Apply for guardianship
File proof of service
Before you start
Most applications for guardianship, custody and access are made in the District Court. In more complex cases, an application may be made in the Circuit Court or the High Court. Each court has its own rules.
What these steps cover
These steps explain how to apply in the District Court for:
- Guardianship
- Custody
- Access
- Dispensing with a guardian’s consent for the issue of a passport
Who is involved
- The person making an application is the applicant.
- The person receiving an application is the respondent.
Fees
The Courts Service does not charge a fee for making Family Law applications. If you choose to use a legal representative or a mediator, you should discuss their fees with them.
Get advice and consider mediation
All information is for guidance only. Always check legislation and court rules to ensure your application is correct.
You may wish to get legal advice and consider mediation services before applying.
Choose and complete the right form
To apply for an Arrangements for Children order you must complete an application form.
To apply for a new order, complete an Application in Relation to Arrangements for Children form.
To apply to vary or discharge an existing order, complete an Application to Vary or Discharge an Order Related to Arrangements for Children form. (“Discharge” means asking the court to end the order; “vary” means asking the court to change it.)
Important: Download and open the forms using Adobe Acrobat Reader.
Your next steps
- Fill out the relevant application form. Make sure you have provided all the information requested.
- If you need to add additional dependent children to the application, complete the Additional Child Details form and attach it to your application form.
Submit your documents to the court
You can apply to the District Court office in the area where you or the respondent lives or works.
Find your local District Court area
Find your Courts Service office
If you are unsure where to make your application, contact your local District Court office for information. If the matter is urgent and cannot be heard in your own area, a judge in a different District Court area may be able to hear it. Let court office staff know if your application is urgent.
What to file
- File three exact copies of your completed application form with the court office:
- One copy for the court file
- One copy to be served on the respondent
- One copy for your records
How to file
You can file by post or in person. Some court offices offer appointments.
Note: The Dublin District Family Law Office (Dolphin House) operates an appointment-only service.
After you file
If your documents are in order, Courts Service staff will assign a hearing date and issue a Notice with the hearing details.
Serve the respondent (and any existing guardians)
A Courts Service staff member will return two copies of the Notice and your application form to you. You must serve one set on the respondent. If there are existing guardians, they may also need to be served. Keep the other set for your records.
How to serve
- Registered post, or
- Personal service (handing the documents to the person)
Serve the documents as early as possible and at least 14 days before the court hearing date.
If you cannot serve the respondent
If it is not possible to serve by registered post or personal service, you can apply to the court for substituted service. A judge will decide if another method is acceptable (for example, ordinary post, email or other electronic means).
Keep proof
Keep your postal receipts or any delivery confirmations. In the next step you will complete a Statutory Declaration of Service and file it with the court.
Lodge your Statutory Declaration of Service
You must file your Statutory Declaration of Service in the court office. Do this as early as possible and at least 2 days before the court hearing date.
How to file
You can file by post or in person at the relevant court office.
Find your Courts Service office | Book an appointment online
What happens next
If your documents are in order, your application will be listed for court and the hearing will be confirmed.
Important: If the Statutory Declaration of Service is not filed in time, the court hearing will not go ahead.
What to expect at the hearing
You must attend court on the date, time and place set out in your notice (or application). The hearing will be held in private. The respondent may also attend.
When the case is called, you will present your case to the judge.
What to bring
- Any documents that support your case (for example, the child’s birth certificate, letters from school or healthcare providers, proof of day-to-day care, or other relevant evidence).
- Copies of your filed application and any supporting documents.
What happens at the hearing
Both you and the respondent will have an opportunity to give evidence and to ask the other party questions about their evidence. The judge may also ask questions. After hearing all of the evidence, the judge will make a decision on the application. This decision is a court order.
If you do not attend
The judge may strike out the case. This means it will not go ahead and you may have to start the process again.
If the respondent does not attend
The case may proceed without them and the judge can make an order in their absence.
More information on preparing for family law court
If there are children involved
Where children are involved, the judge may seek information about their welfare, safety, health and care. If a child is of sufficient age and maturity, their views may also be considered. The judge may direct an expert report if needed.
Your order and next steps
At the hearing, the judge will make a decision on your application. The judge’s decision is called a court order.
Getting your order
The court office will finalise the order and send a copy to you and to the respondent (or your solicitors) as soon as it is ready. You should receive it within four weeks of the hearing.
If you do not receive the order within this time, contact the court office.
If you disagree with the decision
You have the right to appeal. If you wish to appeal, you must file your appeal documents within 14 days of the court hearing.
More information about appealing a District Court order
If the order is not followed
If the court order is not complied with, consider getting legal advice. You can also contact the court office where the order was made for guidance on next steps.
