Family Proceedings Act 1980

Overseas maintenance - Applications for child maintenance in respect of persons residing overseas

146A: Application for maintenance of child in respect of person resident outside New Zealand

You could also call this:

"Apply for child support from someone living outside New Zealand"

Illustration for Family Proceedings Act 1980

You can apply to the Family Court for a provisional maintenance order for a child against someone who lives outside New Zealand. You can do this if the person is proved to be living in another country or has left New Zealand to live in another country. The court will deal with your application in a certain way, which is outlined in sections 145B to 145I. You will need to consider if child support can be sought from the respondent under the Child Support Act 1991. The court will also think about if the respondent lives in a country that has an agreement with New Zealand to enforce child support. Your application will be treated as an application for a provisional order, which is explained in section 147. The rules in sections 91 and 92 will also apply to your application. These sections will help guide the court in making a decision about your application. The court's decision will be based on the information you provide and the rules that apply to your situation.

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This page was last updated on 26 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41800.

Topics:

Family and relationships > Children and parentingMoney and consumer rights > Child support

146: Provisions where service not effected, or

"What happens if court documents can't be delivered to someone?"

147: Provisional orders for confirmation overseas, or

"Asking a New Zealand court to make a maintenance order against someone living overseas"

Part 8Overseas maintenance
Applications for child maintenance in respect of persons residing overseas

146AApplication for maintenance of child in respect of person resident outside New Zealand

An application may be made to the Family Court for a provisional maintenance order in respect of a child against a person who is proved—
to be resident in a country outside New Zealand; or
to have left New Zealand with the intention of residing in a country outside New Zealand.

Any such application shall be dealt with in accordance with sections 145B to 145I as if those sections applied with necessary modifications, except that, in determining whether or not to make an order and its duration, the court shall also have regard to—
whether the respondent is a person from whom child support under the Child Support Act 1991 may be sought in respect of the child; and
whether the respondent is resident in a country with which New Zealand has entered into a reciprocal agreement for enforcement of child support.

Every application made under this section shall be treated as an application for a provisional order in accordance with section 147.
The provisions of sections 91 and 92 shall apply to any application under this section.

Notes

Section 146A: inserted, on 1 July 1994, by section 11 of the Family Proceedings Amendment Act 1994 (1994 No 32).