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
Family Law decisions can have an impact on things such as maintenance, arrangements for your children, the family home, money, assets and pensions.
Before deciding to make a court application you should consider reaching an agreement with the help of a mediator or a solicitor.
Mediation can help to resolve any disputes you may have regarding maintenance. It is a confidential service. All mediators are neutral.
Mediation is not there to help couples reconcile. It is there to encourage you to cooperate and work out mutually acceptable arrangements. During mediation, you can meet with the mediator together or separately.
On average, mediation takes between three and six one-hour sessions.
If you have children, your mediator can ensure that the voice of the child is heard during the mediation process.
Your agreement can be changed or amended as needed. You will need to go to court to do this if, for example, your mediated agreement has been made a rule of court or forms part of a court order.
You might also want to get legal advice to understand your options. While the Courts Service cannot advise or represent people in court, we can inform you that services offered by a legal representative should include:
- advising you of your legal rights
- outlining how you might reach agreement
- preparing and filing your paperwork
- speaking on your behalf in court
You can decide to represent yourself in your law matter. If you decide to represent yourself, you will need to understand court procedures.
You may wish to get legal advice and consider mediation services before applying.
File your application
You can apply to the District Court office in the area where you or the respondent lives or works.
If you are unsure about where to make your application, contact your local District Court office. If the matter is urgent and cannot be heard in your own area, a judge in another District Court area may be able to hear your application. Let court office staff know if the matter is urgent.
Once you have decided on your court location:
- File three exact copies of the application form in the court office. One copy will be kept on the court file, one must be served on the respondent, and one will be returned to you for your records.
- You can file your application by post or in person. Some court offices require an appointment.
Note: If your local office is the Dublin District Family Law Office (Dolphin House), it operates by appointment only.
If your form has been completed correctly, court staff will assign a hearing date for your application and issue a Notice with the details.
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 provide proof of service
A member of Court Service staff will return two copies of the Notice and application form to you. One copy of the Notice and application form must be sent to the respondent. This is called serving. The documents can be served by registered post or by personal service. The documents should be provided to the respondent as early as possible but at least fourteen days before the court hearing date. You should keep the other copy for your own records.
If it is not possible to serve the respondent by registered post or by personal service, you can apply to the court for permission to serve in another way. This is called an application for substituted service. A judge will decide if another form of service is acceptable, such as by ordinary post, email or other electronic means.
You must then provide proof that the Notice and application form has been served on the respondent. This is called proof of service. To provide proof of service, you must fill out and declare a form called a Statutory Declaration of Service. This is a declaration verifying that the documents were served on the respondent. This form must be signed and declared in the presence of a solicitor (but not your own solicitor), a Commissioner for Oaths or a Peace Commissioner.
More information on serving an application and proof of service >
File proof of service
You must file the Statutory Declaration of Service in the court office. You should do this as early as possible but at least two days before the date of the court hearing. If the documents are in order, the application will be listed for court and the court hearing will be confirmed.
Please note: If the Statutory Declaration of Service is not filed in time, the court hearing will not go ahead.
Attend the court hearing
You must attend court at the date, time and place set out in the application. This will be for a court hearing which will be held in private. The respondent may also attend court on the date stated in the application.
When the case is heard, you will be required to make your case to the judge.
What to bring
You should bring any documents that support your case to the court with you.
What happens at the court hearing
Both you and the respondent will get an opportunity to give evidence to the court and ask the other party any questions about their evidence. The judge may also ask additional questions. After hearing all of the evidence, the judge will then make a decision on the application. This is called a court order.
If you fail to attend court, the case can be struck out by the judge. This means that the case will not go ahead and you will have to start the entire process again.
If the respondent fails to attend, the case may go ahead 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
In some cases where children are involved, a judge might want information about their welfare, safety, health and care. If a child is of sufficient age and maturity, the judge may also take their views into account. To get this information, the judge might decide that a report from an expert is required.
Receive a court order
At the court hearing, the judge will make a decision on the application. The judge's decision is called a court order.
The court office will finalise the court order and send it to you and the respondent, or your solicitors, as soon as it is ready.
You should receive this within four weeks of the case being heard. If you do not receive the court order within this time, contact the court office.
You have the right to appeal if you are not happy with the judge’s decision. If you wish to appeal, you must file your appeal documents within fourteen days of the court hearing.
More information about appealing a District Court order >
If a court order is not complied with, you may wish to get legal advice. You can also contact the court office where the order was made.
