1. Receiving a notice of application

Receiving a notice of application

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Overview

If you receive a notice of application from the Family Court, then you’ve been named as a party in an application. This means someone has made an application to the Family Court about a child in your life.

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Why have I received a notice of application

You might receive a notice of application because:

  • everyone doesn’t agree on who will look after your child day-to-day or when other whānau members see the child
  • everyone doesn’t agree on guardianship issues, such as what school the child goes to, medical treatment, what their culture, language and religion will be or any changes to their name
  • someone wants to change, enforce, or cancel an existing court order.

Ask a court to decide on parenting arrangements

The notice of application will include:

  • the application
  • any affidavits
  • the information sheet
  • a ‘Notice to Respondent’ – this document tells you an application has been filed and what you need to do
  • any other required documents – this includes any interim court orders.

If you receive an interim court order

Sometimes a judge will decide to make an urgent order before you have a chance to respond. This is called an interim order, and it is only temporary. If this happens, a copy of the interim order will be given to you with the application. You’ll still get a chance to respond before a final order is made.

When you respond, remember that you aren’t responding to any interim decisions made by the court. Focus your response on what has been said in the application and what you agree and don’t agree with.

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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