Care of Children Act 2004

83 Exercise of jurisdiction in respect of child subject to registered overseas parenting order

  • (1) If an overseas parenting order is registered in New Zealand under section 81 and that order relates to the role of providing day-to-day care for a child, or to having contact with a child, or to both of those matters, no court in New Zealand (other than in proceedings under any of sections 72 to 76) may, in respect of any matter determined by the overseas parenting order, exercise jurisdiction in relation to the child who is the subject of the order unless—

    • (a) every person having the role of providing day-to-day care for, or who may have contact with, the child, under the overseas parenting order consents to the exercise of jurisdiction by the court in the proceedings; or

    • (b) the court is satisfied that there are substantial grounds for believing that the welfare and best interests of the child will be adversely affected if the court does not exercise jurisdiction in the proceedings.

    (2) If a court in New Zealand exercises jurisdiction in proceedings relating to the role of providing day-to-day care for, or relating to having contact with, a child who is the subject of an overseas parenting order that is registered in New Zealand under section 81, the court must not make an order about the role of providing day-to-day care for, or about contact with, the child unless the person who commenced the proceedings satisfies the court—

    • (a) that the child’s welfare and best interests are likely to be adversely affected if the order is not made; or

    • (b) that there has been such a change in the child’s circumstances that the order ought to be made.

    (3) If a court in New Zealand exercises jurisdiction in proceedings relating to the role of providing day-to-day care for, or relating to having contact with, a child, and does so without notice of the existence of an overseas parenting order relating to that child and that is registered in New Zealand under section 81, any order made by the court on or after the date of the registration of the overseas parenting order and that is in respect of any matter determined by the overseas parenting order is of no effect.

    Compare: 1968 No 63 s 22C