Care of Children Act 2004
Sections and provisions with full text and the judgments that cite each one.
Section 51 — Court must consider protective conditions in certain cases
51 Court must consider protective conditions in certain cases (1) This section applies to a parenting order when— (a) the order provides for a person ( person A ) to have contact with a child; and…
Section 52 — Court must consider contact arrangements in certain cases
52 Court must consider contact arrangements in certain cases If a Court proposes to make a parenting order that does not give a parent the role of providing day-to-day care for a child, the Court…
Section 53 — Orders in proceedings under Family Proceedings Act 1980
53 Orders in proceedings under Family Proceedings Act 1980 (1) This section applies to a Court if it is a Family Court hearing or otherwise dealing with proceedings under the Family Proceedings Act…
Section 54 — Orders in proceedings under Domestic Violence Act 1995
54 Orders in proceedings under Domestic Violence Act 1995 (1) A Family Court hearing or otherwise dealing with proceedings under the Domestic Violence Act 1995 for a protection order may make any 1…
Section 55 — Content and explanation of parenting orders
55 Content and explanation of parenting orders (1) An order under section 48(1) — (a) must contain an explanation, based on the precise terms of the particular order, of— (i) the effect of the order…
Section 56 — Variation or discharge of parenting and other orders
56 Variation or discharge of parenting and other orders (1) On an application for the purpose by an eligible person, the Court may vary or discharge any of the following: (a) a parenting order…
Section 57 — Procedure if child's parents are parties to interim order
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…
Section 58 — Interpretation
58 Interpretation In this section and sections 59 to 62 , unless the context otherwise requires,— approved provider means a supervised contact service provider who is approved as a Child and Family…
Section 59 — Allegations of violence made in proceedings relating to parenting orders
59 Allegations of violence made in proceedings relating to parenting orders (1) Section 60 applies to proceedings— (a) relating to an application under this Act for any of the following: (i) an order…
Section 60 — Procedure for dealing with proceedings in section 59(1)
60 Procedure for dealing with proceedings in section 59(1) (1) In proceedings to which this section applies in accordance with section 59 (the proceedings ), the Court must, as soon as practicable,—…
Section 61 — Matters relevant to question in section 60(4)
61 Matters relevant to question in section 60(4) In considering, for the purposes of section 60(4) , whether a child will be safe if a violent party provides day-to-day care for, or has contact…
Section 62 — Costs of formal supervised contact
62 Costs of formal supervised contact (1) This section applies only to supervised contact that is ordered under section 60(5) and supervised by an approved provider. (2) The number of sessions of the…
Section 63 — Purpose and overview of sections 64 to 80
63 Purpose and overview of sections 64 to 80 (1) The purpose of sections 64 to 80 is to provide to the Court, and to parties to a parenting order, a range of options for making the order work. (2) To…
Section 64 — Guiding consideration and principles
64 Guiding consideration and principles (1) In determining whether to make an order or to issue a warrant or to respond in another way under any of sections 68 to 77 , the Court must (as required by…
Section 65 — Request for counselling
65 Request for counselling (1) A party to a parenting order (or to an agreement of the kind described in section 40(2) ) may ask a Registrar of a Family Court to arrange counselling in respect of a…
Section 66 — Procedure for request under section 65(1) or (2)
66 Procedure for request under section 65(1) or (2) The following sections of the Family Proceedings Act 1980 apply, with the following and all other necessary modifications, to a request under…
Section 67 — Registrar may decline requests for counselling and recommend instead applications under section 68
67 Registrar may decline requests for counselling and recommend instead applications under section 68 (1) The Registrar may decline a request under section 65(1) that relates to a parenting order if…
Section 68 — Court may make certain orders or respond in other ways to contravention of parenting orders
68 Court may make certain orders or respond in other ways to contravention of parenting orders (1) On an application for the purpose by a party to a parenting order, the Court may, if satisfied that…
Section 69 — Court may require parties to attend for counselling or for hearing of application under section 68
69 Court may require parties to attend for counselling or for hearing of application under section 68 (1) On an application for the purpose or on its own initiative, the Court may issue a summons…
Section 70 — Ordering party to enter into bond
70 Ordering party to enter into bond (1) On an application for the purpose or on its own initiative, the Court may order a party who has contravened a parenting order to enter into a bond as an…
Section 71 — Costs of contravention
71 Costs of contravention (1) On an application for the purpose or on its own initiative, the Court may order a party to a parenting order ( party B ) to reimburse another party to the order ( party…
Section 72 — 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…
Section 73 — Warrant to enforce order for contact with child
73 Warrant to enforce order for contact with child (1) In this section, eligible person , in relation to a child, means a person who, at the time of the application, is entitled to have direct…
Section 74 — Further provisions about warrants
74 Further provisions about warrants (1) The Court may issue a warrant under section 72 or section 73 either on or after making a parenting order or an order for supervised contact. (2) Neither…
Section 75 — Execution of warrants
75 Execution of warrants (1) For the purpose of executing a warrant issued under section 72 or section 73 , a member of the police or a Social Worker or any other person named in the warrant may…
