Our Contact Centre will be closed from 5pm on 24 December 2024, reopening at 8am on 3 January 2025. National Office (Aitken Street, Wellington) reception will be closed from 5pm on Friday 20 December, reopening at 8am on Monday 6 January 2025. For more information, see Court and Tribunal hours
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If you've been asked to return a child from Aotearoa New Zealand to the country where they usually live, you’ll be sent the court documents and told how much time you have to respond.
You may want to talk to a lawyer.
If you decide to return the child without any further action being taken by the Court, contact the Central Authority at the Ministry of Justice or the other parent or guardian's lawyer.
Email: patricia.bailey@justice.govt.nz
Phone: 027 337 3612 or 04 918 8800 (or +64 4 918 8800 if you’re outside Aotearoa New Zealand).
Postal address: Central Authority, Hague Convention
Ministry of Justice
SX10088
Wellington
Aotearoa New Zealand
You can use a New Zealand Post mail box. If you use a DX mail box your mail will get to us faster
If you don’t want the child to return to the country where they usually live, you’ll need to respond to the Court notice telling the Court your reasons for not returning the child. This is called a ‘Notice of Defence’.
You’ll need to file an affidavit with your ‘Notice of Defence’.
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 a BLUE or BLACK ballpoint pen if you choose to fill out the forms by hand.
You need to complete both forms below to tell the Court your reasons for not returning the child.
Notice of defence - G12 [DOCX, 24 KB]
General affidavit [PDF, 38 KB]
If you need 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.
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.
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:
After you file your Notice of Defence, the other person will have a chance to reply to anything you say in your answer within a timeframe set by the Court. The Court will tell you the timeframe the other parent or guardian has to respond. If they respond, you’ll get a copy of their response.
The case will then go to a court hearing, where a judge will decide whether or not the child should be returned to the country they usually live in.
The time it takes for your case to be finalised in court depends on various things, including:
If you want to know how long your case may take, talk to your lawyer.
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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