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District Court Rules

Schedule: C - Forms in civil proceedings

Form: 58.41 Notice of application under section 11E for custody - Guardianship of Infants Act 1964

S.I. No. 17 of 2016
No. 58.41

SCHEDULE C
O. 58, r. 5(3)

Guardianship of Infants Act 1964

Notice of application under section 11E for custody


District Court Area of

District No.

................ Applicant

................ Respondent(s)

TAKE NOTICE that application will be made at the sitting of the District Court to be held at ........... on the ... day of ....... 20... at ..... a.m./p.m. under section 11E of the Act in respect of ............ born on ....., .......... born on ......... (a) child(ren) residing at ....... by the above-named applicant of ...... in the court *(area and)district aforesaid, being

*a person who is a relative of the said child(ren), namely *his/*her/ *their ............

*[a person with whom the said child(ren) resides and the applicant

      (i) is or was married to or in a civil partnership with, or has been, for a period of over 3 years, the cohabitant of the parent of the child(ren), and

      (ii) has, for a period of more than 2 years, shared with that parent responsibility for the child(ren)’s day-to-day care]

*[a person with whom the said child(ren) resides and the applicant
      (i) is an adult who has, for a continuous period of more than 12 months, provided for the child(ren)’s day-to-day care, and

      (ii) the child(ren)* has/*have no parent or guardian who is willing or able to exercise the rights and responsibilities of guardianship in respect of the child(ren)]

for an order giving the applicant custody of the said child(ren).

*As necessary, an order dispensing with the consent of any guardian of the said child(ren) to the making of such order.

Dated this ... day of ...... 20...

Signed ...............
Applicant/Solicitor for the Applicant

To: District Court Clerk at .........

To ........ of ............

*Delete inapplicable words