Family Court Fees NZ: Filing Costs and Fee Waivers for Parenting Orders

The Current Filing Fee

The filing fee for a parenting order application under the Care of Children Act 2004 is NZ$257.00 (GST inclusive). This is set by the Family Court (Fees) Regulations 2009, as amended by the 2025 and 2026 amendment regulations.

If you've seen $220 quoted elsewhere, that's outdated. The fee was increased and the current figure is $257.

The same $257 fee applies to applications to vary or discharge an existing parenting order under Section 56 of COCA. Guardianship applications under Section 27 or Section 31 have no separate filing fee — if you're filing guardianship alongside a parenting order, you pay $257 once.

Other fee-free applications include disputes between guardians and protection order applications under the Family Violence Act.

How to Get the Fee Waived

Under Regulation 7 of the Family Court (Fees) Regulations 2009, the court registrar can waive the filing fee entirely if you meet any of these criteria:

Legal aid recipient — you've been granted legal aid for the proceeding.

Benefit dependency — you rely on a qualifying benefit for living expenses: Jobseeker Support, Sole Parent Support, Supported Living Payment, or Emergency Benefit under the Social Security Act 2018.

NZ Superannuation or Veteran's Pension — you rely wholly on NZ Super or a Veteran's Pension. This is particularly relevant for grandparents.

Undue financial hardship — you can show through financial documentation that paying the fee would cause severe hardship.

The Fee Waiver Process

You file Form CS-FW (Application for Fee Waiver) at the same time as your parenting order application. Filing the waiver form is free.

Under Regulation 8, submitting the fee waiver form automatically postpones the requirement to pay the filing fee while the registrar evaluates your application. You don't need to pay upfront and wait for a refund — the fee is on hold from the moment you file.

Attach supporting evidence:

• A copy of your benefit entitlement letter or payment summary from Work and Income
• Your legal aid grant letter
• NZ Superannuation confirmation
• Bank statements or financial records showing hardship

If the waiver is approved, the fee is cancelled. If declined, you must pay before further procedural steps can proceed.

Other Costs to Budget For

The $257 filing fee is the standard court fee for a Parenting Order application. The full process may involve other expenses:

Service of documents — someone must personally serve the respondent. A professional process server or court bailiff charges a fee. If you can find a suitable independent adult to do it for free, you save that cost.

Family Dispute Resolution — government-funded FDR sessions may be free or subsidised. Private providers charge their own rates.

Affidavit swearing — a Justice of the Peace can witness your affidavit for free. A solicitor typically charges.

Specialist reports — Section 132 (social worker) and Section 133 (psychologist) reports are court-funded when ordered by the judge. You don't pay for these.

Lawyer for Child — also court-funded when appointed by the judge.

Your own legal representation — family lawyers charge NZ$300–$500+ per hour. Legal aid may cover this if you qualify.

The Bottom Line for Grandparents

If you're on NZ Superannuation or a qualifying benefit, the filing fee can be waived entirely. Many grandparents raising grandchildren meet this threshold. The waiver process is straightforward — a single form with proof of your income source.

Our NZ Parenting & Guardianship Orders guide includes the complete fee waiver eligibility criteria with the arithmetic for each qualifying benefit, plus a checklist of every document you need to attach.

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