Day to Day Care Order NZ: What It Means Under the Care of Children Act

"Custody" Doesn't Exist Any More

When the Care of Children Act 2004 (COCA) came into force on 1 July 2005, it replaced the old concepts of "custody" and "access" with modern, child-centred terms. What used to be custody is now day-to-day care. What used to be access is now contact. If you search for "custody order NZ," you'll find outdated information — the Family Court hasn't made custody orders for over twenty years.

What Day-to-Day Care Means

A day-to-day care order under Section 48 of COCA determines who the child lives with. It covers the practical, physical care of the child: where they sleep, what they eat, getting to school, supervising homework, managing their daily routine.

Day-to-day care can be:

• Sole — the child lives with one person
• Shared — the child splits time between two or more people

The order specifies the arrangement. It can also include conditions — for example, that the caregiver must live within a certain area, or that handovers happen at a specific location.

What Day-to-Day Care Doesn't Cover

A day-to-day care order does not grant guardianship. The parents remain the child's legal guardians unless the court makes a separate order. This means the caregiver with day-to-day care still needs the guardian's consent for major decisions: medical treatment, school changes, passport applications, and travel overseas.

If you're a grandparent with day-to-day care but not guardianship, you'll run into this gap every time an institution asks for guardian authority. That's why most grandparents apply for both a parenting order (for care) and a guardianship order (for decision-making) at the same time.

How Contact Orders Work Alongside Care

A parenting order under Section 48 can address both day-to-day care and contact in a single order. If a grandparent has day-to-day care, the same order typically sets out the parent's contact schedule — weekend visits, holidays, phone calls.

Contact can be:

• Direct — in-person visits
• Indirect — phone calls, video calls, letters
• Supervised — a third party must be present during visits (used when there are safety concerns)

Who Can Apply for Day-to-Day Care

Parents and existing guardians have automatic standing. Under Section 47 of COCA, everyone else needs leave (permission) from the court.

The leave application is folded into the main application — you tick the eligibility box on the form and file a supporting affidavit. The court considers whether granting leave serves the child's welfare and best interests before proceeding to the substantive application.

There's one exception under Section 47(2): a grandparent can apply for a contact order without leave if a parent has died, been refused contact by court order, or is making no attempt to exercise contact. But this exception doesn't extend to day-to-day care — only contact.

The Welfare Test

The court's decision is governed by Section 4 of COCA: the welfare and best interests of the child. The judge considers the child's safety, existing relationships, their views (through the Lawyer for Child), the quality and stability of the care being offered, and any history of violence or harm.

A grandparent who has been the child's primary caregiver for an extended period is in a strong position. The court values stability and continuity for the child.

What Happens After the Order

Once the court makes a day-to-day care order, the registry issues a sealed copy — a stamped, signed document you can present to schools, doctors, Work and Income, and other agencies as evidence of your legal care arrangement. It can help document your care arrangement when you apply for the Unsupported Child's Benefit or deal with an agency that asks for proof of care.

Our NZ Parenting & Guardianship Orders guide walks through the full process of applying for day-to-day care and guardianship together, with an application readiness checklist and a comparison table showing exactly what each order covers.

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