Apply for an Order Preventing Removal

It’s free to apply for an Order Preventing Removal.

  1. Fill in these 2 forms:
    Order Preventing Removal (external link)
    Choose if you’re applying on notice or without notice. Choose without notice if you believe the child will be taken out of the country in the very near future. The judge will look at the application and can make the Order straightaway and the other person will get to have their say afterwards. If you apply on notice, the other person will be given the chance to respond to your application before the court decides whether to make the Order.

    In the form, tell the court that taking the child out of New Zealand would breach a current Parenting Order or tell the court you have applied for a Parenting Order or are about to apply and the other person is about to take the child overseas to prevent you getting day-to-day care or contact under an Order.

    In the form, tell the court why you believe the child may be removed. For example, the other parent may have booked travel tickets, applied for a passport for the child or said they will take the child overseas with them.

    Request for a border alert [PDF, 176 KB]
    If the Order Preventing Removal is made, a border alert will be entered into the Border Alert System. This means that when the child’s details are checked on the Customs system at any New Zealand sea port or airport, the child can be stopped from leaving the country.
  2. File your application with the court.
    Find out more about how to file documents
  3. Serve your documents on the other people.
    Find out more about serving documents

Using a lawyer and getting help to pay for a lawyer

Urgent applications (made without notice)

If you application is urgent (made without notice) you can have a lawyer help you apply for the Order and represent you in court.

If you can’t afford a lawyer you may be able to get:

Find out more about urgent applications

Standard applications (made on notice)

If your application is not urgent, you can choose to use a lawyer to help you with some steps in the process. This includes help to fill in the forms.

The court will tell you if you can use a lawyer at each step.

If you can’t afford a lawyer, you may be able to get:

Back to top

This page was last updated: