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 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.
Risk Radar
- The most common mistake is not providing enough evidence to demonstrate the immediate risk to the child's welfare.
- Incomplete or inaccurate information about the child's situation
- Failure to provide sufficient evidence of risk to the child
- Incorrect legal citations or references to the Child Care Act
- Missing 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
- 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.
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
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Routine child welfare concerns | Form 10 (Application for Care Order) | Different legal process with different requirements | Check if the situation requires immediate action or can follow standard procedures |
| Voluntary care arrangements | No specific form required | Different legal basis requiring consent | Check if the parents/guardians are willing to voluntarily place the child with the Health Board |
| Long-term care orders | Form 10 (Application for Care Order) | Different legal process with different timeframes and requirements | Check if this is a temporary emergency measure or a long-term care arrangement |
| Adoption proceedings | Form 1 (Adoption Application) | Different legal process entirely | Check if the goal is protective custody or permanent adoption |
| International child abduction | Form 84.53 (Notice of application for return of child) | Different legal process under the Hague Convention | Check if the child has been removed from Ireland or another country |
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
- • All sections of the form are completed accurately
- • Supporting evidence of risk to the child is attached
- • Form is signed by authorized Health Board representative
- • Correct court location for filing has been identified
- • All relevant parties have been properly notified
- • Court fees (if applicable) have been paid
- • Copies of the form have been made for all parties
How to file this form
- 1Complete the form with all required information about the child and the reasons for application
- 2Gather supporting evidence demonstrating the risk to the child
- 3Have the form signed by an authorized representative of the Health Board
- 4File the completed form with the relevant District Court
- 5Ensure proper service of the notice on all relevant parties
- 6Attend any required court hearings
- 7Follow up with the court regarding the application status
Known limitations
- • This form only applies to emergency protective custody under Section 43(2)
- • The court must be satisfied that the child is at risk of significant harm
- • The order is typically temporary and may lead to further legal proceedings
- • The form does not replace the need for proper assessment and evidence
- • The Health Board must continue to justify the need for custody
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✦ Open in AI EditorCurrent Form Status
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).
Agency: Courts Service of Ireland
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
Form Details
- Agency
- Courts Service of Ireland
- Category
- Family Law Forms
- Source
- Court Forms ↗
- Revision Date
- 18/10/25
Downloads
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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After you file
- • Keep records of all communications with the court
- • Monitor the child's welfare while in protective custody
- • Prepare for any subsequent court hearings
- • Document any changes in the child's situation
- • Comply with any reporting requirements from the court
- • Seek legal advice regarding next steps in the case
Source and verification log
- • Form issued by Courts Service of Ireland
- • Based on Section 43(2) of the Child Care Act, 1991
- • Used for applications for protective custody by Health Boards
- • Filed in District Court
- • Not confirmed in official source: specific court fees
- • Not confirmed in official source: exact time limits for emergency applications
- • Not confirmed in official source: required supporting documentation
- • Not confirmed in official source: recent amendments to the form
Common confusion points
7 things to watch for
- 1
Confusing this form with standard care order applications
- 2
Not understanding the temporary nature of Section 43(2) orders
- 3
Misunderstanding who can authorize this application
- 4
Uncertainty about what constitutes 'significant harm'
- 5
Confusion about proper court procedures for emergency applications
- 6
Not knowing what evidence is required to support the application
- 7
Misunderstanding the notification requirements for all parties
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