For the purposes of this Act, guardianship of a child means having (and therefore a guardian of the child has), in relation to the child,—

The duties, powers, rights, and responsibilities of a guardian of a child include (without limitation) the guardian’s—

Important matters affecting the child include (without limitation)—

A guardian of a child may exercise (or continue to exercise) the duties, powers, rights, and responsibilities of a guardian in relation to the child, whether or not the child lives with the guardian, unless a court order provides otherwise.

Court order means a court order made under any enactment; and includes, without limitation, a court order that is made under this Act and embodies some or all of the terms of an agreement to which section 40(2) or section 41(2) applies.

However, in exercising (or continuing to exercise) the duties, powers, rights, and responsibilities of a guardian in relation to a child, a guardian of the child must act jointly (in particular, by consulting wherever practicable with the aim of securing agreement) with any other guardians of the child.

Subsection (5) does not apply to the exclusive responsibility for the child’s day-to-day living arrangements of a guardian exercising the role of providing day-to-day care.

The father and the mother of a child are guardians jointly of the child unless the child’s mother is the sole guardian of the child because of subsection (2) or subsection (3).

If a child is conceived on or after the commencement of this Act, the child’s mother is the sole guardian of the child if the mother was neither—

If a child is conceived before the commencement of this Act, the child’s mother is the sole guardian of the child if the mother was neither—

For the purposes of subsections (2) and (3), the mother and father of a child may be in a de facto relationship even if—

On the death of the father or the mother, the surviving parent, if he or she was then a guardian of the child, is the sole guardian of the child.

This section is subject to sections 18 to 34, and therefore does not limit or affect the appointment of 1 or more additional guardians (for example, an additional testamentary guardian of the child appointed by the deceased parent under section 26(2)) or an order (relating to guardianship of the court) under section 33(1).

A child’s father who is not a guardian of the child just because of section 17(2) or (3) becomes a guardian of the child if his particulars are registered after the commencement of this section as part of the child’s birth information because he and the child’s mother both notified the birth as required by section 9 of the Births, Deaths, Marriages, and Relationships Registration Act 1995.

Subsection (1) does not change the guardianship status of a father who became a guardian before the commencement of this section.

If, because of section 17(2) or (3), a child’s mother is (or was at the time of her death) the sole guardian of the child, the child’s father may apply to the court to be appointed as a guardian of the child.

The father may apply to be appointed—

An application under subsection (2)(b) must include an application under section 29 for an order depriving the mother of the guardianship of her child or (as the case requires) removing the testamentary guardian from office.

In response to an application under subsection (2), the court—

A man who alleges that he is a guardian of a child because of section 17 (other than because of an order under section 19) may apply to the court for an order declaring that the man is a guardian of the child because of section 17.

The court may make the order if satisfied that the man—

The Declaratory Judgments Act 1908 applies, with all necessary modifications, to applications under subsection (1).

In this section, appointment means an appointment of an eligible spouse or partner of a parent as an additional guardian of a child under section 23.

If both parents of the child are guardians of the child, the appointment must be made by both of them.

If the mother of the child is the sole guardian of the child just because of section 17(2) or (3), the appointment must be made by the mother and the father of the child.

If a parent of the child is the sole guardian of the child because the other parent of the child is dead, or because of the application of Part 2 of the Status of Children Act 1969, the appointment must be made by the parent.

If, before dying, a parent of the child appointed a testamentary guardian of the child under section 26(1), and the other parent of the child is alive and is a guardian of the child jointly with the testamentary guardian, the appointment must be made by the surviving parent and the testamentary guardian.

No appointment of an additional guardian of a child may be made under section 23 if the child—

No appointment of an additional guardian of a child may be made under section 23 if a parent authorised by section 21 to make the appointment—

No appointment of an additional guardian of a child may be made under section 23 unless the child, or a parent of the child, is either a New Zealand citizen or a person who is ordinarily resident in New Zealand.

No appointment of an additional guardian of a child may be made under section 23 if any of the statutory declarations required by section 23(5) cannot be made in the affirmative.

An appointment of an additional guardian under section 23 is void if the proposed additional guardian is disqualified under section 23(2)(d), even though the relevant statutory declarations under section 24(d)(i) were all made in the affirmative.

