Plain language law

New Zealand law explained for everyone

Adoption Act 1955

Making of adoption orders

12: Revocation of interim order

You could also call this:

"Stopping an interim order: how to cancel a temporary decision about a child's care"

Illustration for Adoption Act 1955

If you want to stop an interim order, you can ask the court to revoke it. The court can decide to revoke the order if it thinks it is a good idea. The court can also say who has to pay back money that was spent on the child. You can appeal to the High Court if the District Court says no to revoking the interim order. The High Court can make a different decision. If the interim order is revoked, the people who got the order can appeal to the High Court against the revocation. The High Court can cancel the revocation or change its terms. If the court says someone has to pay back money, that person has to pay it back, just like they would if the court had made a judgment against them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293166.

Topics:
Family and relationships > Children and parentingCrime and justice > Courts and legal help
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11: Restrictions on making of orders in respect of adoption, or

"Rules to Follow Before a Child Can be Adopted"

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13: Issue of adoption order where an interim order has been made, or

"Applying for adoption after caring for a child with an interim court order"

12Revocation of interim order

  1. On the application of any person, the court may in its discretion revoke an interim order in respect of any child on such terms as the court thinks fit, including an order for the refund by some person specified in the order of money spent by any proposed adopter for the child's benefit.

  2. Where on the application of any person the District Court has refused to revoke an interim order in respect of any child, that person may, within 1 month after the date of the refusal, appeal to the High Court against the refusal; and the High Court may in its discretion make any order which the District Court could have made under subsection (1).

  3. Where any interim order has been revoked as aforesaid, the person or persons in whose favour the interim order was made may, within 1 month after the date of the revocation, appeal to the High Court against the revocation or against the terms of the revocation; and the High Court may, if it thinks fit, cancel the revocation or vary the terms thereof.

  4. Any such order for the refund of money shall be enforceable as a judgment of the court in favour of the person to whom the money has to be repaid.

Notes
  • Section 12(1A): inserted, on , by section 4 of the Adoption Amendment Act 1965 (1965 No 32).
  • Section 12(1A): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 12(1A): amended, on , pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
  • Section 12(1A): amended, on , pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).
  • Section 12(1B): inserted, on , by section 4 of the Adoption Amendment Act 1965 (1965 No 32).
  • Section 12(1B): amended, on , pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).