1. Turn your parenting arrangements into a court order

Turn your parenting arrangements into a court order

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Overview

You can ask the Family Court to turn the parenting arrangements from your private parenting plan into a court order.

Who can apply

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:

  • be named in the application
  • swear or affirm the information in the form is correct
  • consent to the application being made.

You can still apply to the Family Court if everyone agreed and then someone changed their mind.

Apply for a court order to settle parenting arrangements

How to apply

1

Understand what you need

The information you provide in your application form will act as your affidavit.

Affidavits

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.

Apply for a fee waiver

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.

Get legal advice and help

2

Complete the application forms

Complete the form below when making your application:

Joint application to make a new Parenting Order by consent [PDF, 736 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.

Find your nearest court

You must print the forms single sided.

If you're not the child's parent or legal guardian

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.

3

Get all your documents together

Your application must include:

  • a completed and signed application form. The application must name all interested parties, and they must have completed the swearing and affirmation.
  • a completed and signed fee waiver form (if you’re asking for the application fee to be waived)
  • enough copies of your application for yourself and everyone involved.
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

There may be fees or costs involved when using the Family Court. This may include:

  • application filing fee
  • lawyers’ fees and charges
  • cost contribution orders

Family Court fees and funding

Costs you need to pay after your case

Options if you can’t pay the application fee

After you apply

After you apply, a judge will consider your application and decide whether to make a ‘Parenting Order’.

The judge may:

  • want to hear from you in person
  • appoint a lawyer for child to understand your 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, 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 for your case to be finalised in court depends on the following.

  • If a judge asks for more information
  • How soon you or other people take to give any extra information a judge asks for
  • How soon the court can look at your case (especially if a conference or hearing is needed)
  • The number of adjournments made by the judge.

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