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Oranga Tamariki Act 1989

Care and protection of children and young persons - Custody orders

107: Person in whose custody child or young person is placed may determine access rights in absence of court order

You could also call this:

"You decide who can visit a child in your care if there's no court order."

Illustration for Oranga Tamariki Act 1989

If a court decides a child or young person will live with you, you get to decide who can visit them. This is because the court has not made a special order about who can visit the child or young person, like under section 113B(1)(b) or section 121. You can choose whether someone can visit the child or young person, and you can also decide the rules for those visits.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150436.

Topics:
Family and relationships > Children and parentingCrime and justice > Courts and legal help
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106: Living arrangements where child or young person placed in custody of iwi social service, etc, or

"Who decides where a child lives when they're in the care of an iwi social service"

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108: When custody order shall cease to have effect, or

"When a court order for your care stops being in effect, like when you turn 18 or get married."

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

107Person in whose custody child or young person is placed may determine access rights in absence of court order

  1. Where—

  2. the court makes an order under section 101 placing a child or young person in the custody of any person; and
    1. the court has not made an order under section 113B(1)(b) or section 121 granting any person access to the child or young person,—
        1. the person in whose custody the child or young person is placed shall, subject to any order of any court, have the sole authority to decide whether, and on what terms and conditions (if any), any person is to have access to the child or young person.

      Notes
      • Section 107(b): amended, on , by section 20 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).