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District Court Rules

Schedule: C - Forms in civil proceedings

Form: 58.34 Order appointing nominated person to be a temporary guardian - Guardianship of Infants Act 1964, section 6E(5) (inserted by section 49 of the Children and Family Relationships Act 2015)

S.I. N0. 17 of 2016
No. 58.34

SCHEDULE C
O. 58, r. 4(3)

Guardianship of Infants Act 1964, section 6E(5) (inserted by section 49 of the Children and Family Relationships Act 2015)

Order appointing nominated person to be a temporary guardian


District Court Area of

District No.

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

............... Respondent

UPON APPLICATION made to this Court on this date by the above-named applicant, of ................ in the court (area and) district aforesaid, for an order under section 6E of the above-mentioned Act appointing ........... of .........., nominated person to be a temporary guardian of ........... born on ............., ........... born on ............, (a) child(ren) residing at ...... in lieu of ..........of ............ *in the court (area and) district aforesaid, qualifying guardian of said child(ren), on the grounds that the said qualifying guardian is incapable through serious illness or injury of exercising the rights and responsibilities of guardianship

THE COURT

being satisfied that notice of application herein has been duly served upon each guardian of the child(ren) concerned *and upon a parent of the child who is not the child’s guardian *and upon the said nominated person and upon the Child and Family Agency

Having heard the evidence offered and read the nomination

Having heard the views of *(the parent(s) of the child(ren) *(the guardian(s) of the child(ren) *including the said qualifying guardian) *(the nominated person) *(the Child and Family Agency)

Having ensured that the child(ren) concerned, to the extent possible given * his/*her/*their age and understanding, *has/*have the opportunity to make * his/*her/*their views on the matter known, and taking account of those views

Being satisfied that—

(a) the qualifying guardian is incapable through serious illness or injury of exercising the rights and responsibilities of guardianship,

(b) the nominated person is a fit and proper person to exercise the rights and responsibilities specified in section 6E(8)of the above-mentioned Act, and

(c) it is in the best interests of the child concerned for the nominated person to become the temporary guardian of the child(ren).

and being satisfied that the best interests of the child(ren) require the making of this Order;

HEREBY APPOINTS the said .............. to be temporary guardian of the said child(ren) pursuant to section 6E of the Act.

*And imposes the following limitations as the Court considers necessary in the best interests of the child(ren) on the exercise by the said temporary guardian of the rights and responsibilities of guardianship-
Rights and responsibilities of a guardian enjoyed by applicant appointed as guardianLimitations (if any)
*(a) to decide on the child(ren)’s place of residence
*(b) to make decisions regarding the child(ren)’s religious, spiritual, cultural and linguistic upbringing
*(c) to decide with whom the child(ren) is/are to live
*(d) to consent to medical, dental and other health related treatment for the child(ren), in respect of which a guardian’s consent is required
*(e) under-

*(i) section 2A(2) of the Firearms Act 1925;

*(ii) section 5 of the Protection of Young Persons (Employment) Act 1996;

*(iii) sections 50 and 50A of the International Criminal Court Act 2006;

*(iv) sections 79, 79A and 79B of the Criminal Justice (Mutual Assistance) Act 2008;

*(v) section 14 of the Passports Act 2008;

*(vi) the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014.

*(f) to place the child(ren) for adoption, and consent to the adoption of the child(ren), under the Adoption Act 2010
*And the Court imposes the following conditions pursuant to section 6E(6)(b) of the Act as the Court considers necessary in the best interests of the child(ren) relating to the periodic review by the Court of the appointment of the person as temporary guardian [specify conditions] *and for that purpose directs that the matter be listed before the Court sitting at .......... on the ...... day of ........ 20... at .... o’clock on notice to ...........

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

Signed .................
Judge of the District Court

*Delete inapplicable words