Care of Children Act 2004

Sections and provisions with full text and the judgments that cite each one.

Section 101 — Courts having jurisdiction to entertain applications under Convention

101 Courts having jurisdiction to entertain applications under Convention (1) The duties, powers, and functions that, under the Convention, are conferred or imposed on the judicial authorities of a…

Section 102 — Child abducted from New Zealand

102 Child abducted from New Zealand (1) A person may apply in writing to the Authority to have his or her claim transmitted to a Contracting State other than New Zealand if the person claims— (a)…

Section 103 — Child abducted to New Zealand

103 Child abducted to New Zealand (1) The Authority must take action under the Convention to secure the prompt return of the child to a Contracting State other than New Zealand if the Authority…

Section 104 — Authority may request further information

104 Authority may request further information (1) The Authority may return the application concerned to the applicant or the Central Authority by which it was transmitted, and may request that the…

Section 105 — Application to Court for return of child abducted to New Zealand

105 Application to Court for return of child abducted to New Zealand (1) An application for an order for the return of a child may be made to a Court having jurisdiction under this subpart by, or on…

Section 106 — Grounds for refusal of order for return of child

106 Grounds for refusal of order for return of child (1) If an application under section 105(1) is made to a Court in relation to the removal of a child from a Contracting State to New Zealand, the…

Section 107 — Applications to be dealt with speedily

107 Applications to be dealt with speedily (1) A Court to which an application under section 105(1) is made must, so far as practicable, give priority to the proceedings in order to ensure that they…

Section 108 — Interim powers

108 Interim powers A Court to which an application under section 105(1) is made may, at any time before the application is determined, give any interim directions it thinks fit for the purpose of…

Section 109 — No order or decision about role of providing day-to-day care for child to be made until application determined

109 No order or decision about role of providing day-to-day care for child to be made until application determined (1) A Court to which an application under section 105(1) is made in respect of a…

Section 110 — Contact with, and role of providing day-to-day care for, child, if application dismissed

110 Contact with, and role of providing day-to-day care for, child, if application dismissed If a Court to which an application under section 105(1) is made in respect of a child refuses to make an…

Section 111 — Request for declaration that child wrongfully removed

111 Request for declaration that child wrongfully removed A Court that has jurisdiction under this subpart may, if requested by the Central Authority of another Contracting State, make an order…

Section 112 — Child outside New Zealand

112 Child outside New Zealand (1) A person may apply in writing to the Authority to have his or her claim transmitted to a Contracting State other than New Zealand if the person claims— (a) to have…

Section 113 — Child in New Zealand

113 Child in New Zealand The Authority must make any arrangements that may be appropriate to organise or secure the effective exercise of the applicant's rights of access if the Authority receives,…

Section 114 — Translation to accompany application

114 Translation to accompany application Every application under section 102 or section 112 in respect of a child must be accompanied by a translation of the application, being a translation— (a)…

Section 115 — Evidentiary provisions

115 Evidentiary provisions (1) In determining whether, under the law of a Contracting State, an applicant has rights of custody in respect of a child, a Court may, despite anything in sections 37 to…

Section 116 — Lawyer to act for applicant

116 Lawyer to act for applicant (1) This section applies to an applicant who— (a) makes an application under section 102 or section 103 or section 105 or section 112 or section 113 ; but (b) has not…

Section 117 — Preventing concealment of whereabouts of child

117 Preventing concealment of whereabouts of child (1) A District Court Judge or Family Court Judge may issue a warrant of the kind referred to in subsection (2) if— (a) an application under section…

Section 118 — Preventing removal of child to defeat application

118 Preventing removal of child to defeat application (1) This section applies to a High Court Judge or District Court Judge or Family Court Judge who is satisfied that there are reasonable grounds…

Section 119 — Enforcing order for return of child

119 Enforcing order for return of child (1) If, in proceedings under section 105 , a Court makes an order under section 105(2) for the return of a child, a Family Court or a District Court may, at…

