There are two ways you can apply to the Family Court for a guardianship order or a parenting order; urgently or non-urgently. Urgent applications to the Family Court are called "without notice" applications. Non-urgent applications to the Family Court are called "on-notice" applications.
People wishing to resolve non-urgent parenting or guardianship disputes about the care of their children are required to attempt to resolve the dispute by agreement via Family Dispute Resolution Mediation, before they make an application to the Family Court.
"Without notice" applications to the Family Court are made when you believe you or your children are under threat of serious injury or there is risk to you or your children's personal safety or that undue hardship would occur if the application was made "on notice". "Without notice" applications to the Family Court are placed before a Family Court Judge for consideration immediately and the Judge is required to decided whether the grounds exist for a Court Order to be made immediately without hearing from the other parent (or party).
An application, affidavit (sworn or affirmed statement), as well as other forms need to be completed and filed with the Family Court in order to make an application for a guardianship order or a parenting order. Most people get a lawyer to help them apply to the Family Court for a parenting order, however, people can represent themselves in the Family Court.
Click here to find out if you are eligible for
free legal advice from a Family Legal Advice Service lawyer
Antoinette Vujnovich, family lawyer, is available by appointment at the following locations:
Waihi, Bay of Plenty
Waihi Community Resource Centre
4 Mueller St, Waihi
p: (07) 929 7982
m: 021 210 0930
Katikati, Bay of Plenty
15 Talisman Drive, Katikati
p: (07) 929 7982
m: 021 210 0930
Manukau City, Auckland