An eligible spouse or partner of a parent may be appointed as an additional guardian of a child under this section by the following person or persons, but only if that person is, or those persons are, authorised by section 21 to make the appointment:

A spouse or partner of a parent is an eligible spouse or partner of a parent in relation to a parent of a child and an appointment under this section only if the parent is making the appointment (either alone, or with the other parent, or a guardian, of the child) and the spouse or partner—

Child pornography publication means a publication that is objectionable (as those terms are defined in section 2 of the Films, Videos, and Publications Classification Act 1993)—

The appointment may be made only if each person making the appointment and the proposed additional guardian—

The appointment must be in a form approved by the Secretary (which must include the agreements in writing referred to in subsection (4)(b)), and must be accompanied by—

Criminal record means a document giving all details recorded in law enforcement information held by or on behalf of the Ministry of Justice of every criminal conviction (if any) of the proposed additional guardian (whether a conviction in New Zealand or overseas).

If the proposed additional guardian is an eligible individual (as defined in section 4 of the Criminal Records (Clean Slate) Act 2004), then for the purposes of section 19(3)(e) of that Act (exceptions to general effect of clean slate scheme) the appointment is an application the proposed additional guardian has made to act in a role predominantly involving the care and protection of, but not predominantly involving the delivery of education to, the child.

The declarations required by section 23(5)(a) are statutory declarations by every person making the appointment and by the proposed additional guardian declaring—

An appointment under section 23 takes effect only on a Registrar of the Family Court approving the form and declarations referred to in section 23(5).

The Registrar must not approve those documents unless, having made all reasonable inquiries, he or she is satisfied—

Nothing in this section requires the Registrar to inquire into details of a conviction in the proposed additional guardian’s criminal record.

Family Court case-management system means the system for the time being used by the Ministry of Justice to manage, maintain, and access Family Court case records.

The parent of a child may by deed or will (executed before or after the child’s birth) appoint a person to be a testamentary guardian of the child after the parent’s death.

If, at the time of his or her death, the parent appointing a guardian under subsection (1) is a guardian of the child, the testamentary guardian is from that time, if he or she is 20 years of age or older, either sole guardian or a guardian in addition to any other guardian, as the case may be.

If, at the time of his or her death, the parent appointing a guardian under subsection (1) is not a guardian of the child, the testamentary guardian may apply to the court, and the court may, if it thinks fit, appoint him or her as a guardian accordingly.

Despite any enactment or rule of law, a person under the age of 18 years may make an appointment under subsection (1).

Despite section 16(1), no testamentary guardian of a child has, just because of an appointment under this section, the role of providing day-to-day care for the child.

The court may appoint a person as a guardian of a child, either in addition to any other guardian or as sole guardian, either—

The court may appoint the person as a guardian of the child—

However, only the High Court may appoint or remove a litigation guardian for proceedings before the High Court or a court higher than that court, but the High Court may also appoint or remove a litigation guardian for proceedings that are not before the High Court or a court higher than that court.

The duties, powers, rights, and responsibilities of a guardian of a child end when the first of the following events occurs:

However, nothing in this section affects the appointment of, or the High Court’s powers in respect of, a litigation guardian.

On an application for the purpose by an eligible person, the court may make—

In this section, eligible person, in relation to a child, means any of the following persons:

An order under subsection (1)(a) (that is, an order depriving a parent of the guardianship of his or her child) must not be made unless the court is satisfied—

An order under subsection (1)(b) or (c) must not be made unless the court is satisfied that the order will serve the welfare and best interests of the child.

On making an order under subsection (1), the court may also make on its own initiative an order under section 27.

The court may, on application, revoke the appointment under section 27 of a person as a guardian of a child or young person if—

If the court revokes an appointment under this section, it must discharge, under section 56, the associated parenting order under section 48 that confers on the person the role of providing day-to-day care for the child and any associated parenting order that provides for any specified person to have contact with the child.

The following courts have jurisdiction under section 31:

The Family Court does not have jurisdiction under section 31 if—

The High Court may order proceedings to be removed to the Family Court if—

The High Court must order proceedings to be removed to the High Court if—

Proceedings removed to the High Court continue in that court as if they had been properly commenced there.

An eligible person may make an application to a court with jurisdiction under this section for—

In this section, eligible person, in relation to a child, means any of the following persons:

This section applies when—

When this section applies,—

Subsection (2) does not apply if the court considers that the delay that would be caused by giving notice would or might entail serious injury or undue hardship to the child.

If this section applies and the court makes an interim order without giving notice to the chief executive,—

A court to which an application is made under section 31 may—

An order under subsection (1) in respect of a child ceases to have effect when the first of the following events occurs:

A court to which an application is made under section 31 has the rights and powers specified in subsection (2)—

The court has the same rights and powers in respect of the person and property of the child as the High Court had in relation to wards of court immediately before the commencement, on 1 January 1970, of the Guardianship Act 1968, except that the court may not—

The High Court has all the powers of the Family Court in relation to who has the role of providing day-to-day care for, or contact with, a child who is the subject of an application under section 31 or an order under section 33. An order of the High Court about providing day-to-day care for, or contact with, any child of that kind may be enforced under this Act as if it were an order of the Family Court.

