Family Keywords

Useful keywords, phrases and legislation for use in searching for family related judgments.

Keywords and phrases   Legislation

Keywords and phrases

A B C D E F G H I J K L M N O P Q R S T U V W

A

Abduction

Access

Access to adoption records

Additional access

Additional guardians appointed

Additional guardianship

Adjournment for information from overseas jurisdiction

Alcohol addition

Alienation

Alleged abduction

Appeal against decision

Application for contact

Application for costs

Application for discharge of custody order

Application for discharge of protection order

Application for Judge’s recusal

Application for leave

Application for occupation

Application for order preventing child’s removal

Application for return of child abducted to New Zealand

Application for standard condition to be modified or discharged

Application that lawyer for child be dismissed

Application to enforce relationship property agreement

Appointment of additional guardian

Appointment of litigation guardian

Appointment of property manager

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B

Breach of protection order

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C

Care and contact of children

Care and protection declaration

Care of children

Caveat

Child in custody of Open Home Foundation (OHF)

Child maintenance

Child support

Child support liability

Children in need of care and protection

Clerical mistakes and slips

Compulsory secure care order

Compulsory treatment

Confirmation of overseas maintenance order

Contact

Contact order

Contact when parent in prison

Contested will

Cost contribution

Costs

Costs contribution

Court jurisdiction

Custody

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D

Day-to-day care

De facto relationship

Declaration

Declaration as to non-paternity

Declaration as to paternity

Declaration that children are in need of care or protection

Defended application for costs

Departure from formula assessment

Determining value of relationship property

Directions conference

Discharge of custody order

Discharge of order preventing removal

Discharge of protection order

Discharge of temporary protection order

Discovery

Dispute between guardians

Division of relationship property

Domestic violence

Drug use

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E

Economic disparity

Extraordinary circumstances

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F

Family violence

Final adoption order

Final occupation order in favour of applicant

Final parenting order

Final protection order

Formal proof hearing

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G

H

Hague Convention

Hague Convention on the Civil Aspects of International Child Abduction

Historic proceedings

History of domestic violence

Home for Life

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I

Immigration

Intellectual disability

Interim adoption order

Interim and final restraining orders

Interim decision

Interim parenting agreement

Interim spousal maintenance

Interim support order

International child maintenance

International custody dispute

International surrogacy

Inter-partes costs

J

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K

L

Late filing

Lawyer conflict of interest

Lawyer for Child Best Practice Guidelines

Lawyer for child costs

Legal uncertainty

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M

Maintenance order

Minor in proceedings

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N

Naming dispute

Necessity of second counsel

Next friend

Notice of claim

Notice of intention to appear

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O

Occupation rent

Order preventing removal

Order preventing removal of children

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P

Parenting order

Parenting order application

Parenting orders

Paternity order

Permanent placement

Permanent placement with a access issues

Permission to vary order for overseas holiday

Person’s care on conviction

Protection order

Psychological abuse

Psychological report

Q

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R

Relationship property proceedings

Relocation

Removal from New Zealand

Removal of guardian

Restraining order

Retraction of serious allegations

Revocation of enduring power of attorney

Role of lawyer for child

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S

Safety hearing

Safety issues

Sale of relationship property

Serious violence

Sexual abuse allegation

Shared care arrangement

Statutory interpretation

Step-parent adoption

Strike out

Strike out proceedings

Supervision

Supervision of care

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T

Test of mental disorder

Testamentary promises and family protection claim

Transfer of proceedings to High Court

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U

United Nations Convention on the Recovery Abroad of Maintenance

Unsubstantiated sexual abuse claim

Unsupervised access

Unsupervised care arrangements

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V

W

Wardship application

Welfare and best interest of the child

Whether applicant was exercising rights of custody

Whether father’s access should be unsupervised

Whether mother’s access should be increased by 2 days per week

Whether proceedings for both children could occur together

Whether s 186 social work report was necessary

Whether special circumstances existed to justify a final order

Whether there are care and protection concerns given pending criminal charges of the child’s day-to-day carer

Winding up of family trust

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Legislation

Adoption (Intercountry) Act 1977,

s 10 (Approval of placement)

Adoption Act 1955,

ss 5 (Interim orders to be made in first instance), 10 (Social worker to report), 23 (Inspection of adoption records)

Care of Children Act 2004,

ss 4 (Child’s welfare and best interests to be paramount), 4(2)(a)(i), 5 (Principles relating to child’s welfare and best interests), 5(a) 5(e), 5A (Domestic violence to be taken into account), 6 (Child’s views), 9 (De facto partner defined), 29 (Court may remove guardians), 46G (Counselling after proceedings commenced), 46R (Disputes between guardians), 47 (Who may apply for parenting order), 48 (Parenting orders), 49 (Interim parenting orders), 49B (Interim parenting order may become final order on specified date), 49B(1), 49C (Final parenting orders), 77 (Preventing removal of child from New Zealand), 105 (Application to court for return of child abducted to New Zealand), 106 (Grounds for refusal of order for return of child), 133 (Reports from other persons), 135A (Order requiring reimbursement of costs payments)

