  • SRCNot confirmed in official source: specific court fees
  • SRCNot confirmed in official source: exact time limits for emergency applications
  • SRCNot confirmed in official source: required supporting documentation
  • SRCNot confirmed in official source: recent amendments to the form

Common confusion points

Confusing this form with standard care order applications

Not understanding the temporary nature of Section 43(2) orders

Misunderstanding who can authorize this application

Uncertainty about what constitutes 'significant harm'

Confusion about proper court procedures for emergency applications

Not knowing what evidence is required to support the application

Misunderstanding the notification requirements for all parties

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