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If you want to stop someone from taking your child out of Aotearoa New Zealand, you can apply to the Family Court for an ‘Order Preventing Removal’.
You’ll need to tell the court why you think your child might be taken out of the country. For example, someone might’ve booked travel tickets, applied for a passport for the child, or said they’re taking the child overseas with them.
When to apply for an urgent court order
If you think you need urgent help, you may find it helpful to talk to a lawyer.
The application pack includes your application, affidavit, and information sheet. You may find the following information useful when you complete these forms.
Care of Children - Applying for a Court Order guide [PDF, 3.9 MB]
Applications and information sheets
If your application is not urgent, you’ll need to make sure everyone named as a party in the application has an exact copy of the application. This is called service.
How to file and serve documents
You need a BLUE or BLACK ballpoint pen if you choose to fill out the forms by hand.
A lawyer can help you apply for court orders and they may also represent you in court.
Choose the form you need to complete.
Care of Children form generator
If you need an urgent decision, select ‘without notice’ in the ‘how you want to file’ field.
To have the forms sent to you, freephone the Ministry of Justice 0800 224 733. You can also pick them up from the court.
You must print the forms single sided.
An ‘Order Preventing Removal’ won’t let border staff know that a child shouldn’t leave Aotearoa New Zealand. If you want border staff to be alerted if someone is trying to leave the country with your child, you must include a ‘Border Alert Request’ with your application. This will alert Interpol who will tell border staff.
Download a ‘Border Alert Request’ [PDF, 176 KB]
If you need the forms sent to you, freephone the Ministry of Justice on 0800 224 733. You can also pick them up from the court.
You must print the forms single sided.
Your application must include:
You can file your application electronically, by post, or in person. When you file your application, it must have the original signatures. You must file your application at the correct courthouse. If you file your application in person or by post, you’ll need to provide enough exact copies for everyone named as a party to your application and keep a copy for yourself.
Court staff will contact you if they need more information.
You don’t need to pay a court filing fee for this application. There may be other fees involved when using the Family Court. This may include:
If a judge agrees that your case is urgent, they'll make an order without notice. This means the order will be made before the respondent is told. This is usually within 24-48 hours. If an order is made, a copy of the order will be sent to the other people named as parties in your application. If one of the other parties doesn't agree with the order being made, they may choose to apply to the Family Court for the order to be discharged.
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:
How long it takes to finalise your case in court depends on the following.
If you want to know how long your case may take, talk to your lawyer.
An ‘Order Preventing Removal’ stays in place until:
An ‘Order Preventing Removal’ can be suspended, meaning that specified people can travel outside of Aotearoa New Zealand on specified dates with the child.
A ‘Border Alert’ will stay in place until the ‘Order Preventing Removal’ is cancelled. When this happens, the court will tell Interpol.
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