Child Support Act 1991,

ss 103B (Appeal by respondent from determination under Part 6A), 103D (Powers of Family Court on appeal), 105 (Matters as to which court must be satisfied before making order), 106 (Orders that may be made

Children, Young Persons, and Their Families Act 1989,

ss 5 (Principles to be applied in exercise of powers conferred by this Act), 5(b) 6 (Welfare and interests of child or young person paramount), 13 (Principles), 14 (Definition of child or young person in need of care or protection), 14(1)(a), 14(1)(b), 14(1)(f), 14(1)(h), 67 (Grounds for declaration that child or young person is in need of care or protection), 78 (Custody of child or young person pending determination of proceedings), 83 (Orders of court on making of declaration), 83(1)(b), 87 (Restraining orders), 88 (Interim restraining orders), 91 (Support orders), 101 (Custody orders), 110 (Guardianship orders), 121 (Court may make orders for access and exercise of other rights by parents and other persons), 125 (Application for variation or discharge of orders made under this Part), 178 (Medical, psychiatric, and psychological reports)

Crimes Act 1961,

s 59 (Parental control)

Criminal Procedure (Mentally Impaired Persons) Act 2003,

ss 25 (Alternative decisions in respect of defendant unfit to stand trial or insane), 25(1)(b), 34 (Power of court to commit offender to hospital or facility on conviction), 34(1)(b)(i)

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District Courts Rules 2014,

r 14.2 (Principles applying to determination of costs)

Domestic Violence Act 1995,

ss 3 (Meaning of domestic violence), 3(3), 13 (Application without notice for protection order), 14 (Power to make protection order), 16 (Protection of persons other than applicant), 21 (Standard condition relating to weapons), 22 (Court may dispense with, modify, discharge, or re-impose standard condition relating to weapons), 23 (Further provisions relating to powers conferred by section 22), 47 (Power to discharge protection order)

Family Courts Act 1980,

ss 9B (Role of lawyer appointed to represent child or young person in proceedings), 14 (Transfer of proceedings to High Court)

Family Courts Rules 2002,

rr 2 (Commencement), 90 (Minor must be represented by next friend or litigation guardian), 90(2), 90A (Minor may apply to take part in proceedings without next friend or litigation guardian), 90B (Appointment of next friend for minor), 193 (Striking out pleading), 204 (Clerical mistakes and slips), 207 (Costs at discretion of court), 416Z (Directions conference)

Family Proceedings Act 1980,

ss 47 (Applications for paternity orders), 49 (Time limit on applications for paternity orders), 49(2)(b), 63 (Maintenance during marriage or civil union), 82 (  Interim maintenance), 138 (Confirmation of provisional orders made in Commonwealth or designated countries), 145 (Applications for maintenance by applicants residing in Convention countries), 145C (Maintenance of children)

Family Protection Act 1955

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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003,

ss 3 (Purposes), 7 (Meaning of intellectual disability), 8 (Persons who do not have intellectual disability), 8(2), 11 (Principles governing exercise of powers under this Act), 85 (Extension of compulsory care order), 86 (Co-ordinator may seek variation of compulsory care order), 87 (Court may defer expiry of order if application for extension pending)

Interpretation Act 1999,

ss 5 (Ascertaining meaning of legislation), 5(1)

Land Transfer Act 1952,

ss 137 (Caveat against dealings with land under Act), 145 (Lapse of caveat against dealings)

Law Reform (Testamentary Promises) Act 1980

Mental Health (Compulsory Assessment and Treatment) Act 1992,

ss 2 (Interpretation), 29 (Community treatment orders), 33 (Compulsory treatment order to expire after 6 months)

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Property (Relationships) Act 1976,

ss 8 (Relationship property defined), 8(1)(e), 11 (Division of relationship property), 13 (Exception to equal sharing), 15 (Court may award lump sum payments or order transfer of property), 18B (Compensation for contributions made after separation), 18C (Compensation for dissipation of relationship property after separation), 20D (Calculation of net value of relationship property), 40 (Costs), 42 (Notice of interest against title)

Protection of Personal and Property Rights Act 1988,

ss 31 (Appointment of manager), 105 (Court may revoke appointment of attorney)

Status of Children Act 1969

Status of Children Act 1969,

ss 10 (Declaration as to paternity), 16 (Application of Part)

Summary Offences Act 1981

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