Parenting Order NZ: How to Apply in the Family Court

What a Parenting Order Actually Does

A parenting order is the formal mechanism under Section 48 of the Care of Children Act 2004 (COCA) that determines who a child lives with and who has contact. It replaced what used to be called "custody" and "access" — those terms have no legal standing in New Zealand any more. The Family Court can grant day-to-day care (the child lives with you), contact (scheduled time with the child), or both in a single order.

Grandparents, aunts, uncles and other relatives can hold a parenting order. Parents keep their guardianship rights unless the court separately removes them — a parenting order doesn't do that on its own. If you need authority over school enrolment, medical consent or passport applications, you'll need a guardianship order alongside the parenting order.

Who Can Apply

Parents and existing guardians have automatic standing. Everyone else — grandparents, whānau members, family friends — needs leave (permission) from the court under Section 47.

There is one narrow exception. Under Section 47(2), a grandparent or sibling of the child's parent 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. That exception covers contact only — if you want day-to-day care, you still need leave even when a parent has died.

The leave application isn't a separate proceeding. You tick the "Eligibility (leave to apply)" box on the main application form and file a supporting affidavit explaining your relationship with the child, your involvement in their life, and why the order serves the child's welfare.

Before You File: Two Mandatory Steps

Unless you qualify for an exemption, you must complete both of these before the court accepts your application:

Parenting Through Separation (PTS) — a free four-hour course run by providers like Barnardos and Skylight. It focuses on the emotional impact of care disputes on children. Your completion certificate is valid for two years.

Family Dispute Resolution (FDR) — formal mediation with an approved provider. If the dispute doesn't resolve, the mediator issues a Form 12 outcome certificate confirming you attended. That certificate is valid for 12 months.

You're exempt from both if the application is urgent (child safety), family violence is involved, you're filing a consent application, or the child is already in Oranga Tamariki proceedings.

The Application Pack

Your filing pack consists of:

• Application form — generated through the Ministry of Justice online form generator or filled in by hand. Tick the leave box if you're not a parent or guardian. Specify whether you want day-to-day care, contact, or both.
• Information sheet — demographics, contact details, interpreter needs for all parties and children.
• Supporting affidavit — a sworn statement of facts setting out the care history, why court intervention is necessary, and evidence supporting the child's best interests. This must be sworn before a Justice of the Peace, court registrar, or solicitor.
• PTS and FDR certificates — or an affidavit claiming exemption.
• Request for confidentiality — optional, to withhold your address from the respondent if family violence is involved.

All hand-completed forms must be printed single-sided on A4 paper. The court will reject double-sided submissions.

Filing Fee and Waivers

The filing fee for a parenting order application is NZ$257 (GST inclusive). Older sources still quote $220 — that figure is outdated.

The court registrar can waive the fee under Regulation 7 of the Family Court (Fees) Regulations 2009 if you receive legal aid, depend on a qualifying benefit (Jobseeker Support, Sole Parent Support, Supported Living Payment, Emergency Benefit), rely wholly on NZ Superannuation or a Veteran's Pension, or can demonstrate undue financial hardship. Filing the fee waiver form (CS-FW) automatically postpones the fee while the registrar considers your application.

How to File and Serve

You can file at the Family Court registry nearest to where the child lives — in person, by post, or by emailing PDF copies with visible original signatures. The registrar date-stamps your documents, opens a file, and assigns a court file number.

Unless you're filing without notice, you must serve a copy of the stamped documents on every respondent parent and guardian. You cannot serve the papers yourself — it must be done by an independent adult (a process server, bailiff, or another suitable person). The server then completes an Affidavit of Service. The respondent has 21 calendar days to file a Notice of Response.

What Happens Next

After filing, the court moves through case management conferences, possible appointment of a Lawyer for Child, specialist reports (social worker under s132, psychologist under s133), a judicial settlement conference, and — if no agreement is reached — a formal hearing. Family Court hearings are closed to the public.

The entire process can take months. An interim order may be granted quickly if there's urgency, but a contested final hearing takes time.

Getting Your Bearings

If you're a grandparent or relative starting from scratch, the volume of paperwork and rules can feel overwhelming. Our NZ Parenting & Guardianship Orders guide walks through every step from FDR to the sealed court order, with fillable checklists for each stage, a court-process timeline tracker, and the fee waiver eligibility criteria side by side. It won't replace a lawyer — but it will help you walk into that registry knowing exactly what you need.

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