1. Apply to the court to stop a child from leaving Aotearoa New Zealand

Stop a child leaving Aotearoa New Zealand

Apply to the court to stop a child from leaving Aotearoa New Zealand

Where to start
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Overview

If you want to stop someone from taking your child out of Aotearoa New Zealand, you can apply to the Family Court for an ‘Order Preventing Removal’.

The court needs to know why you're applying

You’ll need to tell the court why you think your child might be taken out of the country. For example, someone might’ve booked travel tickets, applied for a passport for the child, or said they’re taking the child overseas with them.

How to apply

1

Determine if you need an 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.

Get legal advice and help

2

Understand what you need

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

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.

A lawyer can help you apply for court orders and they may also represent you in court.

3

Complete an application form

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.

Find your nearest court

You must print the forms single sided.

4

Determine if you need to add a Border Alert Request with your application

An ‘Order Preventing Removal’ won’t let border staff know that a child shouldn’t leave Aotearoa New Zealand. If you want border staff to be alerted if someone is trying to leave the country with your child, you must include a ‘Border Alert Request’ with your application. This will alert Interpol who will tell border staff.

Download a ‘Border Alert Request’ [PDF, 176 KB]

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.

Find your nearest court

You must print the forms single sided.

5

Get all your documents together

Your application must include:

  • a completed and signed application form, affidavit, and information sheet
  • a completed border alert request (if needed).
6

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

If you filed an urgent application

If a judge agrees that your case is urgent, they'll make an order without notice. This means the order will be made before the respondent is told. This is usually within 24-48 hours. If an order is made, a copy of the order will be sent to the other people named as parties in your application. If one of the other parties doesn't agree with the order being made, they may choose to apply to the Family Court for the order to be discharged.

If you filed a non-urgent application or the judge doesn’t agree your case is urgent

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:

  • want to hear from you in person
  • appoint a lawyer for child to understand the child's views and present them to the court
  • ask for a specialist, cultural, or social worker's report on your situation from a professional such as a psychologist or medical doctor
  • decide to hold a case conference or a hearing, or both.

Lawyer for child

Specialist, cultural, and social worker reports

Case conferences

Hearings

When your case will be finalised

How long it takes to finalise your case in court depends on the following.

  • 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
  • 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)
  • The number of adjournments made by the judge.

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

How long the order lasts

An ‘Order Preventing Removal’ stays in place until:

  • it expires
  • a further order is made
  • the child turns 16 years old unless the judge has ordered otherwise
  • a judge cancels the order.

An ‘Order Preventing Removal’ can be suspended, meaning that specified people can travel outside of Aotearoa New Zealand on specified dates with the child.

Change a court order

A ‘Border Alert’ will stay in place until the ‘Order Preventing Removal’ is cancelled. When this happens, the court will tell Interpol.

Cancel an ‘Order Preventing Removal’

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?

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