Help filling out guardianship form

Guffy

Hey, so myself and ex went in to sign whatever was needed for me to become the guardian of my son. We were informed that we needed to fill out a form and apply for a court date.

So i have the form here, Form 37E, and am filling it out. I have come to a part saying ' Take notice the applicant intends to apply to this court sitting at ? in the county of ? on the ? day of ? for an order pursuant of section 6a....' and so on. The question marks are blanks which I have to fill in. The form states it must be typed but not having an actual court date are these filled in afterwards or do I have get a date first. I was given the impression that I had to have the form filled out before I could get a court date.

Orion

You do not need to go to court for guardianship. You just need to both sign the form S.I. No. 5 of 1998 in the presence of a solicitor, Peace Commissioner, Notary Public or Commissioner of Oaths. The form is attached to this post. You then need to keep the form somewhere safe - it doesn't need to be lodged with the courts.

The only time you need to go to court is if the mother doesn't consent to the father being a co-guardian or if someone not the biological parent wants to be made a guardian. Based on your post that doesn't seem to be the case.

If the mother agrees to the father becoming a guardian there is no need to go to court. In this case both parents must complete a statutory declaration in the presence of a Peace Commissioner (Guardianship of Children (Statutory Declaration) Regulations, 1998 (S.I. No. 5 of 1998). This declaration states the name of both parents, that they are unmarried and that they agree to the father being appointed as a joint guardian. They then become joint guardians of the child. The declaration also states that the parents have agreed arrangements regarding custody and access. Where there is more than one child, a separate declaration must be made for each child.

cf: http://www.courts.ie/courts.ie/library3.nsf/0/11b55178b0ebe941802577ea003fc000?opendocument

Guffy

Orion wrote: »

You do not need to go to court for guardianship. You just need to both sign the form S.I. No. 5 of 1998 in the presence of a solicitor, Peace Commissioner, Notary Public or Commissioner of Oaths. The form is attached to this post. You then need to keep the form somewhere safe - it doesn't need to be lodged with the courts.

The only time you need to go to court is if the mother doesn't consent to the father being a co-guardian or if someone not the biological parent wants to be made a guardian. Based on your post that doesn't seem to be the case.


cf: http://www.courts.ie/courts.ie/library3.nsf/0/11b55178b0ebe941802577ea003fc000?opendocument

Thank you, this is the form i had gone in for myself the first time and was asked if the mother knew and she'd have to be here. So we went in together to get it sorted and were told that we would have to get that form and a court date. I was thinking it was a bit ridiculous. thanks

wmpdd3

Does anyone know how much a solicitor charges to witness this document?