Oranga Tamariki Act 1989

Care and protection of children and young persons - Powers to remove child or young person

44: Parent or guardian may apply for release of or access to child or young person

You could also call this:

"A parent or guardian can ask the court to let their child come home or to visit them."

Illustration for Oranga Tamariki Act 1989

If you are a parent or guardian of a child or young person who is in the care of the chief executive, you can apply to the court for their release or to have access to them. You can do this if the child or young person was placed in the chief executive's care under section 39, section 40, or section 42. The court can then make an order as allowed under section 46.

You can make this application at any time before the child or young person is released from the chief executive's care or is taken to court as required by section 45. This means you have the opportunity to apply for their release or access to them while they are still in care.

The court will consider your application and make a decision based on the circumstances.

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150014.

Topics:

Family and relationships > Children and parenting

43: Placement of child or young person placed in custody of chief executive, or

"What happens when you're placed in the care of Oranga Tamariki"

45: Child or young person placed in custody of chief executive to be brought before court within 5 days unless sooner released, or

"You must go to court within 5 days if you're in care, unless you're released sooner."

Part 2Care and protection of children and young persons
Powers to remove child or young person

44Parent or guardian may apply for release of or access to child or young person

Where a child or young person is placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42, any parent or guardian or other person previously having the care of the child or young person may apply to the court for the release of that child or young person, or for access to that child or young person while the child or young person is in the custody of the chief executive, and the court may make any order that it is empowered to make under section 46.
An application may be made under subsection (1) at any time before the child or young person is released from the custody of the chief executive or is brought before the court in accordance with section 45.

Notes

Section 44(1): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
Section 44(1): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
Section 44(2): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).