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Use this process when someone disagrees to change an existing ‘Parenting Order’ or if the deputy registrar declined your application to change an existing ‘Parenting Order’.
You should also use this process when you want to make a change to an ‘Order to Settle a Dispute Between Guardians’.
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:
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
There will be an application fee. You may be able to apply for a fee waiver if you need support with paying the filing fee.
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.
If your order is less than two years old, you’ll need to indicate this in the 'Previous Court Orders' section on page 2 of the application form. You’ll also need to explain in your affidavit what significant changes have occurred since the order was made.
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.
There may be fees or costs involved when using the Family Court. This may include:
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.
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.
We have resources available in different languages and alternate formats. Select the language or alternate format to get the resources relevant to this page.
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