Can't agree on parenting arrangements

Ask the court to decide

Overview

If you can't reach a private parenting agreement, you can apply to the Family Court to decide for you.

In this section

Apply for a court order to settle parenting arrangements Understand how to ask the Family Court for an order to settle parenting disagreements File a consent memorandum Understand how to file a consent memorandum at the Family Court when everyone has come to an agreement during the case.

A young man and his lawyer sit in a court room in front of a female judge.

You can apply for two types of orders in this situation

If you disagree about who looks after the child or when other whānau members see the child, you can apply for a ‘Parenting Order’.
If you disagree about guardianship issues, you can apply for an ‘Order to settle Disputes between Guardians’.

Guardianship issues include what school the child goes to, medical treatment (other than routine medical matters), what their culture, language and religion will be and any changes to their name.

If you come to an agreement after you've applied to the Family Court

You and the other people involved in the case may come to an agreement at any time after an application has been made to the Family Court. You will need to ask the Family Court to consider making what you’ve agreed into an order. To do this, you and the other people involved in the case must file a consent memorandum.

Resources in other languages and alternate formats

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Resources in other languages
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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