Most applications for guardianship, custody and access are made in the District Court. In some situations, relating to more complex cases, an application can be made in the Circuit Court or the High Court. Each court has its own rules on how to apply for a court order.
To make an application to the District Court there are a number of steps to take. The information provided here relates to District Court applications for guardianship, custody, access and to dispense with the consent of a guardian for the issue of a passport.
The person making an application is called the applicant. The person receiving an application is called the respondent.
The Courts Service does not charge a fee for making Family Law applications. You should discuss fees with your legal representative, or mediator if you choose to use their services.
All information is for guidance only. Always check legislation and court rules to ensure your application is correct. You might want to get legal advice to better understand what's involved.
You can apply to the District Court office in the area where you or the respondent lives or works.
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Consider mediation and legal advice
You and the respondent can agree on arrangements for your children. A judge will consider any agreement as part of a court application. Before applying to court, you should consider mediation and decide on getting professional legal advice or representing yourself.
Decide where to make your application
You can apply to the District Court office in the area where you or the respondent lives or works. If your application is urgent, let court office staff aware as it night be possible that your application can be heard in a different District Court area
Complete and file an application form
To apply for an arrangements for children order, you will need to complete an application form and file it in the court office.
Serve the Respondent and provide proof of service
You must send a copy of the notice and application form to the respondent. This process is called serving. You will also need to provide proof of service to the court. This is done by completing a statutory declaration of service.
File Proof of Service
You must file a Statutory Declaration of Service in the court office. If all documents are in order, the application will be listed for court and the court hearing will be confirmed.
Attend court hearing
Both you and the respondent should attend court for the case to be heard by a judge. The judge will hear evidence from both of you and make a decision. The judge's decision is called a court order.
Receive a court order
After the court hearing, both you and the respondent will receive a copy of the court order as soon as it is ready.