Section 126 — Care of Children Act 2004: Personal jurisdiction

126 Personal jurisdiction (1) The Court has jurisdiction under this Act in any of the following cases: (a) if a question of guardianship of a child, or of the role of providing day-to-day care for a child, or of contact with a child, arises as an ancillary matter in any proceedings in which the Court has jurisdiction; or (b) if the child who is the subject of the application or order is, when the application is made, present in New Zealand; or (c) if the child, a person against whom an order is sought, or the applicant, is, when the application is made, domiciled or resident in New Zealand. (2) Despite subsection (1) , the Court may decline to make an order under this Act if— (a) neither the person against whom it is sought nor the child is resident in New Zealand; and (b) the Court is of the opinion that no useful purpose would be served by making an order or that in the circumstances the making of an order would be undesirable. (3) Nothing in this section applies to an appointment (of an eligible spouse or partner of a parent as an additional guardian) under section 23 . Compare: 1968 No 63 s 5 Subsection (3) was amended, as from 1 July 2005, by section 3 Care of Children Amendment Act 2005 (2005 No 5) by substituting the words “ spouse or partner of a parent ” for the words “ partner of a parent ” .