Section 120 — Security for costs, etc

120 Security for costs, etc (1) A person who makes an application under section 102 or section 103 or section 105 or section 112 or section 113 must not be required to provide any security, bond, or…

Section 121 — Costs of returning child: order for payment or refund when order under section 105(2) applied for or made

121 Costs of returning child: order for payment or refund when order under section 105(2) applied for or made (1) A Court that makes an order under section 105(2) for the return of a child may, if it…

Section 122 — Order under section 121 may be lodged in High Court

122 Order under section 121 may be lodged in High Court (1) A copy of an order made under section 121 may be lodged in the High Court. (2) On being so lodged, the order must be treated, from the date…

Section 123 — Unfounded applications

123 Unfounded applications (1) Nothing in this subpart requires the Authority to take any action in respect of an application if it is manifest— (a) that the requirements of the provisions of this…

Section 124 — Other provisions not affected

124 Other provisions not affected Nothing in this subpart prevents a Court, at any time, from making an order for the return of a child to a Contracting State otherwise than under the provisions of…

Section 125 — Jurisdiction of Courts

125 Jurisdiction of Courts (1) Proceedings under this Act must be heard and determined in a Family Court unless— (a) the proceedings are criminal proceedings, in which case no Family Court has…

Section 126 — 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…

Section 127 — Removal of High Court orders to Family Court

127 Removal of High Court orders to Family Court (1) A party to proceedings in the High Court in which an order has been made about the guardianship of a child, or about the role of providing…

Section 128 — Evidence

128 Evidence In all proceedings under this Act (other than criminal proceedings, but including appeals or any other proceedings), the Court may receive any evidence that it thinks fit, whether or not…

Section 129 — Court's power to call witnesses

129 Court's power to call witnesses (1) In proceedings before it under this Act (other than criminal proceedings), a Court may, on its own initiative, call as a witness a person whose evidence may in…

Section 130 — Counsel to assist Court

130 Counsel to assist Court (1) In proceedings before it under this Act (other than criminal proceedings), a Court may appoint a lawyer to assist the Court. (2) The lawyer may call a person as a…

Section 131 — Costs of Court-appointed counsel

131 Costs of Court-appointed counsel (1) Fees for professional services provided by lawyers appointed under section 7(1) or section 130(1) , and reasonable expenses incurred,— (a) may be determined…

Section 132 — Reports from chief executive or Social Worker

132 Reports from chief executive or Social Worker (1) A copy of an application for guardianship or a parenting order (other than an interim parenting order) must be supplied to the chief executive if…

Section 133 — Reports from another person

133 Reports from another person (1) This section applies to the following applications: (a) an application for guardianship: (b) an application for a parenting order (other than an application for an…

Section 134 — Distribution, etc, of reports under sections 132 and 133

134 Distribution, etc, of reports under sections 132 and 133 (1) The Registrar of the Court must copy a report under section 132 or section 133 (the report )— (a) to the lawyer acting for each party…

Section 135 — Costs of reports under section 133

135 Costs of reports under section 133 (1) Fees for reports prepared under a request under section 133(2) , and reasonable expenses incurred,— (a) may be determined in accordance with regulations…

Section 136 — Court may hear person on child's cultural background

136 Court may hear person on child's cultural background (1) A party to proceedings under this Act that appear likely to proceed to a hearing may, before a date is set for a hearing of the…

Section 137 — Attendance at hearings generally

137 Attendance at hearings generally (1) Only the following persons may attend a hearing of proceedings (other than criminal proceedings) under this Act: (a) officers of the Court: (b) parties to the…

Section 138 — Attendance at hearings of persons involved in counselling or conciliation under Family Proceedings Act 1980

138 Attendance at hearings of persons involved in counselling or conciliation under Family Proceedings Act 1980 (1) This subsection applies to a person (other than a party to the proceedings, the…