This section applies to a court if it is the Family Court or the High Court hearing or otherwise dealing with proceedings under section 31.

The court may, before or by or after the principal order, make any interim or final order it thinks fit about the role of providing day-to-day care for, or about contact with, or about the upbringing of, a child who is the subject of the proceedings.

Section 50 applies with all necessary modifications to an order under subsection (2), and an order of that kind may be subject to any terms or conditions the court thinks fit.

The court may, if in all the circumstances it thinks it appropriate to do so, make an order vesting the sole guardianship of the child in 1 of the parents, or make any other order with respect to the guardianship of the child that it thinks fit. However, if the court makes no order with respect to the guardianship of the child, every person who was a guardian of the child continues to be a guardian of the child.

An order may be made under this section, and an order made under this section may be varied or discharged, even though the court has refused to make the principal order or to give any other relief sought.

A consent, or refusal to consent, to any of the following, if given by a child of or over the age of 16 years, has effect as if the child were of full age:

A child’s consent, or refusal to consent, to any donation of blood, or to any medical, surgical, or dental treatment or procedure (including a blood transfusion), whether to be carried out on the child or on any other person, has the same effect as if the child were of full age if the child is or has been—

If the consent of any other person to any medical, surgical, or dental treatment or procedure (including a blood transfusion) to be carried out on a child is necessary or sufficient, consent may be given—

If a child has been lawfully placed for the purpose of adoption in the home of any person, then, for the purposes of subsection (3), that person must be treated as a guardian of the child.

Nothing in this section affects an enactment or rule of law by or under which, in any circumstances,—

Except to the extent that this section enables a blood transfusion to be administered to a child without the consent of any other person, nothing in this section affects section 37.

Subsection (1) is subject to subsection (6).

In this section and section 36,—

Except by leave of a Judge of the High Court, no civil, criminal, or disciplinary proceedings may be brought against a person in respect of the administration by a health practitioner of any blood transfusion to a person under the age of 18 years (in this section called the patient) by reason of the lack of consent of a person whose consent is required by law.

The Judge must not grant leave if the Judge is satisfied—

In considering the reasonableness of the opinion of the health practitioner referred to in subsection (3)(a), the Judge must take into account the following:

Nothing in this section affects any enactment or rule of law relating, in respect of the performance of any operation,—

If given by a female child (of whatever age), the following have the same effect as if she were of full age:

This section overrides section 36.

The purpose of sections 40 to 43 is to encourage parents, guardians, and donors to agree to their own arrangements for the child’s care, development, and upbringing.

A party to an agreement to which subsection (2) applies may seek to have the terms of the agreement embodied in an order of the court that may be enforced, as provided in subsections (3) and (4).

This subsection applies to an agreement between parents or guardians of a child so far as it relates to when 1 or more specified persons have the role of providing day-to-day care for the child or have contact with the child, or to the upbringing of the child, or to any combination of those matters.

An agreement to which subsection (2) applies cannot be enforced under this Act, but some or all of the terms of the agreement may be embodied in an order of the court if, under 1 or more provisions of this Act other than this section (for example, under section 48(1)),—

The order may be enforced under this Act in the same way as an order that does not embody terms of an agreement to which subsection (2) applies.

A party to an agreement to which subsection (2) applies—

This subsection applies to an agreement between the parents of a child and a donor or donors so far as it relates to contact between the donor or donors and the child, or to the role of the donor or donors in the upbringing of the child, or to both.

An agreement to which subsection (2) applies cannot be enforced under this Act, but, on an application for the purpose by a party to it, the court may, with the consent of all parties to it, make an order of the court that embodies some or all of the terms of the agreement.

An order under subsection (3) may, so far as it relates to contact with the child, be enforced under this Act as if it were a parenting order relating to contact.

Any of the parties to an agreement to which subsection (2) applies may apply to the court for its direction if those parties are unable to agree on a matter—

On an application under subsection (5), the court may make any order relating to the matter that it thinks proper.

In this section and section 41,—

Sections 40(2) and 41(2) apply to an agreement even though some or all of the parties to it are minors.

A child aged 16 or 17 who wishes to obtain consent for his or her de facto relationship must make an application to the Family Court for the consent of a Family Court Judge.

