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The Family Court is where you get help to sort out family problems. Family Court judges are approachable and are appointed to work in this Court because of their understanding and experience of family matters.
The Family Court deals with a wide range of issues affecting families and children. These include:
- care and protection matters
- the adoption and guardianship of children
- custody or access disputes when parents separate.
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If you go to the Family Court
- Make sure you know what is going to happen there.
- Take support people.
- Ask to speak to the judge if there are things you want to say.
- If appropriate, use a lay advocate to support the child or young person and to tell the Court about cultural matters relevant to the case.
- Get yourself a lawyer.
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The role of the family group conference in care and protection matters
Care and protection matters are governed by the Children, Young Persons, and Their Families Act 1989.
The law provides for a family group conference (FGC) – a meeting of the extended family with social workers or Police to develop a plan to ensure that a child or young person is safe and cared for.
Except when urgent action is needed, it will usually be the family group conference – and not the Court – which makes the first decisions about what to do when problems arise in the care and protection of their children and young people.
A judge will always want to know what the family group thinks before making any decision about a child’s care or protection.
Before an FGC, the Court may be called on to issue warrants to allow a Child, Youth and Family social worker or the Police to remove a child or young person from an unsafe situation, or to make short-term orders to keep the child safe.
After an FGC, the Court may become involved if:
- the FGC doesn’t agree the child is in need of care and protection
- the FGC can’t agree on a plan for the child/young person’s care and protection
- the FGC wants a Court Order to help with some aspect of the plan.
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Application for a declaration
The Court process begins (unless there has been emergency action) with an application for the Court to make a ‘declaration that the child or young person is in need of care or protection’.
Usually social workers or the Police make an application for a declaration, but anybody can apply for a declaration if they get the Court’s permission. A Court will only make such a declaration once it has considered the decisions of the FGC and believes that the declaration is the best way of dealing with the situation.
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Court orders
As well as making a formal statement that a child is in need of care, the Court can make a wide range of orders to support the child, parents, family/whanau or family group. When a child has been neglected or abused, Court orders may be necessary to make sure the child or young person is cared for and safe from harm.
Services order
A person or organisation may be ordered to provide a particular service to the child, young person, parent or caregiver. This could include counselling, help in the home, education in parenting skills, activities for a child or young person after school, or financial support.
Restraining order
This order restrains a person who may cause the child or young person harm or stress. It may stop the named person from living with the child or young person, using or threatening violence or physical harm, or molesting the child by watching, following or waiting for them, or anyone else they are living with.
Support order
A person or organisation is appointed to keep an eye on the child and their caregivers and to provide help when necessary. The support person or organisation can:
- visit the child or young person at all reasonable times
- tell the child or young person not to live at a particular address or with particular people
- ban the child or young person from mixing with anyone they have been ‘warned off’ in writing.
Custody order
A person who has custody has responsibility for looking after a child on a daily basis. The Court will only make a custody order if it believes the child or young person should not, for the time being, live with parents, guardians or anyone who normally looks after them. It will make every effort to ensure that the child remains within the family group/whanau/hapu/iwi.
Guardianship order
Under a guardianship order, the Court will appoint a guardian for the child or young person. A guardian, usually a member of the child’s family group, is the person who takes the main responsibility for the upbringing of a child or young person. The Court may appoint the Chief Executive of Child, Youth and Family or another agency as guardian in addition to the parents. Sole guardianship will only be given to the Chief Executive of Child, Youth and Family, or another agency, if absolutely necessary.
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The Court’s role while orders are in force
The Court will oversee care and protection arrangements as long as any orders are in force.
Court orders must be obeyed. Someone who disobeys a restraining order, for example, may be imprisoned for up to three months or fined up to $2,000, or both.
Any member of the family group can apply to the Court for an order to be changed. For example, parents whose child has been placed in someone else’s custody can apply to have their child back in their care if they think their circumstances have changed and the child will now be safe.
Most orders will be reviewed by the Court within 12 months to see if the plans are meeting the child’s or young person’s needs. A review hearing will decide whether orders should be cancelled, continued or changed.
If things are not going well for the child, the Court should be told.
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If you want to change a Court decision
If you think the Court may have made a wrong decision, you are allowed to ask for a re-hearing of the case, or to appeal to the High Court. You will need to see a lawyer about this.
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Getting advice
If you want advice about your case, you can approach:
- the social worker responsible
- the Citizens Advice Bureau
- a community law centre
- a private lawyer
- the manager of the agency involved.
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Services 
