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Family Proceedings Act 1980

Children - Welfare of children

45: Arrangements for welfare of children on dissolution

You could also call this:

"Looking after kids when parents split up"

Illustration for Family Proceedings Act 1980

When a marriage or civil union ends, the Family Court must think about the children. You need to make sure arrangements are made for their day-to-day care and welfare. The court wants to know that these arrangements are satisfactory or the best that can be made. The Family Court will not end a marriage or civil union unless it is satisfied with the arrangements for the children. You must make arrangements for children under 16 years old, or older in special cases. The court may ask for a promise to bring the question of arrangements for the children back to court. A Registrar also needs to be satisfied with the arrangements for the children before ending a marriage or civil union. The court will not end a marriage or civil union without thinking about the children's welfare. If special circumstances exist, the court may still end the marriage or civil union, but it will ask for a promise to bring the question of arrangements back to court. If some rules are not followed, it does not mean the order to end the marriage or civil union is invalid. You must follow the rules, but mistakes do not automatically make the order invalid.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40429.

Topics:
Family and relationships > Children and parentingFamily and relationships > Marriage and partnerships
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Part 5Children
Welfare of children

45Arrangements for welfare of children on dissolution

  1. The Family Court shall not make an order dissolving a marriage or civil union unless it is satisfied that—

  2. arrangements have been made for the day-to-day care, maintenance, and other aspects of the welfare of every child of the marriage or civil union who is under the age of 16 years (or, in special circumstances, of or over that age) and those arrangements are satisfactory or are the best that can be devised in the circumstances; or
    1. it is impracticable for the party or parties appearing before the court to make any such arrangement; or
      1. there are special circumstances justifying the making of an order dissolving the marriage or civil union, notwithstanding that the court is not satisfied that any such arrangements have been made.

        1. A Registrar shall not make an order dissolving a marriage or civil union unless he or she is satisfied that arrangements have been made for the day-to-day care, maintenance, and other aspects of the welfare of every child of the marriage or civil union who is under the age of 16 years (or, in special circumstances, of or over that age) and those arrangements are satisfactory or are the best that can be devised in the circumstances.

        2. The Family Court shall not make an order dissolving a marriage or civil union, in reliance on any special circumstances referred to in subsection (1)(c), unless it has obtained a satisfactory undertaking from either or both of the parties to the proceedings to bring before the court within a specified time the question of the arrangements for every child of the marriage or civil union.

        3. No order dissolving a marriage or civil union shall be invalid solely on the ground that—

        4. any provision of subsections (1), (1A), and (2) has not been complied with; or
          1. any information that is relevant for the purposes of those subsections has not been supplied to the court; or
            1. any information that has been supplied is incomplete, incorrect, or misleading; or
              1. any undertaking that is given under subsection (2) has not been carried out.

                Notes
                • Section 45 heading: amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                • Section 45(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 45(1): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                • Section 45(1)(a): amended, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
                • Section 45(1)(a): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                • Section 45(1)(c): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                • Section 45(1A): inserted, on , by section 8(1) of the Family Proceedings Amendment Act 1994 (1994 No 32).
                • Section 45(1A): amended, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
                • Section 45(1A): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                • Section 45(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 45(2): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                • Section 45(3): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                • Section 45(3)(a): amended, on , by section 8(2) of the Family Proceedings Amendment Act 1994 (1994 No 32).