A Family Court Judge may, on an application of a child made under subsection (1), consent to the de facto relationship only if the Judge is satisfied that—

In determining whether the de facto relationship is in the child’s interests, the matters that the Judge must take into account include, without limitation,—

This section applies to a child who does not have a guardian because guardianship of the child has ended under section 28(1).

If an enactment requires that the child obtains the consent of 1 or more guardians for a particular purpose, the child may—

When an application is made under subsection (2)(b), a Family Court Judge may, if he or she considers that giving the consent is reasonable in all the circumstances, give the consent required.

A consent given to a child for a purpose referred to in subsection (2), either by the child’s former guardians or by a Family Court Judge under subsection (3), has the same effect as if it had been given by all the people whose consent was required for that purpose.

A child of or over the age of 16 years who is affected by a decision or by a refusal of consent by a parent or guardian in an important matter may (unless the child is under the guardianship of the court) apply to a Family Court Judge, who may, if he or she thinks it reasonable in all the circumstances to do so, review the decision or refusal and make any order in respect of it that he or she thinks fit.

A consent given by a Family Court Judge under this section has the same effect as if it had been given by the parent or guardian.

In sections 46E and 46F, family dispute resolution, family dispute resolution form, and FDR provider have the meanings given to them by the Family Dispute Resolution Act 2013.

This section applies to an application under section 46R or 48.

The application must be accompanied by a family dispute resolution form that has been signed by an FDR provider within the preceding 12 months.

Subsection (2) does not apply if subsection (4) applies.

A family dispute resolution form is not required to accompany an application that—

A Registrar may refuse to accept for filing an application that is accompanied by an affidavit of the kind referred to in subsection (4)(f) if the affidavit does not provide sufficient evidence of either of the matters set out in subparagraphs (i) and (ii) of that paragraph.

A Registrar who is unsure, under subsection (5), whether to refuse to accept an application for filing may refer that application and accompanying affidavit to a Judge, and the Judge must determine whether the affidavit provides sufficient evidence of either of the matters set out in subsection (4)(f).

This section applies after an application has been made to the Family Court for—

At any time before the application is finally determined, a Family Court Judge may direct the parties to attend family dispute resolution.

A direction under subsection (2) may only be made by a Judge if—

A direction under subsection (2) may be made only once.

This section applies after an application has been made to the Family Court for—

A Family Court Judge may direct the Registrar of the court to refer the parties to the application to counselling services for either or both of the following purposes:

A direction under subsection (2) may only be made by a Family Court Judge if the Judge considers that the provision of counselling services is the best means of assisting the parties with their relationship or the implementation of any decision of the court, or both of those matters.

A Family Court Judge may make a direction under subsection (2)—

On receipt of a direction under subsection (2), the Registrar must—

The Secretary may, by notice in the Gazette, approve any organisation (whether incorporated or unincorporated) as an approved counselling organisation.

In deciding whether to approve an organisation under subsection (1), the Secretary must apply any criteria prescribed by regulations made under section 147(2)(aa).

An approval under subsection (1) may be made on any terms and conditions the Secretary thinks fit.

The Secretary may, by notice in the Gazette, suspend or cancel the approval of an organisation as an approved counselling organisation on any ground prescribed by regulations made under section 147(2)(ab).

If under subsection (1) the Secretary suspends the approval of an organisation, the organisation is not an approved counselling organisation during the period for which the approval is suspended.

An approved counselling organisation to which any parties are referred under section 46G(5)(a) must—

The Secretary or an approved counselling organisation may appoint a person as a counsellor if the Secretary or approved counselling organisation is satisfied that the person is qualified and competent to provide counselling services.

In deciding whether a person meets the criteria in subsection (1), the Secretary or approved counselling organisation must apply the qualification and competency requirements prescribed by regulations made under section 147(2)(ac) and (ad).

This section applies to a statement a party makes to a counsellor for the purpose of enabling the counsellor to provide counselling services.

No evidence of the statement is admissible in any court or before any person acting judicially.

A counsellor commits an offence and is liable on conviction to a fine not exceeding $500 who discloses to any other person a statement made to the counsellor for the purpose of enabling the counsellor to provide counselling services.

The maximum number of sessions of counselling to be carried out under section 46G must be determined in accordance with regulations made under section 147(2)(ae) or, if no such regulations are made, by the Registrar of the court.

Fees in respect of counselling carried out under section 46G, and reasonable expenses incurred, must—

At any time after an application has been made to the court for a parenting order under section 48, a Family Court Judge may direct 1 or more parties to the application to attend a parenting information programme.

However, the Family Court Judge may not make a direction under subsection (1) in respect of a party if that party has undertaken a parenting information programme within the preceding 2 years.

