Apply for a court order to settle parenting arrangements

Before you apply

Usually, you’ll need to show that you’ve attended Family Dispute Resolution within the last 12 months. You’ll also need to show that you’ve tried a Parenting Through Separation course within the last two years if you’re applying for a ‘Parenting Order’.

You may not have to to attend these courses if:

• you’re applying for an urgent order
• you’re applying for a ‘Parenting Order’ when everyone agrees
• your child is part of a proceeding that has already begun under Part 2 of the Oranga Tamariki Act 1989
• you can provide evidence in an affidavit that you can’t participate effectively in one of these courses
• you can provide evidence in an affidavit that you, or your child, has experienced family violence by one of the people named as a party in the application.

Urgent decision from the court

Parenting Through Separation course

Family Dispute Resolution mediation service

How to apply

After you apply

If you filed an urgent application

If a judge agrees that your case is urgent, they may make an interim order without notice. This means the order will be made before the respondent is told. This is usually within 24-48 hours. If an interim order is made, your documents will be sent to the other people named as parties in your application to give them a chance to respond before a final order is made.

If you filed a non-urgent application or the judge doesn’t agree your case is urgent

The Court will try to give a copy of your application to the other people named as parties in your application. They’ll be given time to respond, which could be between 21-50 days, depending on if the person lives in Aotearoa New Zealand or overseas.

If they respond, you'll be given a copy of their response.

Before a judge makes a decision, they may:

• want to hear from you in person
• appoint a lawyer for child to understand the child's views and present them to the court
• ask for a specialist, cultural, or social worker's report on your situation from a professional such as a psychologist or medical doctor
• decide to hold a case conference or a hearing, or both.

Lawyer for child

Specialist, cultural, and social worker reports

Case conferences

Hearings

If you come to an agreement during the court process

If you and the other parties in the case come to an agreement at any time during the case, you may ask the Family Court to consider making what you’ve agreed into an order. You and the other people involved in the case will need to file a consent memorandum to the Family Court.

File a consent memorandum

When your case will be finalised

How long it takes to finalise your case in court depends on the following.

• How long the other people named in your application take to respond
• If a judge has asked for more information
• How long you or other people take to give any extra information
• How soon the Family Court can look at your case (especially if a conference or hearing is needed)
• If a judge directs anyone involved in the case to attend out of court services (including Parenting Through Separation course, preparatory counselling, or Family Dispute Resolution mediation service)
• The number of adjournments made by the judge.

If you want to know how long your case may take, talk to your lawyer.

How long an order lasts

How long an order lasts depends on the type of order a judge makes.

If a judge makes an ‘Interim Parenting Order’, it will usually last until either:

• a set date
• a particular event happens (for example, a judge makes a new order)
• a judge says the order stops.

A ‘Final Parenting Order’ means a judge has made a final decision and the court process has finished. A judge may make a ‘Final Parenting Order’ any time during a proceeding if everyone involved agrees. A ‘Final Parenting Order’ usually lasts until the child turns 16 years old, or until one of the people involved applies to the Family Court to change or cancel it.