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StatuteCare of Children Act 2004

Section 57 — Care of Children Act 2004: Procedure if child's parents are parties to interim order

Text of the provision Official document

57 Procedure if child's parents are parties to interim order (1) If the parents of a child are parties to an interim order and, under the order, each of them has either the role of providing day-to-day care for, or contact with, the child,— (a) the order ceases to have effect (if it has not ceased to have effect sooner) on the following date: (i) the date that is 1 year after the day on which the order is made (the specified date ); or (ii) a later date the Court appoints, before or after the specified date, on an application for the purpose under this subsection before the specified date; and (b) the parents must take all reasonable steps to obtain a final order as soon as practicable. (2) In making an order as to costs, the Court may have regard to a failure to comply with subsection (1)(b) ; but nothing in this subsection limits the Court's powers under section 142 . (3) The Court must, as soon as practicable, assign a date that is within the next 3 months as the date for a hearing on whether a final order should be substituted for the interim order if— (a) an interim order is made on an application with notice or an application without notice; and (b) the parents of a child are parties to the order and, under it, one of them ( parent A ) has neither the role of providing day-to-day care for, nor contact with, the child. (4) However, if the interim order referred to in subsection (3)(a) was made on an application without notice, parent A may notify the Court that he or she wishes to be heard on whether a final order should be substituted for that interim order and, if he or she does so, the Registrar of the Court must, as soon as practicable, assign a hearing date that is— (a) as soon as practicable; and (b) unless there are special circumstances, within 42 days after parent A's notice is received by the Court. (5) In this section, interim order means— (a) an interim parenting order under section 48(1) ; or (b) an interim order under section 53(2) or section 54(1) . Compare: 1995 No 86 s 76(1) , (3)

Official source: legislation.govt.nz

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