The purpose of a settlement conference is to enable a Family Court Judge to—

A Family Court Judge may, before the hearing of a proceeding, direct the Registrar to convene a settlement conference.

However, a settlement conference may be convened under subsection (1) on 1 occasion only, but may be adjourned at any time and to any place.

At a settlement conference, a Family Court Judge may, with the consent of the parties, make an order settling some or all of the issues in dispute between the parties.

Before a party consents to the making of an order, a Family Court Judge may advise that party to obtain legal advice.

If 2 or more guardians of a child are unable to agree on a matter concerning the exercise of their guardianship, any of them may apply to the court for its direction.

An application under subsection (1) must be made to the Family Court unless subsection (3) applies.

An application under subsection (1) must be made to the High Court, and the High Court has exclusive jurisdiction to settle the dispute, where,—

On an application under subsection (1), the court may make any order relating to the matter that it thinks proper.

In section 48(1), eligible person, in relation to a child, means any of the following persons:

However, if a parent of a child has died or has been refused contact with the child by a court, or if a parent entitled to have contact with a child is making no attempt to have that contact, then each of the following persons is, for the purposes of an application for an order under section 48(1) determining who may have contact with the child, also an eligible person in relation to the child:

This section applies to an application for a parenting order under section 48.

The application must include a statement made by or on behalf of the applicant for the order about whether and how the order can and should provide for any other person or persons to have the role of providing day-to-day care for, or contact with, the child.

This section applies to—

The application must include a statement made by or on behalf of the applicant for the order—

Evidence in support of a statement made under subsection (2)(a) or (b)(i) must be included in the application.

A Registrar may refuse to accept an application if the Registrar considers that the evidence provided does not adequately support the statement.

On an application made to it for the purpose by an eligible person, the court may make a parenting order determining the time or times when specified persons have the role of providing day-to-day care for, or may have contact with, the child.

A parenting order determining that a person has the role of providing day-to-day care for the child may specify that the person has that role—

A parenting order determining that a person may have contact with the child may specify any of the following:

A parenting order (whether an interim parenting order or a final parenting order) may be made subject to any terms or conditions the court considers appropriate (for example, a condition requiring a party to enter into a bond).

At any time before an application for a parenting order is finally determined in a court, a Judge may make an interim parenting order that has effect until—

However, a Judge must not make an interim order unless the Judge is satisfied that an interim order serves the welfare and best interests of the child better than a final order.

This section applies if—

If this section applies, the court must, as soon as practicable, assign a hearing date that is not more than 3 months after the date of the interim parenting order, and at the hearing on that date the court may replace the interim order with—

When making an interim parenting order that has effect until a specified date (the specified date), a Family Court Judge may direct that the interim parenting order is to become a final parenting order on the specified date unless before that date a party to the proceeding or any lawyer appointed under section 7 notifies the court that he or she wishes to be heard.

If a party to the proceeding or any lawyer appointed under section 7 does not, before the specified date, notify the court that he or she wishes to be heard, the interim parenting order becomes a final parenting order on the specified date.

When an interim parenting order becomes a final parenting order under subsection (2), the final parenting order comes into effect immediately.

At any time during a proceeding, a Judge may make a final parenting order if the parties consent.

When an application for a parenting order is finally determined by the court, a Judge must make a final parenting order.

A parenting order determining the person or persons who have the role of providing day-to-day care for a child of or over the age of 16 years must not be made unless there are special circumstances.

An order in respect of a child under the age of 16 years expires, so far as it relates to providing day-to-day care for the child, when the child attains that age unless the court in special circumstances orders otherwise on or after making the order.

Nothing in this section applies in respect of children who are under the guardianship of the court, or affects the power of the court to make orders in respect of the upbringing of a child, or to appoint or remove guardians.

This section applies to a parenting order when—

The court must consider whether the order should be subject to conditions imposed for the purpose of protecting the safety of person B while person A’s contact with the child takes place (including while the child is being collected from, or returned to, person B).

If a court proposes to make a parenting order that does not give a parent the role of providing day-to-day care for a child, the court must consider whether and how the order can and should provide for that parent to have contact with the child.

This section applies if the Family Court is hearing or otherwise dealing with proceedings under the Family Proceedings Act 1980 for a separation order, an order declaring a marriage or civil union to be void ab initio, or an order dissolving a marriage or civil union.

The court may, before or by or after the principal order, make any interim or final order it thinks fit about the role of providing day-to-day care for, or about contact with, or about the upbringing of, a child of the marriage or a child of the civil union (as defined in section 2 of the Family Proceedings Act 1980).

