Court Documentation
The court forms relating to care of children and guardianship can be found at the Ministry of Justice website.
Applicants need to know whether they need a Standard Track or Without Notice form. They contain differences; it is important to use the right form or an incorrect type of application might be made.
Completing Forms
The forms are designed so lay-people can fill them out without the help of a lawyer. When filling out the forms it is important you answer all the questions contained within them.
If you think a piece of information applies to more than one of the questions in the forms, then feel free to repeat it multiple times. It may be something that needs particular emphasis.
The forms contain a lot of general and safety questions (towards the back of some of the forms). If you do not know precise dates or pieces of information then say so, but be as specific as you can.
Be aware when filling out the affidavit form that this might be the only chance to provide evidence to the court. It is therefore important that anything you consider relevant is included. There might not be a chance to submit any further evidence.
In an ideal situation a legal professional should provide advice at this crucial stage of the court entry process. For people on low incomes there is government assistance to receive support from a lawyer.
Applicants need to know whether they need a Standard Track or Without Notice form. They contain differences; it is important to use the right form or an incorrect type of application might be made.
- Standard Track forms are for non-urgent matters
- Without Notice forms are for urgent matters
Completing Forms
- When filling out court forms, first check that you have the correct form.If you wish to make multiple applications to do with Care of Children and/or Guardianship issues, you can use the form generator at the website above to generate a document for all of the applications you wish to make;
- Fill out all fields on the form where you can. If something does not apply to your situation write “N/A” in the box;
- An Information Sheet form is required with an Application. This form is included in application pack when you generate your application form through the website. It is important to fill out the Information Sheet as completely as possible. In particular, addresses for all parties are necessary so the Court can serve documents;
- A completed and sworn affidavit form will be required with an Application, and is included in the document when you generate your application form through the website. The swearing or affirming of Affidavits is best done by lawyers. There is usually no charge for this.
The forms are designed so lay-people can fill them out without the help of a lawyer. When filling out the forms it is important you answer all the questions contained within them.
If you think a piece of information applies to more than one of the questions in the forms, then feel free to repeat it multiple times. It may be something that needs particular emphasis.
The forms contain a lot of general and safety questions (towards the back of some of the forms). If you do not know precise dates or pieces of information then say so, but be as specific as you can.
Be aware when filling out the affidavit form that this might be the only chance to provide evidence to the court. It is therefore important that anything you consider relevant is included. There might not be a chance to submit any further evidence.
In an ideal situation a legal professional should provide advice at this crucial stage of the court entry process. For people on low incomes there is government assistance to receive support from a lawyer.
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Document
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Types
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Purpose
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Application
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(on notice) – not urgent
(without notice) – urgent |
Sets out what you want from the Court. Without notice Applications are dealt with urgently and the respondent has no opportunity to respond. On notice Applications are served on the other party, who has a chance to respond before a Judge considers the case.
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Affidavit
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in Support Of – an Affidavit accompanying an Application
in Response – an Affidavit made to counter an Application |
The information about why you want Orders made and what is happening. It is evidence and you can be questioned about what you have said, at a Court fixture. You must be honest in an Affidavit, even if the evidence is not in your favour. Affidavits should consider information that is relevant, factual and known to the person swearing it. It should not be argumentative, abusive or contain unfounded opinion.
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Notice of…
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Response
______ Conference Formal Proof Hearing Fixture/Hearing Case Management Review |
A Court notice requiring a person to respond to an Application.
Notification of a Court event (Issues, Settlement, Directions or Judicial Conference). Notification of a fixture that has not been defended or there is agreement between parties. Notification of a fixture where the respondent has indicated they intend to defend the Application. Notice that a Registrar is going to review the case. This is dealt with via email and an appearance is not needed. |
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Memorandum
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of Consent
of Counsel |
An offer to the Court by both parties to settle the matter.
Additional information to the Court by a lawyer. |
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Summons
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n/a
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A document requiring a person to appear in Court.
A Court-issued declaration which is binding in law to all parties. |
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Report
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Supervised Contact (s59)
s132 s133 Lawyer for the Child |
Report to the Judge from a professional supervisor, on the supervision of a party and the child.
Report from a CYF social worker. Psychological report on the child and/or party(ies). Report from the Court-appointed Lawyer for the Child. |
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Minute
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n/a
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An explanatory note from the Judge outlining the thinking behind a decision, or directing action from parties to the proceedings.
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Order
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n/a
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A Court-issued declaration which is binding in law to all parties.
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