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Oranga Tamariki Act 1989

Trans-Tasman transfer of protection orders and protection proceedings - Transfer of protection proceedings from New Zealand by order of court

207T: Interim order

You could also call this:

"A temporary decision to keep a child safe until a permanent one is made"

Illustration for Oranga Tamariki Act 1989

If a court decides to transfer protection proceedings, it can also make an interim order about the child or young person. This interim order can say who the child or young person will live with and under what conditions. The court can also say who will supervise or support the child or young person.

The interim order is like a temporary decision that is made until a more permanent one is made. It can last for up to 30 days, but it can be changed, cancelled, or extended by the Children's Court in the other state. The rules in Part 2 apply to interim orders, similar to orders made under section 78, but with some differences.

You can think of an interim order like a stopgap measure to keep the child or young person safe until a more permanent decision is made. The court makes this decision to ensure the child or young person's well-being while the protection proceedings are being transferred. The interim order is an important part of the process to protect the child or young person.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152145.

Topics:
Family and relationships > Children and parentingFamily and relationships > Adoption and guardianshipCrime and justice > Courts and legal help
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207S: Court to have regard to certain matters, or

"The court thinks about what's best for the child when making big decisions about their care and safety."

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207U: Appeal against order for transfer, or

"Challenging a court decision to move a child protection case to a different court"

Part 3ATrans-Tasman transfer of protection orders and protection proceedings
Transfer of protection proceedings from New Zealand by order of court

207TInterim order

  1. A court that orders that protection proceedings be transferred may also make an interim order in respect of the child or young person concerned.

  2. An interim order—

  3. may release the child or young person into the care of any person, subject to any conditions that the court considers appropriate; and
    1. may direct that supervision or support be provided to the child or young person by the interstate officer in the participating State or by any other person who could be so directed under the child welfare law of that State.

      1. Part 2 applies, with any necessary modification, to an interim order, as if the interim order were an order made under section 78, except that an interim order—

      2. remains in force for the period (not exceeding 30 days) specified in the interim order:
        1. may be varied, or revoked, or extended, by the Children's Court in the participating State in accordance with the interstate law of that State.

          Notes
          • Section 207T: inserted, on , by section 3 of the Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).