1. Apply to a deputy registrar to change a court order

Change a court order

Apply to a deputy registrar to change a court order

Where to start
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Overview

Use this process when everyone involved agrees to change a ‘Final Parenting Order’.

If your situation is urgent

The options below may not be right for you because of your situation. You may need to apply for an urgent court order instead because:

  • someone is being violent or abusive towards you, your child, or both
  • you or your child's personal safety is at risk
  • waiting too long to get a court order (if you need one) may cause financial problems
  • the other parent, legal guardian or whānau member is planning to take your child overseas without your permission.

When to apply for an urgent court order

How to apply

1

Understand what you need

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.

Get legal advice and help

2

Get an application form

You need to complete the form below when making your request.

Request to registrar to vary final parenting order - by consent [PDF, 238 KB]

Only one person needs to file this consent form, but all parties to the existing order must sign the form to show they consent.

In your application please say which court your 'Final Parenting Order' was heard at and the file number of that case, if you know it. If you have a copy of your ‘Final Parenting Order’ you can also submit this with your application.

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.

Find your nearest court

3

Get all of your documents together

Your application must include:

  • a completed and signed ‘Request to registrar to vary final parenting order – by consent’ form
  • a copy of the ‘Final Parenting Order’
4

File your application

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.

How to file documents

Court staff will contact you if they need more information.

Fees when using the Family Court

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:

  • lawyers’ fees and charges
  • cost contribution orders

Family Court fees and funding

Costs you need to pay after your case

After you apply

A deputy registrar will consider your application and decide to approve or decline.

If the deputy registrar approves your application

If the deputy registrar approves your application, they’ll make a new ‘Final Parenting Order’. This will include the changes you requested. You’ll be sent copies of the new court order.

If the deputy register declines your application

If the deputy registrar declines your application, you’ll be sent a copy of the Registrars decision including the reasons why they didn’t change your order.

If you still want the changes after your request has been declined, you can apply to a judge to consider your application.

When your case will be finalised

This depends on when a deputy registrar can consider your application. If you want an update, freephone the Ministry of Justice on 0800 224 733.

Resources in other languages and alternate formats

We have resources available in different languages and alternate formats. Select the language or alternate format to get the resources relevant to this page.

Feeling overwhelmed?

Going through a change in your whānau situation can be hard. It's normal to feel overwhelmed. There are services available to help and support you through this time.

Visit our help page