What orders can the Court make?This is a featured page

The Court can make:

  • A support order requires a Child, Youth and Family social worker or some non-government agency such as Barnados, a church social service agency or an Iwi Social Service to provide support services to help you and your parents and family to ensure that you are safe and well cared for.[26]
  • A custody order places you in the custody (day to day care) of Child, Youth and Family or some community-based agency such as one of those mentioned above.[27]
  • A guardianship order makes Child, Youth and Family or some community based agency your legal guardian.[28] The Court may make a sole guardianship order or a shared guardianship order with your parent sharing guardianship with Child, Youth and Family or a community agency.[29]


What does a ‘custody order’ mean?


If a custody order is made then Child, Youth and Family or a community-based agency can decide where you live.[30]. Your parents lose their right to have you live with them so long as the custody order remains in force.[31] However, Child, Youth and Family might decide to place you temporarily back with your parents or the person who was caring for you before the custody order was made.[32] It is up to them to decide rather than your parents. Or they can move you to one of their residences (in Auckland, Wellington, Christchurch or Dunedin) while they are trying to find a suitable foster home for you.

If you are under a custody order your parents are still your guardians; therefore they must be involved in any important decision about your health, education, religion or upbringing.[33]

How long does a custody order last?

What does a ‘guardianship order’ mean?


Child, Youth and Family (or a community-based agency if appointed your sole guardian) can single-handedly make all decisions about your health, education, religion and upbringing.[34]. If the court makes a joint guardianship order with your parents and Child, Youth and Family as joint guardians then decisions about your upbringing have to be agreed upon by both of them. If they cannot agree, the Court can be asked to decide what is best for you.[35]

How long does a guardianship order last?



[26] ss91 to 100 CYPF Act
[27] ss101 to 109 CYPF Act
[28] ss110(1) CYPF Act
[29] s110 (2) CYPF Act
[30] s104(1)(a) CYPF Act, which imports the powers conferred by a custody order under Schedule 4 Care of Children Act 2004; under that schedule a custody order gives the custodian ‘the role of providing day-to-day care for the child or young person as if a parenting order had been made under s48(1) Care of Children Act’.
[31] s104(1)(b) CYPF Act
[32] s105(1)(c) CYPF Act.
[33] The custody order does not remove guardianship rights that a child’s parents have, other than their right to provide day-to-day care for the child: see definitions of day-to-day care and guardianship in ss8, 15,48(1) Care of Children Act 2004.
[34] s114(1) CYPF Act gives ‘guardianship order’ the same meaning as in s27 Care of Children Act 2004. The powers of Child, Youth and Family as guardian are defined by ss15 & 16 Care of Children Act.
[35] s114(1)(a) CYPF Act and ss4, 15, 16 and 40 Care of Children Act 2004




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NehaYL 		Latest page update: made by NehaYL , Jun 29 2009, 9:57 PM EDT (about this update About This Update NehaYL Edited by NehaYL


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