Section 72 — Care of Children Act 2004: Warrant to enforce role of providing day-to-day care for child

72 Warrant to enforce role of providing day-to-day care for child (1) In this section, eligible person , in relation to a child, means a person who, at the time of the application, has the role of providing day-to-day care for the child— (a) through being a guardian (other than a testamentary guardian) whose role of providing day-to-day care for the child has not been removed by a Court order; or (b) under a parenting order, some other order of a New Zealand Court, or an overseas parenting order registered under section 81 . (2) On an application for the purpose by an eligible person, a Family Court or a District Court may issue a warrant authorising a member of the police or a Social Worker or any other person named in the warrant to take the child (using reasonable force if necessary) and to deliver the child— (a) to the eligible person; or (b) to some other person or authority (including a person in or from a prescribed overseas country) named in the warrant on behalf of the eligible person. (3) However, if 2 or more persons have the role of providing day-to-day care for a child, no warrant under this section may authorise— (a) the removal of the child from the care of one of those persons; and (b) the delivery of the child to the care of another of them. Compare: 1968 No 63 s 19(1), (5)