Section 50 applies with all necessary modifications to an order under subsection (2), and an order of that kind may be subject to any terms or conditions the court thinks fit.

The court may, if in all the circumstances it thinks it appropriate to do so, make an order vesting the sole guardianship of the child in 1 of the parents, or make any other order with respect to the guardianship of the child that it thinks fit. However, if the court makes no order with respect to the guardianship of the child, every person who was a guardian of the child continues to be a guardian of the child.

Despite subsection (4), an order depriving a parent of the guardianship of his or her child may be made under that subsection only if the court is satisfied of the matters stated in section 29(3)(a) and (b).

An order may be made under this section, and an order made under this section may be varied or discharged, even though the court has refused to make the principal order or to give any other relief sought.

An order under section 48(1)—

A lawyer acting for, or other person representing, a party to an order under section 48(1) must explain to the party the effect of the order.

Explanations required by subsections (1)(a) and (2) must be given in a manner and in language that the recipients of those explanations understand.

A lawyer acting for, or other person representing, a child, must take all reasonable steps to ensure that the effect of an order under section 48(1) is explained to the child, to an extent and in a manner and in language that the child understands.

A failure to comply with a requirement imposed by this section does not affect the validity of the order concerned.

On an application for the purpose by an eligible person, the court may vary or discharge any of the following:

On an application for the purpose by an eligible person, the court may vary or discharge an order vesting the guardianship of a child in 1 parent or in any other person or persons. If the order is discharged, and no other order with respect to the guardianship of the child is made, guardianship vests in the person or persons (if any) who would be the guardian or guardians if the order discharged had not been made.

In this section, eligible person, in relation to an order relating to a child, means any of the following persons:

Subsections (1) and (2) apply to orders of the kind referred to in those subsections whether or not the orders were made after the commencement of this Act, but nothing in those subsections applies to—

Subsection (2) does not limit section 29.

This section applies if the parties to a final parenting order made under this Act agree to a variation of the order, or to a variation of any term or condition to which the order is subject (the proposed variation).

A party to the final parenting order may, instead of applying under section 56 for a variation of the order, file a consent memorandum seeking an order in terms of the proposed variation.

The consent memorandum must—

On the filing of a consent memorandum, the Registrar may make and seal an order varying the final parenting order in terms of the proposed variation set out in the memorandum.

In this section and sections 59 and 60,—

This section applies if the court—

The court may make an order for supervised contact between the child and that person, and, if it does so, the court must specify in the order whether the supervised contact is to occur—

This section applies only to supervised contact that is ordered under section 59 and supervised by an approved provider.

The number of sessions of the contact that will be funded out of public money must be determined in accordance with regulations made under section 147(2)(a) or, in the absence of regulations of that kind, by the Registrar or the court.

Fees in respect of the contact—

In determining whether to make an order or to issue a warrant or to respond in another way under any of sections 68 to 77, the court must (as required by section 4) consider whether the order or other response would serve the welfare and best interests of the child who is the subject of the parenting order concerned.

The court may not make orders or issue warrants under any of sections 72 to 77 contrary to the views of a child of or over the age of 16 years, unless the circumstances are exceptional.

On an application for the purpose by a party to a parenting order, the court may, if satisfied that another party to the order has contravened the order, do any of the following:

The court may (as well as, or instead of, exercising its powers under subsection (1)) consider making an order or issuing a warrant under any of sections 70 to 77 if—

Nothing in this section limits other powers of the court to deal with a contravention of a parenting order.

On receiving an application under this section, the Registrar—

On an application for the purpose or on its own initiative, the court may issue a summons requiring a person to attend at a time and place to be specified in the summons if the person fails to comply with—

Section 159 of the Criminal Procedure Act 2011 applies to a summons under this section as if it were a witness summons issued under that section.

On an application for the purpose or on its own initiative, the court may order a party who has contravened a parenting order to enter into a bond as an assurance that the party will not contravene the parenting order again.

Before making an order under subsection (1), the court must consider the extent (if any) to which the party has sufficient means to deposit an amount of money in the court.

The bond must specify—

If, after entering into the bond, the party contravenes the parenting order again, the court may, at its discretion and on an application for the purpose, direct that some or all of the bond is forfeited to the Crown, but the court must exercise its discretion by taking into account—

Following the earlier of the following dates, the bond is no longer required, and the court must make all reasonable efforts to refund to the party any money not forfeited by a direction of the court under subsection (4):

Nothing in this section prevents the court, on an application for the purpose or on its own initiative, from revoking the order and directing that any money not forfeited by a direction of the court under subsection (4) be refunded to the party.

