Changes to applying in relation to arrangements for children
On 3 June 2025 new application forms come into effect. Please be aware that old forms will not be accepted after 3 June. New forms can be accessed on our website from 30 May. Please ensure you are using the correct forms that are currently available on our website.
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.
Consider mediation and legal advice
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.
Complete an application form
To apply for an arrangements for children order you must complete an application form.
To apply for a new order, you must fill out an Application in relation to arrangements for children form.
To apply to vary or discharge an existing order, you must fill out an Application to vary or discharge an order related to arrangements for children form.
What these terms mean:
- Discharge an order means to request the court to end or terminate the order, releasing the parties from their obligations.
- Vary an order means to request the court to change or modify a previous court order.
Important: Download and open the form 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, complete the Additional child details form and attach it to your application form.
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 for information. If the matter is urgent and cannot be heard in your District Court area, a judge in a different District Court area might be able to hear your application. Make court office staff aware of the urgency.
Once you have decided on your court location:
- File three exact copies of the application form in the court office. One copy will be held on the court file, one copy is to be served on the respondent, and one copy will be returned to you for your records.
- You can file your application by post or in person. Some court offices have an appointment booking service if you wish to attend in person.
Note: If your local office is the Dublin District Family Law Office (also known as Dolphin House), it offers service by appointment only.
- If the application form has been completed correctly, a member of Courts Service staff will assign a hearing date for your application 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.
Note: If the Statutory Declaration of Service is not filed in time, the court hearing will not go ahead.
Attend 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, they might also want to take their views on board. To get this information, the judge might decide that they need a report from an expert.
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 decision of the judge. If you wish to appeal the decision, 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 might want to get legal advice. You can also contact the court office where the order was made.
