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Anyone can apply for a ‘Parenting Order’. You must be a guardian to apply for an ‘Order to Settle Disputes between Guardians’.
Usually, you’ll need to show that you’ve attended Family Dispute Resolution within the last 12 months. You’ll also need to show that you’ve tried a Parenting Through Separation course within the last two years if you’re applying for a ‘Parenting Order’.
You may not have to to attend these courses if:
Urgent decision from the court
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
Everyone needs to swear or affirm the information in the affidavit is correct.
Sign, swear or affirm an affidavit
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 to pay a filing fee for this application. You may be able to apply for a fee waiver if you need support to pay 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.
You must ask the court's permission to apply for a ‘Parenting Order’ if you aren’t the child’s parent, guardian, or partner of their parent. To do this, you must tick the 'Eligibility (leave to apply)' box on page 1 when you complete the application form.
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:
If you and the other parties in the case come to an agreement at any time during the case, you may ask the Family Court to consider making what you’ve agreed into an order. You and the other people involved in the case will need to file a consent memorandum to the Family Court.
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.
You may need to let other people or groups know about the new care arrangements, once the arrangements are in place.
Think about the people involved in your child’s life and what they might need to know. For example, if you have a 'Parenting Order' that says your child will be picked up by their grandparents from school every Friday, you may want to let the school or the child’s teacher know.
Other people or groups that may need to know about new parenting arrangements are:
How long an order lasts depends on the type of order a judge makes.
If a judge makes an ‘Interim Parenting Order’, it will usually last until either:
A ‘Final Parenting Order’ means a judge has made a final decision and the court process has finished. A judge may make a ‘Final Parenting Order’ any time during a proceeding if everyone involved agrees. A ‘Final Parenting Order’ usually lasts until the child turns 16 years old, or until one of the people involved applies to the Family Court to change or cancel it.
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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