1. When to apply for an urgent court order

About the Family Court

When to apply for an urgent court order

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Overview

Anyone can apply for an urgent decision from the court. To do this, you’ll need to file a without notice application. When you apply, your application will go straight to a judge for them to consider.

When to apply

Some examples of when you may need to apply for an urgent court order are if:

  • someone is being violent or abusive towards you, a child, or both
  • you or a child's personal safety is at risk
  • waiting too long to get a court order might cause financial problems
  • someone is planning to take a child overseas without your permission.

You can apply for a temporary Protection Order without notice if you or your child have experienced, or continue to experience, family violence.

Family violence

Protection Orders

If you're worried about a child and want to make a referral or report of concern, contact Oranga Tamariki.

Phone 0508 326 459

Email contact@ot.govt.nz

How to apply

To apply for an urgent court order, select ‘without notice’ on the application form. The ‘without notice’ box is available on all application forms where an urgent court order can be made.

After you apply, the judge will consider your application before anyone else named in the application (respondent) is given a copy.

The respondent will still get to see your application and respond to it, but this happens only after the judge has seen it and decided if an urgent order needs to be made.

If you think you need urgent help, you might find it helpful to talk to a lawyer.

Get legal advice and help

Because a judge will decide based on what you say, you must be open and honest when you apply. You must include all relevant information even if this is not helpful to your case. Relevant information may include:

  • if you or anyone living in your home has any criminal convictions
  • if you or anyone living in your home has ever had children removed from their care
  • any physical or medical issue which may impact your ability to care for the child day to day.

After you apply

After you apply, a judge will decide if your case is urgent or not.

If a judge agrees that your case is urgent, they may make an interim order. This is temporary and made to provide stability and certainty for you and your child until a final order is made.

The judge may make an ‘Interim Protection Order’. This is also temporary and immediately orders a person to stop their harmful behaviour.

If an interim order is made, your documents will be sent to the other people named in your application to give them a chance to respond before a final order is made.

If a judge doesn’t agree that your case is urgent, they’ll put your case on the non-urgent (on notice) path.

 

How long an interim order will last

An interim order will usually last until either:

  • a set date
  • a particular event happens (for example, the child turns a certain age or a judge makes a new order)
  • a judge says the order stops.

However, this may change depending on the type of interim order. If you’re unsure how long your order will last, talk to your lawyer or freephone the Ministry of Justice on 0800 224 733.

Feeling overwhelmed?

Going to Family Court can be hard. It's normal to feel overwhelmed. There are services available to help and support through this time.

Visit our help page