Care of Children Act 2004
Sections and provisions with full text and the judgments that cite each one.
Section 4 — Child's welfare and best interests to be paramount
4 Child's welfare and best interests to be paramount (1) The welfare and best interests of the child must be the first and paramount consideration— (a) in the administration and application of this…
Section Sch4 — Other amendments
Schedule 4 Other amendments s 151 Administration Act 1969 (1969 No 52) Omit from section 65(2)(e) the words “ has the custody and control of ” and substitute the words “ has and is exercising the…
Section 5 — Principles relevant to child's welfare and best interests
5 Principles relevant to child's welfare and best interests The principles referred to in section 4(5)(b) are as follows: (a) the child's parents and guardians should have the primary responsibility,…
Section 6 — Child's views
6 Child's views (1) This subsection applies to proceedings involving— (a) the guardianship of, or the role of providing day-to-day care for, or contact with, a child; or (b) the administration of…
Section 7 — Lawyer to act for child
7 Lawyer to act for child (1) A Court may appoint a lawyer to act for a child who is the subject of, or who is a party to, proceedings (other than criminal proceedings) under this Act. (2) However,…
Section 8 — Interpretation
8 Interpretation In this Act, unless the context otherwise requires,— certified copy , in relation to an order of a Court, means a copy certified by the proper officer of the Court to be a true copy…
Section 9 — De facto partner defined
9 De facto partner defined [Repealed] Section 9 was repealed, as from 1 July 2005, by section 3 Care of Children Amendment Act 2005 (2005 No 5).
Section 10 — De facto relationship defined
10 De facto relationship defined [Repealed] Section 10 was repealed, as from 1 July 2005, by section 3 Care of Children Amendment Act 2005 (2005 No 5).
Section 11 — Application
11 Application This Act applies to— (a) children living at the commencement of this Act (see section 2 ); and (b) children born after that time. Compare: 1968 No 63 s 37
Section 12 — Act binds the Crown
12 Act binds the Crown This Act binds the Crown.
Section 13 — Act a code
13 Act a code (1) Except as otherwise expressly provided in this Act, this Act has effect in place of the rules of the common law and of equity as to the guardianship and custody of children. (2) In…
Section 14 — Administration of children's property
14 Administration of children's property (1) The welfare and best interests of the child must be the first and paramount consideration in proceedings relating to the administration of, or to the…
Section 15 — Guardianship defined
15 Guardianship defined For the purposes of this Act, guardianship of a child means having (and therefore a guardian of the child has), in relation to the child,— (a) all duties, powers, rights, and…
Section 16 — Exercise of guardianship
16 Exercise of guardianship (1) The duties, powers, rights, and responsibilities of a guardian of a child include (without limitation) the guardian's— (a) having the role of providing day-to-day care…
Section 17 — Child's father and mother usually joint guardians
17 Child's father and mother usually joint guardians (1) The father and the mother of a child are guardians jointly of the child unless the child's mother is the sole guardian of the child because of…
Section 18 — Father identified on birth certificate is guardian
18 Father identified on birth certificate is guardian If a child's father is not a guardian of the child just because of section 17(2) or (3) , then he becomes a guardian of the child if his…
Section 19 — Father who was not mother's spouse, civil union partner, or de facto partner may apply to be appointed as guardian
19 Father who was not mother's spouse, civil union partner, or de facto partner may apply to be appointed as guardian (1) If, because of section 17(2) or (3) , a child's mother is (or was at the time…
Section 20 — Declaration that father is guardian because of section 17
20 Declaration that father is guardian because of section 17 (1) A man who alleges that he is a guardian of a child because of section 17 (other than because of an order under section 19 ) may apply…
Section 21 — Who may appoint additional guardian under section 23
21 Who may appoint additional guardian under section 23 (1) In this section, appointment means an appointment of an eligible spouse or partner of a parent as an additional guardian of a child under…
Section 22 — Restrictions on making appointments under section 23
22 Restrictions on making appointments under section 23 (1) No appointment of an additional guardian of a child may be made under section 23 if the child— (a) has a testamentary guardian appointed by…
Section 23 — Appointment of eligible spouse or partner of parent as additional guardian
23 Appointment of eligible spouse or partner of parent as additional guardian (1) An eligible spouse or partner of a parent may be appointed as an additional guardian of a child under this section by…
Section 24 — Declarations required by section 23(5)(a)
24 Declarations required by section 23(5)(a) The declarations required by section 23(5)(a) are statutory declarations by every person making the appointment and by the proposed additional guardian…
Section 25 — Appointments under section 23 take effect on approval
25 Appointments under section 23 take effect on approval (1) An appointment under section 23 takes effect only on the Registrar of a Family Court approving the form and declarations referred to in…
Section 26 — Testamentary guardians
26 Testamentary guardians (1) The parent of a child may by deed or will (executed before or after the child's birth) appoint a person to be a testamentary guardian of the child after the parent's…
Section 27 — Court-appointed guardians
27 Court-appointed guardians (1) The Court may appoint a person as a guardian of a child, either in addition to any other guardian or as sole guardian, either— (a) on an application for the purpose…
Section 28 — Time at which guardianship ends
