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Oranga Tamariki Act 1989

Care and protection of children and young persons - Custody orders

108: When custody order shall cease to have effect

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

When you are in the custody of someone because of a court order made under section 101, that order stops being in effect when something specific happens. The order stops when it expires as stated in section 102, or when the terms of the order end. The order also stops when you turn 18 years old, or if you get married or enter into a civil union.

If you are adopted by someone who is not your parent, the order also stops. The order stops when the first of these things happens. This means that the order can stop for different reasons, and it stops as soon as one of those reasons happens.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150437.

Topics:
Family and relationships > Children and parentingFamily and relationships > Adoption and guardianship
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107: Person in whose custody child or young person is placed may determine access rights in absence of court order, or

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

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109: Custody to revert on expiry of order, or

"What happens to a child when a custody order ends and they go back to their original caregiver"

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

108When custody order shall cease to have effect

  1. Where the court makes an order under section 101 placing a child or young person in the custody of any person, that order shall cease to have effect when—

  2. the order expires in accordance with section 102; or
    1. the terms of the order expire; or
      1. in the case of a young person, that young person attains the age of 18 years; or
        1. in the case of a young person, that young person marries or enters into a civil union; or
          1. the child or young person is adopted by any person other than a parent of the child or young person—
              1. whichever first occurs.

            Notes
            • Section 108(c): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
            • Section 108(d): amended, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).