Return a child to or from Aotearoa New Zealand

Being asked to return a child

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Overview

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

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.

Central Authority

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 to return the child

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’.

Complete a Notice of Defence

1

Understand what you need

You’ll need to file an affidavit with your ‘Notice of Defence’.

Affidavits

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.

2

Complete the application forms

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.

Find your nearest court

You must print the forms single sided.

3

Get all of your documents together

Your application must include:

  • a completed Notice of Defence – G12 form
  • a completed and signed general affidavit.
4

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.

How to file documents

Court staff will contact you if they need more information.

Fees when using the Family Court

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:

  • lawyers’ fees and charges
  • cost contribution orders

Family Court fees and funding

Costs you need to pay after your case

After you apply

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.

When your case will be finalised

The time it takes for your case to be finalised in court depends on various things, including:

  • how long the other people named in your application take to respond
  • if a judge has asked for more information
  • how long you or other people take to 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)

If you want to know how long your case may take, talk to your lawyer.

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.

Feeling overwhelmed?

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