Grandparents Parenting Order New Zealand: Leave to Apply and the Court Process

The Leave Hurdle Most Grandparents Don't Know About

Parents can walk into the Family Court and file for a parenting order. Grandparents can't — not without the court's permission first. Under Section 47(1)(d) of the Care of Children Act 2004, grandparents, aunts, uncles, whānau members and other non-parent caregivers must obtain leave to apply before the court will consider their application.

This isn't as daunting as it sounds. The leave application is built into the main application form — you tick the eligibility box and file a supporting affidavit alongside everything else. But your affidavit needs to be strong, because if leave is refused, the entire application is dead without the court ever considering the merits.

The Section 47(2) Exception

There's one shortcut. Under Section 47(2), a grandparent or sibling of the child's parent can apply for a contact order without needing leave if:

• A parent of the child has died
• A parent has been refused contact by court order
• A parent who has contact rights is making no attempt to exercise them

This exception applies only to contact (visits, phone calls, video calls). If you want the child to live with you — day-to-day care — you still need leave, even when a parent has died. Don't rely on Section 47(2) for anything beyond contact.

Building Your Leave Affidavit

The affidavit is the most important document in your application. The judge reads it to decide whether to grant leave — and if leave is granted, the same affidavit supports your substantive application. It should cover:

Your relationship with the child — how long you've known them, how often you've been involved in their life, what your role has been (daily childcare, school pickups, overnight stays, full-time care).

Why the parents can't provide care — specific facts, not opinions. The parent is in prison (include dates and facility). The parent has a documented substance dependency. The parent has abandoned contact. The parent has died (attach the death certificate). Be factual and measured — the court doesn't respond well to emotional attacks on the parent.

Why the order serves the child's welfare — the child is settled in your home, enrolled in a local school, has medical care established, has a support network. Show stability.

What you're asking for — day-to-day care, contact, guardianship, or a combination. Be specific about the arrangements you're proposing.

The affidavit must be sworn before a Justice of the Peace, court registrar, or solicitor. Write it in the first person: "I am the maternal grandmother of [child's name]..."

The Pre-Filing Steps

Before you can file (unless exempt), you need:

1. Parenting Through Separation (PTS) — a free four-hour course. Certificate valid for two years.
2. Family Dispute Resolution (FDR) — formal mediation with an approved provider. Certificate valid for 12 months. If the parent refuses to attend or the mediator assesses the situation as unsuitable, you still get a Form 12 outcome certificate.

Exemptions apply for urgency, family violence, consent applications, and active Oranga Tamariki proceedings.

Filing, Fees, and Service

File at the Family Court registry closest to where the child lives. The fee is NZ$257 — or apply for a waiver on Form CS-FW if you're on a benefit, NZ Superannuation, legal aid, or can show financial hardship.

Every parent and guardian must be personally served with the filed documents by an independent adult. They have 21 days to respond. If a parent can't be located, you can apply for substituted service (service via social media, email, or family members).

Guardianship: The Other Half

A parenting order gives you day-to-day care. It doesn't give you guardianship — the authority to consent to medical treatment, choose a school, or sign a passport application. Most grandparents need both.

Apply for a guardianship order under Section 27 at the same time. There's no additional filing fee for guardianship when it's combined with a parenting order application.

What Grandparents Should Expect

The court process can take several months for a contested application. You may encounter:

• Case management conferences
• Appointment of a Lawyer for Child (independent — they don't take instructions from you)
• A Section 132 social worker report (home assessment, background checks)
• A Section 133 psychological or cultural report
• A judicial settlement conference
• A formal hearing if settlement fails

Throughout, the court applies one test: the welfare and best interests of the child under Section 4 of COCA.

Our NZ Parenting & Guardianship Orders guide walks through every step of this process with fillable checklists, an application readiness checklist, and worked examples for common grandparent scenarios including the prison scenario and the fee waiver process.

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