Section 76 — Authority to use faxed copy of warrant
76 Authority to use faxed copy of warrant (1) An authority (as defined in section 77(1) ) may authorise the use, for the purpose of executing the warrant, of a faxed copy of a warrant issued under…
Section 77 — Preventing removal of child from New Zealand
77 Preventing removal of child from New Zealand (1) In this section and section 76 , authority means a High Court Judge or District Court Judge or Family Court Judge or, if no High Court Judge or…
Section 78 — Contravening parenting order
78 Contravening parenting order (1) Every person commits an offence and is liable on summary conviction to the penalty stated in subsection (2) who, without reasonable excuse and with intent to…
Section 79 — Resisting execution of warrant
79 Resisting execution of warrant Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding $2,500 who— (a)…
Section 80 — Taking child from New Zealand
80 Taking child from New Zealand Every person commits an offence and is liable on summary conviction to a fine not exceeding $2,500, or to imprisonment for a term not exceeding 3 months, or to both,…
Section 81 — Registration of overseas parenting orders
81 Registration of overseas parenting orders (1) If the following documents are transmitted to the Secretary, he or she must send them to the Registrar of a District Court: (a) a certified copy of an…
Section 82 — Effect of registration
82 Effect of registration (1) If an overseas parenting order is registered in a Court under section 81 , then, so long as the registration is not cancelled, the order may be enforced, varied, or…
Section 83 — Exercise of jurisdiction in respect of child subject to registered overseas parenting order
83 Exercise of jurisdiction in respect of child subject to registered overseas parenting order (1) If an overseas parenting order is registered in New Zealand under section 81 and that order relates…
Section 84 — Variation or discharge of registered overseas parenting order
84 Variation or discharge of registered overseas parenting order (1) If a Court exercising jurisdiction under sections 56 and 82 makes an order varying or discharging an overseas parenting order, the…
Section 85 — Registered overseas parenting orders not to be enforced in certain circumstances
85 Registered overseas parenting orders not to be enforced in certain circumstances (1) A Court must not enforce an overseas parenting order under section 72 or section 73 , and must not exercise…
Section 86 — Evidence of orders made in overseas countries
86 Evidence of orders made in overseas countries Nothing in section 81 prevents a Court from receiving evidence of an order made in an overseas country (whether or not that country is a prescribed…
Section 87 — Costs of returning child: order for payment when warrant issued under section 72
87 Costs of returning child: order for payment when warrant issued under section 72 (1) This section applies to a Court if, for the purpose of enforcing the role, conferred by an overseas parenting…
Section 88 — Evidence
88 Evidence If an application under either sections 56 and 81 or section 87 is heard in a District Court,— (a) the evidence of a person beyond New Zealand may be taken in accordance with the rules of…
Section 89 — Proof of documents
89 Proof of documents (1) For the purposes of sections 72 to 76 and sections 81 to 88 ,— (a) a document purporting to be signed by a Judge, District Court Judge, or officer of a court in a prescribed…
Section 90 — Depositions to be evidence
90 Depositions to be evidence Depositions taken for the purposes of any of sections 72 to 76 or sections 81 to 87 in a court in any prescribed overseas country may be received in evidence in…
Section 91 — Prescribed overseas countries
91 Prescribed overseas countries (1) The Governor-General may, by Order in Council, declare a country outside New Zealand to be a prescribed overseas country for the purposes of this Act. (2) An…
Section 92 — Enforcement of New Zealand orders overseas
92 Enforcement of New Zealand orders overseas (1) Subsection (2) applies to an order (not being an interim order or an order made without notice)— (a) made by a Court in New Zealand and about the…
Section 93 — Restrictions on right to make request under section 92
93 Restrictions on right to make request under section 92 (1) A request may not be made to the Registrar under section 92 in respect of an order about the role of providing day-to-day care for, or…
Section 94 — Purpose of this subpart
94 Purpose of this subpart The purpose of this subpart is to— (a) implement in New Zealand law the Hague Convention on the Civil Aspects of International Child Abduction; and (b) provide for related…
Section 95 — Interpretation
95 Interpretation In this subpart, unless the context otherwise requires,— applicant means a person by whom or on whose behalf an application has been made under section 102 or, as the case requires,…
Section 96 — Application of this subpart
96 Application of this subpart This subpart, in so far as it applies to the removal of children, applies only to removals occurring after the commencement, on 1 August 1991, of the Guardianship…
Section 97 — Rights of custody defined
97 Rights of custody defined For the purposes of this subpart, rights of custody , in relation to a child, include the following rights attributed to a person, institution, or other body, either…
Section 98 — Contracting States
98 Contracting States Subject to Articles 39 and 40 of the Convention, for the purposes of this subpart, the Contracting States (other than New Zealand) are those countries in respect of which the…
Section 99 — Certificates as to Contracting States
99 Certificates as to Contracting States (1) This section applies to a certificate signed by the Secretary of Foreign Affairs and Trade and stating— (a) that a specified country is or is not a…
Section 100 — Central Authority for New Zealand
100 Central Authority for New Zealand (1) The Secretary is the Central Authority for New Zealand, and for that purpose the Secretary has all the duties, may exercise all the powers, and must perform…