Family Proceedings Act 1980

Overseas maintenance - Maintenance of children in respect of applications from persons in Convention countries

145F: Power of court to make maintenance orders in respect of children

You could also call this:

"Courts can help decide child maintenance payments"

Illustration for Family Proceedings Act 1980

You can apply to the court for a maintenance order for a child. The court will hear and decide on your application. If the other person agrees to the order, you might not need a court hearing. You can get a maintenance order from a Family Court Judge or a Family Court Associate. Before they make an order, they must tell the other person to get legal advice. They must also give the other person a chance to get that advice. If you want to know more about applying for a maintenance order, look at section 145A(b). The court follows rules to make sure the process is fair. The rules help the court make decisions about maintenance orders for children.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41479.


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"Helping pay for a child's care through a court order"

Part 8Overseas maintenance
Maintenance of children in respect of applications from persons in Convention countries

145FPower of court to make maintenance orders in respect of children

  1. An application referred to in section 145A(b) must be heard and determined by a Family Court Judge.

  2. However, if the respondent consents to the orders sought in the application no hearing is required and the orders sought may be made by—

  3. a Family Court Judge; or
    1. a Family Court Associate exercising the powers of a Family Court Judge.
      1. Before making any orders under subsection (2), the Family Court Judge or Family Court Associate must—

      2. advise the respondent to obtain legal advice; and
        1. afford the respondent the opportunity to obtain that advice.
          Notes
          • Section 145F: replaced, on , by section 52 of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).