Care of Children Act 2004

• Jurisdiction: New Zealand
• Coming into Force: 06 October 2023
• Reference: 2004 No 90
• Citation: 2004 No 90
• Year: 2004
• Record Number: DLM317232
• Act Number: 90
• Type of Document: Act

Contenidos

• Care of Children Act 2004
• Contents
• 1 Title
• 2 Commencement
• Part 1
• 3 Purpose of this Act
• 4 Child's welfare and best interests to be paramount
• 5 Principles relating to child's welfare and best interests
• 5A Family violence to be taken into account
• 6 Child’s views
• 7 Appointment of lawyer to represent child in proceedings
• 7AA Lawyer appointed to represent child must explain proceedings to child
• 7A Lawyers acting for parties
• 7B Duties of lawyers
• 8 Interpretation
• 9 De facto partner defined
• 10 De facto relationship defined
• 11 Application
• 11A Transitional, savings, and related provisions
• 12 Act binds the Crown
• 13 Act a code
• 14 Administration of children’s property
• Part 2
• Part 1
• 15 Guardianship defined
• 16 Exercise of guardianship
• 17 Child’s father and mother usually joint guardians
• 18 Father identified on birth certificate is guardian
• 19 Father who was not mother’s spouse, civil union partner, or de facto partner may apply to be appointed as guardian
• 20 Declaration that father is guardian because of section 17
• 21 Who may appoint additional guardian under section 23
• 22 Restrictions on making appointments under section 23
• 23 Appointment of eligible spouse or partner of parent as additional guardian
• 24 Declarations required by section 23(5) (a)
• 25 Appointments under section 23 take effect on approval
• 26 Testamentary guardians
• 27 Court-appointed guardians
• 28 Time at which guardianship ends
• 29 Court may remove guardians
• 29A Revocation of appointment as guardian
• 30 Concurrent jurisdiction under section 31
• 31 Application to court
• 32 Notice to be given to chief executive in certain cases before Family Court
• 33 Orders of court
• 34 Powers of court
• 35 Further provisions relating to powers of court
• 36 Consent to procedures generally
• 37 Immunity of health practitioners administering certain blood transfusions without consent
• 38 Consent to abortion
• Part 2
• 39 Purpose of sections 40 to 43
• 40 Agreements between parents and guardians
• 41 Agreements between parents and donors
• 42 Definitions for section 41
• 43 Agreements may be entered into by minors
• 44 Disputes between guardians
• 45 Family Proceedings Act 1980 dispute resolution provisions apply to certain proceedings
• 46 Certain children may seek review of parent’s or guardian’s decision or refusal to give consent
• 46A Consent for de facto relationship
• 46B Consent where child has no guardian
• 46C Certain children may seek review of parent's or guardian's decision or refusal to give consent
• 46D Meaning of family dispute resolution
• 46E Family dispute resolution mandatory before commencement of proceedings
• 46F Family dispute resolution after proceedings commenced
• 46G Counselling after proceedings commenced
• 46H Approval of counselling organisation
• 46I Suspension or cancellation of approval of counselling organisation
• 46J Duties of approved counselling organisation
• 46K Appointment of counsellors
• 46L Privilege
• 46M Number of sessions of counselling
• 46N Counselling fees and expenses
• 46O Party may be directed to undertake parenting information programme
• 46P Purpose of settlement conferences
• 46Q Settlement conferences
• 46R Disputes between guardians
• 47 Who may apply for parenting order
• 47A Mandatory statement in applications
• 47B Mandatory statement and evidence in applications
• 48 Parenting orders
• 49 Interim parenting orders
• 49A Interim parenting order where parent does not have day-to-day care for, or contact with, child
• 49B Interim parenting order may become final order on specified date
• 49C Final parenting orders
• 50 Parenting orders in respect of children of or over 16 years
• 51 Court must consider protective conditions in certain cases
• 52 Court must consider contact arrangements in certain cases
• 53 Orders in proceedings under Family Proceedings Act 1980
• 54 Orders in proceedings under Domestic Violence Act 1995
• 55 Content and explanation of parenting orders
• 56 Variation or discharge of parenting and other orders