On an application for the purpose or on its own initiative, the court may order a party to a parenting order (party B) to reimburse another party to the order (party A), either wholly or in part, for costs party A incurred, if the court is satisfied—

An order under subsection (1) (the costs order) may require costs (being costs party A incurred and is, under the order, entitled to be reimbursed for by party B) to be satisfied from money—

Nothing in this section limits section 121 or section 142.

In this section, eligible person, in relation to a child, means a person who, at the time of the application, has the role of providing day-to-day care for the child—

On an application for the purpose by an eligible person, the Family Court or the District Court may issue a warrant authorising a constable or a social worker or any other person named in the warrant to take the child (using reasonable force if necessary) and to deliver the child—

However, if 2 or more persons have the role of providing day-to-day care for a child, no warrant under this section may authorise—

In this section, eligible person, in relation to a child, means a person who, at the time of the application, is entitled to have direct contact with the child under a parenting order, an order for supervised contact, or an overseas parenting order registered under section 81.

On an application for the purpose by an eligible person, the Family Court or the District Court may issue a warrant authorising a constable or a social worker or any other person named in the warrant to take the child (using reasonable force if necessary) and to deliver the child—

The court may issue a warrant under section 72 or section 73 either on or after making a parenting order or an order for supervised contact.

Neither section 72 nor section 73 affects any other power—

If the Family Court declines under section 72 or section 73 or in the exercise of a power to which subsection (2) relates to enforce the role of providing day-to-day care for, or an order for contact with, a child, it may, on its own initiative but subject to section 83(2) and (3), vary or discharge any existing order relating to that role or contact accordingly.

For the purpose of executing a warrant issued under section 72 or section 73, a constable or a social worker or any other person named in the warrant may enter and search any building, aircraft, ship, vehicle, premises, or place, with or without assistance, and by force if necessary.

The constable, social worker, or other person executing the warrant under section 72 or section 73—

An authority (as defined in section 77(1)) may authorise the use, for the purpose of executing the warrant, of a faxed copy of a warrant issued under section 72 or 73 or 77.

However, no authorisation may be granted under subsection (1) in relation to a warrant unless the authority is satisfied, having regard to the circumstances of the case, that any delay in executing the warrant that may be caused if a faxed copy is not able to be used for that purpose would or might unduly prejudice the purpose for which the warrant was issued.

An authority may exercise the power conferred by subsection (1) either on or after issuing the warrant, and either on its own initiative or on an application for the purpose made to it by—

If an authority grants an authorisation under subsection (1) in relation to a warrant, the authority must first write on the front of the warrant, and then sign, a note that states—

A faxed copy of a warrant in respect of which an authorisation granted under this section is in force must, for all purposes, be treated as if it were the warrant, and the provisions of this Act (for example, sections 75 and 79) apply accordingly with all necessary modifications.

Without limiting any other enactment or rule of law, section 44 of the Policing Act 2008 (which relates to protection of Police employees for acts pursuant to process) applies in relation to a faxed copy of a warrant in respect of which an authorisation granted under this section is in force as if that faxed copy were the warrant.

Subsection (6) is for the avoidance of doubt.

In this section and section 76, authority means a High Court Judge or District Court Judge or Family Court Judge or, if no High Court Judge or District Court Judge or Family Court Judge is available, any Registrar of the High Court or of the District Court (not being a constable).

An authority may, on an application for the purpose by any person, exercise the powers stated in subsection (3) if the authority believes on reasonable grounds that a person may take a child out of New Zealand with intent to, or in circumstances where the taking of the child out of New Zealand would be likely to,—

In the situation stated in subsection (2), the authority—

An order made under subsection (3)(c) may specify that the order is to continue until—

Sections 75 and 79 apply, with all necessary modifications, to every warrant under subsection (3)(a) as if every warrant of that kind were a warrant under section 72 or section 73.

A person against whom an order under subsection (3)(b) or (c) is in force may apply to the authority for the discharge of the order, and the authority may, if it thinks fit, discharge the order accordingly.

No proceedings for contempt of court may be taken against a person in respect of an act authorised or required by this section or by an order or warrant made or issued under this section.

An order under section 77(3)(c) must not be made in respect of a child of or over the age of 16 years unless there are special circumstances.

An order under section 77(3)(c) made in respect of a child under the age of 16 years expires when the child attains that age unless the court in special circumstances orders otherwise on or after making the order.

On an application for the purpose by any person, a High Court Judge, a District Court Judge, or a Family Court Judge may suspend an order made under section 77(3)(c).

