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Family Proceedings Act 1980

Children - Welfare of children

46: Reports as to children

You could also call this:

"A court can ask a social worker to write a report about what's best for a child."

Illustration for Family Proceedings Act 1980

When a court is making decisions about a child, you might hear from a social worker. The court can ask the social worker to write a report about what is best for the child. The report will look at who will take care of the child every day and how the child will be supported. The social worker will write the report and give it to the court. The court will then give a copy of the report to the lawyers involved in the case and to the child's lawyer if they have one. If someone involved in the case does not have a lawyer, they will get a copy of the report directly. You or your lawyer can give the court more information about what is in the report. The social worker might also need to come to court to talk about what they wrote in the report.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40436.

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Family and relationships > Children and parentingCrime and justice > Courts and legal help
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Part 5Children
Welfare of children

46Reports as to children

  1. In any proceedings under this Act relating to a child the court may request a social worker to submit to the court a written report on the arrangements that are proposed by the parties to the proceedings, or either of them, for the day-to-day care, maintenance, and welfare of the child, and on any other matter that is relevant to the child in the proceedings.

  2. The social worker shall report accordingly.

  3. The Registrar of the court shall give a copy of the report—

  4. to every barrister or solicitor appearing for a party to the proceedings; and
    1. to any barrister or solicitor representing a child who is involved in the proceedings; and
      1. where a party to the proceedings is not represented by a barrister or solicitor, to that party.

        1. Any party may tender evidence on any matter referred to in the report.

        2. At the request of the court, the social worker shall appear as a witness in respect of any matter referred to in or arising out of the report.

        Notes
        • Section 46(1): amended, on , by section 151 of the Care of Children Act 2004 (2004 No 90).