The applicant must send a copy of the Notice and application form to the respondent. This is called serving the documents.
The court will also require proof that the respondent was served. This is called proof of service.
Who to serve
Guardianship applications
| Scenario | Act | Serve on |
|---|---|---|
| Appointment of a parent as a guardian | Section 6A | Other parent and any other guardian |
| Appointment of an adult married to/in civil partnership with a parent, sharing day-to-day care for 2 years | Section 6C | Each parent or guardian |
| Appointment of an adult cohabiting with a parent for 3 years, sharing care for 2 years | Section 6C | Each parent or guardian |
| Appointment of an adult providing day-to-day care for 12 months where no parent/guardian can act | Section 6C | Each parent or guardian and the CFA |
| Appointment where the children have no guardian | Section 8(1) | Ex parte |
| Appointment of a temporary guardian (Form 58.32 must also be served) | Section 6E(3) | Each person listed in Section 6E(4) |
| Appointment in place of a deceased guardian | Section 8(5) | Ex parte if no guardian or applicant is sole guardian; otherwise each guardian |
| Guardianship where no guardian appointed by deceased parent | Section 8(2) | As directed by the court; ex parte if by surviving parent |
| Guardianship where a deceased parent's appointed guardian has died or refuses to act | Section 8(2) | As directed by the court; ex parte if by surviving parent |
| Appointment where another guardian has been removed or is proposed to be removed | Section 8(5) | Ex parte if no guardian or applicant is sole guardian; otherwise each guardian |
Applications to remove a guardian
| Scenario | Act | Serve on |
|---|---|---|
| Application to remove a guardian | Sections 8(4) and 8(6) | Each guardian |
| Application by surviving or testamentary guardian to remove another | Section 7(4) | The surviving or testamentary guardian |
| Application to remove a temporary guardian | Section 6E(11) | Each person listed in Section 6E(10) |
Declarations about guardianship
| Scenario | Act | Serve on |
|---|---|---|
| Declaration that a person is a guardian | Section 6F(1) | Each person listed in Section 6F(3) and anyone else directed by the court |
| Declaration that a person is not a guardian | Section 6F(1) | Each person listed in Section 6F(3) and anyone else directed by the court |
Custody applications
| Scenario | Act | Serve on |
|---|---|---|
| Application by a guardian | Section 11 | Each parent or guardian |
| Application by a parent who is not a guardian | Section 11 | Each parent or guardian |
| Application by grandparent, sibling, aunt or uncle | Section 11E | Each guardian |
| Application by adult married to/in civil partnership with/cohabiting with parent for 3 years, sharing care for 2 years | Section 11E | Each guardian |
| Application by adult providing day-to-day care for 12 months | Section 11E | Each guardian |
Other custody applications
| Scenario | Act | Serve on |
|---|---|---|
| Enforcement order where custody is unreasonably denied | Section 18A(1) | Each parent and guardian |
| Reimbursement of expenses where the other party fails to exercise custody | Section 18C(1) | Each parent and guardian |
Serving the respondent
The most common ways to serve a Notice and application form on the respondent are:
1. By registered post
You can send the documents to the respondent’s last known home or work address. Keep the certificate of postage. Serve as early as possible, and at least 14 days before the hearing.
2. By personal service
You can hand the documents directly to the respondent, or use a summons server. Fees may apply. Serve as early as possible, and at least 14 days before the hearing.
3. By a method approved by the court
You can apply to the District Court for permission to serve by ordinary post, email, or another method. This is called an application for substituted service. If granted, serve at least 14 days before the hearing.
Proof of service
After serving the documents, you must file a Statutory Declaration of Service with the court office.
- It must be signed before a solicitor (not your own), Commissioner for Oaths, or Peace Commissioner.
- It must then be filed in the court office.
If served by registered post
Wait at least 10 days to ensure the documents are not returned undelivered. Attach the certificate of postage.
Statutory Declaration of Service – Registered Post
If served by personal service
The person who served the documents (you or a summons server) must complete the declaration.
Statutory Declaration of Service – Personal Service
Note: If the documents are returned unserved by An Post, contact your local Courts Service office immediately for further instructions.