28 Time at which guardianship ends (1) The duties, powers, rights, and responsibilities of a guardian of a child end when the first of the following events occurs: (a) the child turns 18 years: (b)…
Section 29 — Court may remove guardians
29 Court may remove guardians (1) On an application for the purpose by an eligible person, the Court may make— (a) an order depriving a parent of the guardianship of his or her child; or (b) an order…
Section 30 — Concurrent jurisdiction under section 31
30 Concurrent jurisdiction under section 31 (1) The following Courts have jurisdiction under section 31 : (a) the High Court: (b) each Family Court. (2) A Family Court does not have jurisdiction…
Section 31 — Application to Court
31 Application to Court (1) An eligible person may make an application to a Court with jurisdiction under this section for— (a) an order placing under the guardianship of the Court a child who is not…
Section 32 — Notice to be given to chief executive in certain cases before Family Court
32 Notice to be given to chief executive in certain cases before Family Court (1) This section applies when— (a) an application is— (i) made under section 31 to a Family Court; or (ii) removed under…
Section 33 — Orders of Court
33 Orders of Court (1) A Court to which an application is made under section 31 may— (a) make an order described in section 31(1)(a) ; or (b) make orders described in section 31(1)(a) and (b) ; or…
Section 34 — Powers of Court
34 Powers of Court (1) A Court to which an application is made under section 31 has the rights and powers specified in subsection (2) (a) between the making of the application for an order and its…
Section 35 — Further provisions relating to powers of Court
35 Further provisions relating to powers of Court (1) This section applies to a Court if it is a Family Court or the High Court hearing or otherwise dealing with proceedings under section 31 . (2)…
Section 36 — Consent to procedures generally
36 Consent to procedures generally (1) A consent, or refusal to consent, to any of the following, if given by a child of or over the age of 16 years, has effect as if the child were of full age: (a)…
Section 37 — Immunity of health practitioners administering certain blood transfusions without consent
37 Immunity of health practitioners administering certain blood transfusions without consent (1) In this section and section 36 ,— blood transfusion , or transfusion , means the injection of whole…
Section 38 — Consent to abortion
38 Consent to abortion (1) If given by a female child (of whatever age), the following have the same effect as if she were of full age: (a) a consent to the carrying out on her of any medical or…
Section 39 — Purpose of sections 40 to 43
39 Purpose of sections 40 to 43 The purpose of sections 40 to 43 is to encourage parents, guardians, and donors to agree to their own arrangements for the child's care, development, and upbringing.
Section 40 — Agreements between parents and guardians
40 Agreements between parents and guardians (1) A party to an agreement to which subsection (2) applies— (a) may request counselling in respect of a dispute relating to the agreement, under section…
Section 41 — Agreements between parents and donors
41 Agreements between parents and donors (1) A party to an agreement to which subsection (2) applies— (a) may seek to have terms of the agreement embodied in an order of the Court that may be…
Section 42 — Definitions for section 41
42 Definitions for section 41 In this section and section 41 ,— AHR procedure has the same meaning as in section 14(1) of the Status of Children Act 1969 child means a child conceived, or proposed to…
Section 43 — Agreements may be entered into by minors
43 Agreements may be entered into by minors Sections 40(2) and 41(2) apply to an agreement even though some or all of the parties to it are minors. Compare: 1976 No 166 s 21I(1)
Section 44 — Disputes between guardians
44 Disputes between guardians (1) If 2 or more guardians of a child are unable to agree on a matter concerning the exercise of their guardianship, any of them may— (a) request counselling in respect…
Section 45 — Family Proceedings Act 1980 dispute resolution provisions apply to certain proceedings
45 Family Proceedings Act 1980 dispute resolution provisions apply to certain proceedings (1) This subsection applies to proceedings resulting from a spouse, civil union partner, or de facto partner…
Section 46 — Certain children may seek review of parent's or guardian's decision or refusal to give consent
46 Certain children may seek review of parent's or guardian's decision or refusal to give consent (1) A child of or over the age of 16 years who is affected by a decision or by a refusal of consent…
Section 46A — Consent for de facto relationship
46A Consent for de facto relationship (1) A child aged 16 or 17 who wishes to obtain consent for his or her de facto relationship must obtain the express written consent of each of his or her…
Section 46B — Consent where child has no guardian
46B Consent where child has no guardian (1) This section applies to a child who does not have a guardian because guardianship of the child has ended under section 28(1) . (2) If an enactment requires…
Section 47 — Who may apply for parenting order
47 Who may apply for parenting order (1) In section 48(1) , eligible person , in relation to a child, means any of the following persons: (a) a parent of the child: (b) a guardian of the child: (c) a…
Section 48 — Parenting orders
48 Parenting orders (1) On an application made to it for the purpose by an eligible person, the Court may make a parenting order determining the time or times when specified persons have the role of…
Section 49 — Applications to include statement on others' involvement
49 Applications to include statement on others' involvement An application for a parenting order must include a statement made by or on behalf of the applicant for the order about whether and how the…
Section 50 — Parenting orders in respect of children of or over 16 years
50 Parenting orders in respect of children of or over 16 years (1) A parenting order determining the person or persons who have the role of providing day-to-day care for a child of or over the age of…