Self-Represented in NZ Family Court: What Grandparents Need to Know
Why So Many Grandparents Represent Themselves
Private family lawyers in New Zealand charge between $300 and $500+ per hour, and a contested parenting order application can run to dozens of hours of legal work. For grandparents living on New Zealand Superannuation or a modest fixed income, full representation is often out of reach — and legal aid eligibility thresholds leave many in a gap where they earn too much to qualify but too little to afford a lawyer.
The Family Court is designed to be accessible to unrepresented litigants. You can file your own application, draft your own affidavit, and present your own case at a hearing. But going in without a plan is where things go wrong.
What Self-Represented Litigants Can and Cannot Do
You have the same rights as a lawyer-represented party: you can file applications, cross-examine witnesses, make submissions, and request adjournments. The judge will not lower the evidential standard because you do not have a lawyer, but most Family Court judges make reasonable allowances for procedural unfamiliarity — they may explain a step before asking you to take it.
What you cannot do is get procedural help from court staff. The court Registrar files and stamps your documents but cannot advise you on which orders to apply for or how to structure your affidavit. Kaiārahi (Family Court navigators) can walk you through the process and explain what happens at each stage, but they are legally prohibited from drafting documents or giving legal advice.
Preparing Your Application Without a Lawyer
Use the Ministry of Justice Form Generator. The official online tool walks you through the application form for a parenting order under Section 48 of the Care of Children Act 2004. It ensures you do not miss required fields, including the Section 47 leave-to-apply tick box that grandparents and relatives need.
Get your affidavit reviewed. Community Law Centres offer free appointments to eligible applicants and can review your draft affidavit before you swear it. Even a single review session catches the most common problems — hearsay without attribution, missing exhibit references, or failure to address the leave threshold.
Complete your prerequisites first. Before filing an on-notice application, you need a Parenting Through Separation (PTS) certificate (free four-hour course, valid for two years) and a Family Dispute Resolution (FDR) outcome certificate (valid for 12 months). Statutory exemptions apply for family violence, urgency, or consent applications.
Print everything single-sided. The registry rejects double-sided documents. Bring the original plus enough copies for every respondent, plus one for yourself.
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What Happens at the Hearing
Family Court hearings are closed to the public under Section 137 of the Care of Children Act. Only parties, their lawyers, the Lawyer for Child, court staff, and approved support persons attend. You may bring one support person — a trusted friend or family member — with the judge's permission. They sit beside you but do not speak unless the judge invites them.
When it is your turn to present evidence, stand (unless the judge says otherwise), refer to your affidavit by paragraph number, and address the judge as "Sir" or "Ma'am." If you do not understand a question, say so — asking for clarification is better than guessing.
Electronic devices must be switched off. Recording audio or video inside the courtroom is illegal.
Free Resources That Fill the Gap
- Community Law Centres — free legal advice appointments for eligible individuals, including affidavit review
- Grandparents Raising Grandchildren Trust (GRG) — field officers, support groups, and a free helpline (0800 474 274)
- Citizens Advice Bureau — help finding a Justice of the Peace to witness your affidavit (free), general form guidance
- Family Court Information Line — 0800 268 787 for court form packs and registry locations
Making the Most of Limited Legal Help
If you can afford one or two hours of a lawyer's time but not full representation, use those hours strategically. Have them review your completed affidavit and application pack rather than draft it from scratch — you will get far more value per dollar.
The NZ Parenting Orders and Guardianship guide was built for exactly this situation: a structured filing sequence that helps you prepare your documents methodically so every minute of professional advice counts.
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