Respond to an application for an Order Preventing Removal

If the child’s other parent or guardian asks the court to stop you taking the child overseas there are ways for you to have your say.

You’ll be given a copy of their application, and other documents may be mailed to you. You’ll then be able to respond (defend the application) before the court decides whether or not to make the Order Preventing Removal. If the court believes the child will be taken out of New Zealand in the very near future, it can make the Order straightaway and you’ll get to have your say afterwards.

Decide if you want to respond

If you don’t respond to the application, the judge can make the Order without hearing what you think.

If you decide to respond, you’ll need to fill in the forms, file them with the court and then serve them on the other people involved in the court case.

How to respond

It’s free to respond to an application for an Order Preventing Removal.

  1. Fill in the form:
    Notice of response form and affidavit in support [PDF, 800 KB]
  2. File your documents at the court.
    Find out more about filing documents
  3. Serve your documents on the other people.
    Find out more about serving documents

Timeframes for responding

You have a set time to ask the court not to make the Order Preventing Removal.

The court will tell you how many days you have to respond. The set time is usually:

  • 21 days if the documents are served on you in New Zealand
  • 30 days if they’re served on you in Australia
  • 50 days for anywhere else in the world.

Legal advice

You may want to talk to a lawyer. If you can’t afford a lawyer you may be able to get:

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