On an application for the purpose, a Registrar of the High Court, or of the District Court, may suspend an order made under section 77(3)(c) if—

A suspension of an order made under section 77(3)(c) must be—

A person commits an offence who, without reasonable excuse, intentionally—

A person who commits an offence under subsection (1) is liable on conviction to—

Nothing in this section limits the power of a court to punish a person for contempt of court.

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding $2,500 who—

Every person commits an offence and is liable on conviction to a fine not exceeding $2,500, or to imprisonment for a term not exceeding 3 months, or to both, who, without the leave of the court, takes or attempts to take any child out of New Zealand—

If the following documents are transmitted to the Secretary, he or she must send them to a Registrar of the District Court:

The Registrar of the District Court must register the order by filing a certified copy of the order in the court.

A Registrar of the District Court who receives the documents referred to in subsection (1) other than from the Secretary may register the order concerned if the Registrar is satisfied that the nature of the documents is such that, if they had been transmitted to the Secretary, the Secretary would have sent them to the Registrar.

If an overseas parenting order is registered in a court under section 81, then, so long as the registration is not cancelled, the order may be enforced, varied, or discharged as if it were an order made by that court under this Act.

This section is subject to sections 83 and 85(1).

If an overseas parenting order is registered in New Zealand under section 81 and that order relates to the role of providing day-to-day care for a child, or to having contact with a child, or to both of those matters, no court in New Zealand (other than in proceedings under any of sections 72 to 76) may, in respect of any matter determined by the overseas parenting order, exercise jurisdiction in relation to the child who is the subject of the order unless—

If a court in New Zealand exercises jurisdiction in proceedings relating to the role of providing day-to-day care for, or relating to having contact with, a child who is the subject of an overseas parenting order that is registered in New Zealand under section 81, the court must not make an order about the role of providing day-to-day care for, or about contact with, the child unless the person who commenced the proceedings satisfies the court—

If a court in New Zealand exercises jurisdiction in proceedings relating to the role of providing day-to-day care for, or relating to having contact with, a child, and does so without notice of the existence of an overseas parenting order relating to that child and that is registered in New Zealand under section 81, any order made by the court on or after the date of the registration of the overseas parenting order and that is in respect of any matter determined by the overseas parenting order is of no effect.

If a court exercising jurisdiction under sections 56 and 82 makes an order varying or discharging an overseas parenting order, the Registrar of the court exercising that jurisdiction—

The Registrar of the court in which the overseas custody order is registered must, on receiving notice of the discharge or variation of that order, note the court’s records accordingly, and, if the overseas parenting order is discharged, must cancel the registration of that order.

A court must not enforce an overseas parenting order under section 72 or section 73, and must not exercise jurisdiction in respect of the order under sections 56 and 82, if the court is satisfied that the order—

The Registrar of a court in which an overseas parenting order is registered must cancel the registration of the order and inform the court in the prescribed overseas country of the cancellation if he or she is satisfied that the order is not enforceable in the prescribed overseas country in which it was made, and is satisfied of those matters by—

For the purposes of subsection (1), an overseas parenting order is not unenforceable in the country in which it was made just because the child to whom the order relates or any other person affected by the order is no longer in that country.

Nothing in section 81 prevents a court from receiving evidence of an order made in an overseas country (whether or not that country is a prescribed overseas country) and relating to the role of providing day-to-day care for, or relating to contact with, a child.

This section applies to a court if, for the purpose of enforcing the role, conferred by an overseas parenting order that is registered in New Zealand, of providing day-to-day care for a child, the court issues, or has issued, in relation to any child, a warrant under section 72.

The court may, if it thinks just, make, against any person who has knowingly abducted the child, or who is deliberately holding the child, in contravention of the overseas parenting order, an order for the payment of some or all of the costs of returning the child to the person who, under the overseas parenting order, has the role of providing day-to-day care for the child.

The costs referred to in subsection (2) may include the costs and travelling expenses of any necessary escort.

If an application under either sections 56 and 81 or section 87 is heard in the District Court,—

For the purposes of sections 72 to 76 and sections 81 to 88,—

A document purporting to be signed, certified, or verified by a person in subsection (1) must be admitted in evidence in proceedings for the purposes of sections 72 to 76 or sections 81 to 88 if it appears to be relevant to those proceedings.

Depositions taken for the purposes of any of sections 72 to 76 or sections 81 to 87 in a court in any prescribed overseas country may be received in evidence in proceedings for the purposes of any of sections 72 to 76 or sections 81 to 87.

The Governor-General may, by Order in Council, declare a country outside New Zealand to be a prescribed overseas country for the purposes of this Act.

An order under subsection (1)—

Subsection (2) applies to an order (not being an interim order or an order made without notice)—