Have a child returned to Aotearoa New Zealand

The Central Authority helps with all incoming and outgoing cases

The Central Authority is the first point of contact for all applications under the Hague Convention. There is a Central Authority in each Hague Convention member country, and they all work differently depending on the member country.  

They work with each other to help in incoming and outgoing cases.

‘Outgoing’ cases include:

• when a child has been wrongfully taken from Aotearoa New Zealand to another country
• when a child isn’t returned to Aotearoa New Zealand from another country.

‘Incoming’ cases include:

• when a child has been illegally brought into Aotearoa New Zealand from another country
• when a child isn’t returned to another country from Aotearoa New Zealand.

When you can apply to have a child returned

You can apply to have a child returned to Aotearoa New Zealand if you meet all of the following.

• the child is under 16 years of age
• the child was living in Aotearoa New Zealand at the time they were taken overseas
• you’re the legal guardian of the child at the time the child was taken overseas (even if you don’t have day-to-day care of the child)
• the child was taken or kept overseas without your agreement or the agreement of the Family Court
• the child has been removed or detained in a Convention Country.

Action taken depends on what country the child is in

Action taken depends on what country the child is in, and whether the country is part of the Hague Convention.

Hague Convention countries(external link)

Contact the Central Authority at the Ministry of Justice to apply to have a child returned to Aotearoa New Zealand. You can also talk to a lawyer.

Get legal advice and help

How to contact the Central Authority

Email: patricia.bailey@justice.govt.nz

Phone: 027 337 3612(external link) or 04 918 8800(external link) (or +64 4 918 8800 if you’re outside Aotearoa New Zealand).

Postal address:  Central Authority, Hague Convention
                             Ministry of Justice
                             SX10088
                             Wellington
                             Aotearoa New Zealand

You can use a New Zealand Post mailbox. If you use a DX mailbox your mail will get to us faster.

You may need to pay fees

To have a child returned to Aotearoa New Zealand, you usually don’t need to hire a lawyer. The Central Authority will assign you legal help to prepare the documents for the Central Authority in the country where the child has been taken to.

The Central Authority in the other country will also assign a lawyer. Fees required in other countries may vary. In some countries, there is no fee and legal help is free through the Central Authority of that country. If you’re unsure, contact the Central Authority in Aotearoa New Zealand.

If you want to privately engage a lawyer in the other country, check what the lawyer’s costs are. You’ll have to pay for this yourself.

If a child is returned, you may want to apply for a parenting order

If the child comes back to Aotearoa New Zealand and you want to have day-to-day care of the child, you might want to apply for a Parenting Order. 

Apply for a Parenting Order