Oranga Tamariki Act 1989

Care and protection of children and young persons - Support orders

100: Failure to observe conditions of support order

You could also call this:

"What happens if someone doesn't follow the rules of a court order to support a child?"

Illustration for Oranga Tamariki Act 1989

If a court orders someone to support a child or young person under section 91 or section 92, and the child, young person, or their parent or guardian does not follow the conditions of the order, the chief executive or the person providing support can ask the court to say so. The court can make a declaration if it thinks someone has not followed the conditions without a good reason. The court can then make an order under section 127 as if someone had asked to change the original order under section 125.

When someone asks the court to make this declaration, they must tell the child or young person, their parent or guardian, and anyone living with them. You have to serve the application to these people. This is so everyone knows what is happening.

The court will look at the application and make a decision based on the information provided. You will be part of this process if you are the child or young person, or if you are their parent or guardian. The court's decision will be based on whether someone failed to follow the conditions of the order without a good reason.

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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=DLM150417.

Topics:

Crime and justice > Courts and legal helpFamily and relationships > Children and parenting

99: Person or organisation providing support to child or young person to report to court, or

"Telling the court how support for a child or young person is working"

101: Custody orders, or

"When a court decides a child needs care, it can give custody to someone else to keep them safe."

Part 2Care and protection of children and young persons
Support orders

100Failure to observe conditions of support order

Where the court makes an order under section 91 or section 92 directing any person or organisation to provide support to a child or young person, the chief executive or that person or organisation may, in any case where the child or young person or a parent or guardian or other person having the care of, or residing with, the child or young person has failed to comply with a condition of the order (including any condition imposed under section 96 or section 97), apply to the court for a declaration that the child or young person or the parent or guardian or other person having the care of, or residing with, the child or young person has failed to comply with the condition.
The court may, on any application under subsection (1), where it is satisfied that any child or young person or any parent or guardian or other person having the care of, or residing with, the child or young person has failed, without reasonable excuse, to comply with the condition of the order, make such a declaration and make any order under section 127 as if an application had been made under section 125 in relation to the order.
Every application under this section shall be served on—
the child or young person to whom the order relates; and
any parent or guardian or other person having the care of the child or young person; and
if the application relates to any person residing with the child or young person, that person.

Compare

1974 No 72 s 48(1)–(3)

Notes

Section 100(1): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).