Family Law
Care of children, family dispute resolution, divorce (dissolution), relationship property, protection orders and child support in New Zealand.
Covered in this guide:
New Zealand family matters run through the Family Court and a set of focused statutes. The Care of Children Act 2004 governs day-to-day care and contact (the modern term for "custody and access"); the Family Proceedings Act 1980 covers dissolution of marriage (divorce); the Property (Relationships) Act 1976 divides relationship property; the Family Violence Act 2018 provides protection orders; and the Child Support Act 1991 (administered by Inland Revenue) sets child support. For most parenting disputes you must try Family Dispute Resolution (FDR) mediation before going to court.
Family Court: 0800 268 787. Family violence emergency: 111; Women's Refuge: 0800 733 843.
Key Laws
Care of Children Act 2004
Public Act 2004 No 90
Guardianship, day-to-day care and contact; the child's welfare and best interests are paramount.
Family Proceedings Act 1980
Public Act 1980 No 94, ss 39–44
Dissolution of marriage/civil union after two years' separation; spousal maintenance.
Property (Relationships) Act 1976
Public Act 1976 No 166
Generally equal sharing of relationship property after a relationship of 3+ years.
Family Violence Act 2018
Public Act 2018 No 46
Protection orders and related safety orders against family violence.
Child Support Act 1991
Public Act 1991 No 142
Child support assessed and collected by Inland Revenue; appeals to the Family Court.
Care of Children and Parenting Orders
When parents separate, arrangements for the children are governed by the Care of Children Act 2004. The guiding principle is that the child's welfare and best interests come first (s 4) — not the pare...
Family Dispute Resolution (FDR)
Family Dispute Resolution (FDR) is mediation designed to help separated parents agree on care of their children without going to court. For most parenting disputes, attending (or attempting) FDR is a...
Divorce (Dissolution of Marriage)
In New Zealand, divorce is called a dissolution of marriage (or civil union). There is only one ground: that the relationship has ended, shown by the couple living apart for at least two years (Family...
Dividing Relationship Property
When a marriage, civil union or de facto relationship of three years or more ends, the Property (Relationships) Act 1976 generally requires equal sharing of relationship property. Relationship propert...
Protection Orders (Family Violence)
The Family Violence Act 2018 lets you apply to the Family Court for a Protection Order against a family member, partner or ex-partner who has used violence — which includes physical, sexual, psycholog...
Child Support
Child support is money one parent pays to help with the cost of raising a child they don't (mostly) live with. In New Zealand it's run by Inland Revenue under the Child Support Act 1991. Either parent...