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Overview
The Family Court deals with family and whānau matters. If what happened to you involves family violence, safety, protection, children, or who looks after them it may be dealt with in the Family Court.
In some cases, there could be a criminal proceeding happening at the same time.
A criminal case may also be happening at the same time as a Family Court case. For example, Police may be involved if family violence has been reported. The Family Court and Criminal Court follow a different process.
Apply for urgent protection
Anyone can apply for an urgent decision from the Family Court. If you or your child have experienced, or are experiencing, family violence you can apply for a ‘without notice’ protection order.
A without notice application means a judge can consider the application before the other person knows you have applied. The judge might issue a Temporary Protection Order without notifying the person who harmed you.
For more information, you can visit the Ministry of Justice website linked below.
When to apply for an urgent court order | Ministry of Justice(external link)
If you’re worried someone may take your child overseas, you have options.
It may be against the law for someone to take a child overseas without the court’s permission if this would go against a court order about the child’s care, or if a case involving the child is about to go to court.
Stop a child leaving New Zealand | Ministry of Justice(external link)
What to expect at Family Court
What happens at court depends on your case. Sometimes you might not have to go to court at all.
You can find more information about the Family Court process through the Ministry of Justice website linked below.
How Kaiārahi — Family Court Navigators can help
The Family Court process can feel overwhelming. The language, paperwork and decisions may seem unfamiliar and complicated. You do not have to work through it on your own.
Kaiārahi — Family Court Navigators are a free and confidential service. They can help you, your family and whānau understand Family Court language, processes and outcomes. They can connect you with community support services and help you stay involved in the court process.
For more information about Kaiārahi and other court staff visit Court staff that can help you.
If you need legal assistance, you might need other support.
Kaiārahi don’t give counselling or legal advice. If you need legal assistance, you can find out more in the link below.
Court fees and financial help
Some applications or hearings have fees, but some do not. You may be able to get financial help.
For more information about court fees and financial help related to Family Court, visit the Ministry of Justice website:
After Family Court
Most Family Court cases finish when a judge makes a final decision. The decision may be written in a court order. Sometimes the judge needs more time before making a final decision. If this happens, the court will contact you after the decision has been made.
A decision or court order can affect what happens next for you, your children, your family and whānau. If your situation changes, or if you are unhappy with the judge’s decision, you may decide to go back to Family Court or appeal to a higher court like the High Court to look again at your case.
For information about understanding your family court outcome and what can happen after court, visit the Ministry of Justice website: