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Overview
You can choose if you want to respond to the application. Before you decide, read through the application so you know what the applicant is asking the Court to do, and what their reasons are.
Decide if you want to respond
You should respond if you meet any of the following:
- disagree with any parts of the application
- want the Court to consider your views before any final decisions are made
- want the choice to appear in Court and speak to it now or in the future.
When you respond to an application, it’s important to think about what’s in the best interests of the child. A Parenting Through Separation course can help you see things from a child’s point of view and understand how separation affects children.
Parenting Through Separation course
If you’d like to suggest your own day-to-day care arrangements for the child, you must also file your own ‘Parenting Order’ application as well as your response.
Make a Parenting Order application
You may find it helpful to talk to a lawyer.
You must respond within the timeframe
The ‘Notice to Respondent’ will say how long you’ll have to respond. If you don’t respond within this time, a judge may make a final order without hearing your views.
If you don’t want to respond, you don’t have to do anything. If you don’t respond, it could affect how much time you spend with your child, or other aspects of your child’s care.
If you want a copy of the decision, you’ll need to give your mailing address to the court.
How to respond
Read the application
Read through the application and affidavit to know what the applicant is asking the Court to do and what their reasons are.
Check for a ‘Notice of Hearing’. The notice will tell you if a court date has been set and when that date is. If a court date has been set and you still want to be involved, you should still file a response. You’ll also need to go to court on that day if you want the judge to hear your views.
You can freephone the Ministry of Justice on 0800 224 733 or visit your nearest court for help. You might also find it helpful to talk to a lawyer.
Understand what you need
You’ll need to complete the affidavit and respondent information sheet. This is part of your response form.
Applications and information sheets
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
Use a BLUE or BLACK ballpoint pen if you complete the forms by hand.
Get a response form
You need to complete the form below.
Notice of Response and Affidavit in Support [PDF, 332 KB]
You must print the forms single sided.
When you respond, remember that you aren’t responding to any interim decisions made by the court. Focus your response on what has been said in the application and what you agree and don’t agree with.
Get all your documents together
Your response must include:
- a completed and signed response form including the affidavit and respondent information sections
- an exact copy for each person named as a party on the application to be given to the court. You must also keep a copy for yourself.
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.
Court staff will contact you if they need more information.
Fees when using the Family Court
There may be fees or costs involved when using the Family Court. This may include:
- application filing fee
- lawyers’ fees and charges
- cost contribution orders
After you respond
After you respond, the Court will look at the documents that have been filed and decide what steps your case needs to go through.
A judge may:
- want to hear from you in person
- appoint a lawyer for child to understand your 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.
The judge may suggest trying Family Dispute Resolution mediation service
The Court may suggest trying Family Dispute Resolution at any time during your case. This is a mediation service where an independent person or family ‘mediator’ works with parents, guardians and whānau to help reach an agreement about your child’s care after a separation or change in family situation. Family Dispute Resolution can be a useful way to work through any issues that whānau disagree on, while keeping the focus on your child.
Family Dispute Resolution mediation service
Find out more about the following:
When your case will be finalised
How long it takes to finalise your case in court depends on the following.
- How soon you respond
- If a judge asks for more information
- How soon you or other people give any extra information a judge has asked for
- 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.
Explore more in this section
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.
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Resources in other languages
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Resources in alternate formats
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