Prior to applying to the Family Court for a Parenting Order

If you are applying for a Parenting Order, there is a requirement to show that a Family Dispute Resolution has been attempted within the last 12 months. It also must be shown that a “Parenting Through Separation” course has been completed within the last two years.

In the case of parenting disputes, Family Dispute Resolution mediation can help families reach agreements regarding children’s care arrangements. This is considered the first step before Court proceedings are attempted for non-urgent matters because the mediation can be helpful for families to reach a successful outcome while still maintaining some control over the outcome.

Is your order urgent?

Family Dispute Resolution is mandatory for most parties wishing to commence proceedings, however there are circumstances where parties can go directly to the Family Court for an urgent order.

If one of the parties is applying for an urgent order from the Family Court, this can be done without attending mediation or parenting courses.

You may need to apply for an urgent order if you or your child’s safety is at risk or if there is a risk of violence or harm to you or your child or children. Other circumstances include if someone is attempting to take your child out of the country or if either parent or guardian is unable to safely look after their children.

If you are applying for an urgent order, it is done on a without notice basis. This means that the other party cannot see or respond to the application for an order without it first going to a Judge. The Judge will then decide whether an urgent order is required. The other party will be able to see the application or Orders it may create and respond once it has been seen by a Judge.

What type of Parenting Order are you applying for?

There are several different types of Parenting Orders that the Family Court can grant.

A new Parenting Order can be made when there is no existing order, or you are asking to remove the existing order.

You can ask the Court to change an existing order if you are a person affected by the order such as a parent or guardian of the child involved.

An application can be made to discharge a Parenting Order if it is no longer necessary.

You can ask a Court to enforce an order and the Court has the discretion to give a formal warning to the breaching party, change or remove an order, or if found to be in breach, require the other party to pay costs.

A warrant can be requested to enforce the terms of an order, such as contact or day to day care, which can be enforced by a police officer or social worker.

You can also apply to suspend a Parenting Order. This puts a temporary hold on the order in some instances, such as when obtaining a Police Safety Order.

What do you need for an application?

For an application for a Parenting Order, you must have completed and signed an application form. To support your application, you will need to swear or affirm affidavit evidence and include this in your application. Alongside these items, you will also need an information sheet.

Most applications being filed in the Family Court require a filing fee. You will need to find out what the filing fee is for the specific order you are asking the Court to grant and pay this.

If an order is non-urgent, you will need to provide the Court with a ‘Parenting Through Separation’ and an ‘Outcome of Family Dispute Resolution’ certificate. This tells the Court that you have been through mediation and a parenting course prior to going to Court.

If you are asking the Court to waive the application fee, a completed and signed fee waiver form must be provided to the Court.

How do you file an application?

Your application can be filed electronically, in person or via post.

If a Judge decides your application is urgent to the point that it requires the order to be made without notice to the other party, then an interim order can be made within 12-24 hours. The other party will be able to respond before a final order is made, but they cannot prevent an interim order being made.

If your application is not urgent, the Court will give the other people named in your application time to respond. If they respond you will be provided with a copy of their response. Then, a Judge will schedule a Judicial Conference before deciding whether the matter requires hearing. A lawyer can help you apply for a Parenting Order and represent you in the Court proceedings.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.

 

Please note that Rainey Collins is not contracted to provide Legal Aid, other than in the Treaty of Waitangi area.  We therefore are unable to take on any Civil or Family Legal Aid work. If you require Legal Aid in those areas, you can search the list of Legal Aid lawyers on the Ministry of Justice website.