Care of Children Act 2004

93 Restrictions on right to make request under section 92

• (1) A request may not be made to the Registrar under section 92 in respect of an order about the role of providing day-to-day care for, or about contact with, a child unless,—

  • (a) in the case of a request made by, or on behalf of, a person who, under the order, has the role of providing day-to-day care for the child, the person by whom or on whose behalf the request is made—

    • (i) believes, on reasonable grounds, that another person will apply, in a prescribed overseas country, for the role of providing day-to-day care for the child; or

    • (ii) is unable to have the order enforced in New Zealand because the child was removed from New Zealand, without the consent of that person, during the course of the proceedings in which the order was made:

  • (b) in the case of a request made by, or on behalf of, a person who, under the order, may have contact with the child, the person by whom or on whose behalf the request is made believes, on reasonable grounds, that it is necessary to register the order in a prescribed overseas country in order to ensure that the order may be enforced in that country.

  (2) If a request is made to the Registrar under section 92,—

  • (a) the Registrar may require the person by whom or on whose behalf the request is made to supply to the Registrar any evidence in support of that request that may be necessary to enable the Registrar to determine whether or not the requirements of this section, as they relate to the making of that request, are met; and

  • (b) the Registrar may refuse to take any further action on that request until that evidence is so supplied.

  Compare: 1968 No 63 s 22LA