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Oranga Tamariki Act 1989

Care and protection of children and young persons - Custody orders

102: Interim custody orders

You could also call this:

"A temporary order to keep a child safe until a final decision is made."

Illustration for Oranga Tamariki Act 1989

If a court thinks a child or young person needs care or protection, it can make an interim custody order. This order is temporary and the court makes it instead of a final order under section 101. The court does this to help keep the child or young person safe.

An interim custody order only lasts for six months after it is made. After that, it stops being in force. If an interim custody order is made, the court can make another decision about the child or young person's care.

The court can make another interim custody order under section 101, or a final order, or a different type of order, such as those mentioned in section 83(1) or section 84(1). The court can also decide to dismiss the application, which means it does not make any of these orders. The court can make these decisions if someone who was involved in the original application asks it to.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150423.

Topics:
Family and relationships > Children and parentingCrime and justice > Courts and legal help
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101: Custody orders, or

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

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

102Interim custody orders

  1. Where the court is satisfied that a child or young person is in need of care or protection, it may, instead of making a final order under section 101, make an interim custody order under that section.

  2. No interim custody order made pursuant to this section shall continue in force for more than 6 months after the date on which it is made.

  3. Where an interim custody order is made pursuant to this section, the court may, on application by any person who was the applicant in the proceedings in which the order was made, or any person on whom the application in those proceedings was served in accordance with section 152, or the person in whose custody the child or young person was placed,—

  4. make 1 but only 1 further interim custody order under section 101; or
    1. make a final order under that section; or
      1. make such other order referred to in section 83(1) or section 84(1) as the court thinks fit; or
        1. dismiss the application.

          Notes
          • Section 102(1): amended, on , by section 63 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).