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You can apply to the Family Court have a new partner appointed as a guardian.
Your new partner will need to get a criminal record check and include the outcome with the forms.
Get a copy of a criminal record
A lawyer can help you apply for court orders and they may also represent you in court.
All three forms below need to be completed when making 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.
You must print the forms single sided.
Your application should 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:
A deputy registrar will consider your application and decide to approve or decline.
If your application is approved, the deputy registrar will send you a notice of approval to appoint. The notice is an official document saying your application has been approved and your new partner has been appointed as a legal guardian.
If they decline your application, they’ll write this on the application form and return it to you. If you would still like your new partner to be a legal guardian of your child, you can apply to a judge.
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.
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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