Care of Children & Parenting Orders in NZ (2026)
About this article
Sourced from New Zealand Acts of Parliament (legislation.govt.nz), regulations, and official government guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
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 parents' preferences. Parents usually remain guardians together, meaning they share the big decisions (schooling, health, where the child lives).
You don't need to go straight to court. New Zealand strongly favours agreement: most disputes must first go through Family Dispute Resolution (FDR). If agreement isn't reached, either parent can apply to the Family Court for a Parenting Order that sets who the child lives with and the contact each parent has. Urgent or family-violence situations can go to court without FDR first.
When does it apply?
- You're separating and need to arrange care of your children.
- You can't agree with the other parent on day-to-day care or contact.
- An existing arrangement has broken down.
What to do about care of your children
- Try to agree a parenting plan — informal agreements are encouraged and can be recorded.
- Attend Family Dispute Resolution (FDR) if you can't agree (low-cost or free if you qualify).
- Apply to the Family Court for a Parenting Order if FDR doesn't resolve it.
- Go straight to court if there is family violence or genuine urgency.
What should you NOT do?
- Don't withhold the children to gain leverage — courts focus on the child's welfare, not point-scoring.
- Don't skip FDR in a non-urgent case — the court will usually require it first.
- Don't make unilateral big decisions if you're a joint guardian.
About Family Law in New Zealand
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.
Common Questions
What is the care of children and parenting orders right in New Zealand?
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 parents' preferences. Parents usually remain guardians together, meaning they share the big decisions (schooling, health, where the child lives).You don't need to go straight to court. New Zealand strongly favours agreement: most disputes must first go through Family Dispute Resolution (FDR). If agreement isn't reached, either parent can apply to the Family Court for a Parenting Order that sets who th...
When does it apply — care of children and parenting orders?
You're separating and need to arrange care of your children.You can't agree with the other parent on day-to-day care or contact.An existing arrangement has broken down.
How do I get a parenting order in New Zealand?
Try to agree a parenting plan — informal agreements are encouraged and can be recorded.Attend Family Dispute Resolution (FDR) if you can't agree (low-cost or free if you qualify).Apply to the Family Court for a Parenting Order if FDR doesn't resolve it.Go straight to court if there is family violence or genuine urgency.
What should you NOT do — care of children and parenting orders?
Don't withhold the children to gain leverage — courts focus on the child's welfare, not point-scoring.Don't skip FDR in a non-urgent case — the court will usually require it first.Don't make unilateral big decisions if you're a joint guardian.