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You can ask the Family Court to turn the parenting arrangements from your private parenting plan into a court order.
Anyone who made the parenting plan can ask the Family Court to turn the parenting arrangements into a court order. You may need to do this if you think you may need the court to enforce the ‘Parenting Order’ later. For example, if someone has not followed the agreement in the past.
If everyone agrees on the parenting plan and you don’t have an application for a Parenting Order going through the court already, you can make a joint application. The judge needs to be satisfied that everyone willingly agreed. Everyone who has care or contact responsibilities for the child should:
You can still apply to the Family Court if everyone agreed and then someone changed their mind.
The information you provide in your application form will act as your affidavit.
Everyone named in the application needs to swear or affirm the information in the application is correct. They also need to consent to the application being made.
Sign, swear or affirm an affidavit
You need to pay a filing fee for this application. You may be able to apply for a fee waiver if you need support to pay the filing fee.
Use a BLUE or BLACK ballpoint pen if you complete the forms by hand.
A lawyer can help you apply for court orders and they may also represent you in court.
Complete the form below when making your application:
Joint application to make a new Parenting Order by consent [PDF, 603 KB]
If you want the forms sent to you, freephone the Ministry of Justice on 0800 224 733. You can also pick them up from the court.
You must print the forms single sided.
You must ask the court's permission to apply if you are not the child’s parent, guardian, spouse or partner of their parent. This is called eligibility or asking for leave to apply. To do this, fill out ‘Part 1b’ on page 5 of the application form.
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.
There may be fees or costs involved when using the Family Court. This may include:
After you apply, a judge will consider your application and decide whether to make a ‘Parenting Order’.
The judge may:
How long it takes for your case to be finalised in court depends on the following.
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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.
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