Oranga Tamariki Act 1989

Appeals - Appeals from decisions of Family Court

345: Interim custody order pending appeal

You could also call this:

"A temporary care order for a child while an appeal is being decided"

Illustration for Oranga Tamariki Act 1989

If you are involved in an appeal under section 341(2), you can ask the court that made the original decision or the High Court to make a temporary order about who looks after the child or young person until the appeal is decided. The court can make this order with conditions it thinks are suitable. You can get this temporary order on the day you ask for it, and it stays in place until the appeal is finally decided by the High Court, unless it is cancelled sooner. This temporary order works like an order made under section 78, and the rules in sections 79 to 82 also apply to it, with some changes if needed. The High Court can change, modify, or cancel this temporary order, or change its conditions, if you or another party to the appeal asks, or if the court decides to do so on its own.

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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=DLM154077.

Topics:

Family and relationships > Children and parentingCrime and justice > Courts and legal help

344: Notice of appeal not to affect orders unless court otherwise directs, or

"Appealing a decision doesn't stop it from happening unless a court says so."

346: Procedure on appeal, or

"What happens when you appeal a Family Court decision"

Part 6Appeals
Appeals from decisions of Family Court

345Interim custody order pending appeal

Any party to an appeal under section 341(2) may apply to the court appealed from or to the High Court for an order relating to the custody of the child or young person to whom the appeal relates pending the determination of the appeal, and the court may make the order on such terms and conditions as it thinks fit.
Every order made under subsection (1) shall come into force on the day on which it is made and, unless sooner revoked, shall remain in force until the appeal is finally determined by the High Court.
An order made under subsection (1) shall have effect as if it were an order made under section 78, and the provisions of sections 79 to 82 shall apply with respect to the order with such modifications as may be necessary.
The High Court may at any time on the application of any party to the appeal or of its own motion vary, modify, or revoke any order made under subsection (1) or vary, modify, or revoke any term or condition of the order.

Notes

Section 345(1): amended, on 24 November 2003, by section 4 of the District Courts Amendment Act 2002 (2002 No 63).