Family Courts Rules 2002

  • not the latest version

Schedule 3
Forms for proceedings under Child Support Act 1991

rr 62(2), 255

Form CS 1
Front page for certain documents filed in Court under Child Support Act 1991

rr 72(1)(a), 225

Form CS1 Front page for certain documents filed in Court under Child Support Act 1991.

In the Family Court at [place] CS no: ............ Appellant [full name, address, and occupation of objector] Respondent [full name, address, and occupation of respondent(s)] [Set out full description of document (including whether it is made with or without notice), its date, and, in the case of an affidavit or affirmation, the name of the deponent and in whose support it is filed.] This document is filed by [name and address for service, and, if filed by lawyers, the name and telephone number of the acting lawyer].

  • Schedule 3 form CS 1: amended, on 7 August 2008, by rule 24 of the Family Courts Amendment Rules 2008 (SR 2008/207).

Form CS 2
Heading for certain documents issued by Court or Registrar under Child Support Act 1991

rr 73(1)(a), 225

Form CS2 Heading for certain documents issued by Court or Registrar under Child Support Act 1991.

In the Family Court at [place] CS no: . Appellant [full name, address, and occupation of objector] Respondent [full name, address, and occupation of respondent(s)]

  • Schedule 3 form CS 2: amended, on 7 August 2008, by rule 25 of the Family Courts Amendment Rules 2008 (SR 2008/207).

Form CS 3
Application for declaration that another person is step-parent of child

r 262(2)(a)

.

Form CS 4
Application for declaration that applicant is step-parent of child

r 262(2)(a)

.

Form CS 5
Notice of appeal against Commissioner's decision to accept application for formula assessment of child support

r 259

.
.

Form CS 6
Order upholding or disallowing appeal made under section 100 of Act

r 255

.

Form CS 7
Notice of appeal against Commissioner's decision to refuse to accept application for formula assessment of child support

r 259

.
.

Form CS 8
Order upholding or disallowing appeal made under section 101 of Act

r 255

.

Form CS 9
Notice of appeal against other administrative decisions of Commissioner

r 259

.

Form CS 10
Order upholding or disallowing appeal made under section 102 of Act

r 255

.

Form CS 11
Notice of appeal against assessment

r 259

.

Form CS 12
Order upholding or disallowing appeal against assessment

r 255

.

Form CS 12A
Notice of appeal against Commissioner's determination or decision under subpart 3 of Part 5A of Act

r 255

.
  • Forms CS 12A to CS 12F were inserted, as from 23 October 2006, by rule 4(2) Family Courts Amendment Rules 2006 (SR 2006/325).

Form CS 12B
Order upholding or disallowing appeal made under section 103A of Act

r 255

.
  • Forms CS 12A to CS 12F were inserted, as from 23 October 2006, by rule 4(2) Family Courts Amendment Rules 2006 (SR 2006/325).

Form CS 12C
Notice of appeal by respondent against Commissioner's determination under Part 6A of Act

r 255

.
  • Forms CS 12A to CS 12F were inserted, as from 23 October 2006, by rule 4(2) Family Courts Amendment Rules 2006 (SR 2006/325).

Form CS 12D
Order upholding or disallowing appeal made under section 103B of Act

r 255

.
  • Forms CS 12A to CS 12F were inserted, as from 23 October 2006, by rule 4(2) Family Courts Amendment Rules 2006 (SR 2006/325).

Form CS 12E
Notice of appeal against Commissioner's determination under Part 6B of Act

r 255

.
  • Forms CS 12A to CS 12F were inserted, as from 23 October 2006, by rule 4(2) Family Courts Amendment Rules 2006 (SR 2006/325).

Form CS 12F
Order upholding or disallowing appeal made under section 103C of Act

r 255

.
  • Forms CS 12A to CS 12F were inserted, as from 23 October 2006, by rule 4(2) Family Courts Amendment Rules 2006 (SR 2006/325).

Form CS 13
Application for departure from formula assessment in special circumstances

r 255

.
.

Form CS 14
Order for departure from formula assessment

r 255

.

Form CS 15
Application for order for provision of child support in form of lump sum

r 255

.
.

Form CS 16
Order for provision of child support in form of lump sum

r 255

.

Form CS 17
Application for order to discharge (or suspend or revive or vary) order made under section 106 or section 109 of Act

r 255

.
.

Form CS 18
Order to discharge (or suspend or revive or vary) order made under section 106 or section 109 of Act

r 255

.

Form CS 19
Application for order to set aside voluntary agreement

r 255

.

Form CS 20
Order to set aside voluntary agreement

r 255

.

Form CS 21
Application for urgent maintenance order

r 255

.

Form CS 22
Urgent maintenance order

r 255

.

Form CS 23
Application for suspension order

r 255

.

Form CS 24
Suspension order

r 255

.

Form CS 25
Notice of application to respondent

r 32(2)(b), 268(1)(a)

(General heading—Form G 2)

To:

Notification of application for order

[Full name], the applicant, has filed an application in this Court. A copy of the application is attached.

The order (or orders) sought by the applicant are specified in the application.

Notice of defence

If you wish to defend the application, you must, within 21 days after the date on which you receive this notice,—

  • (a) file a notice of defence and an accompanying affidavit in this office of the Court; and

  • (b) serve a copy of the notice of defence and a copy of the accompanying affidavit on the other party (or parties) to the proceedings. Those copies may be delivered to the address for service given by the applicant (or by other parties).

You should note that if you do not file and serve a notice of defence and accompanying affidavit within that time you may not be able to defend the application. On the day of the hearing of the application, should you appear, the Judge may—

  • (a) allow you to take part in the hearing of the application only on such terms as the Judge thinks fit; or

  • (b) decline to allow you to take part.

You should also note that the Judge may make an order against you for costs properly incurred as a consequence of your failure to file and serve a notice of defence and accompanying affidavit within time.

If you do not file and serve a notice of defence and accompanying affidavit, the case may proceed without further notice to you.

Address for service

If you do not wish to defend the application but you do wish to know what is happening, you must—

  • (a) file in this office of the Court a notice giving the address of a place in New Zealand at which documents may be left for you; and

  • (b) serve a copy of the notice on the other party (or parties) to the proceedings. That copy may be delivered to the address for service given by the applicant (or by other parties).

Assistance

A lawyer will prepare a notice of defence for you. If you want a lawyer but think you cannot afford one, contact an office of the Family Court immediately. You may also see a specimen form of the notice of defence at any office of the Family Court.

Liability as a witness

Even if you take no action, the Court may summon you as a witness to help it deal with the application.

Copies of orders

You will get a copy of any orders made against you. However, any order will probably be in force from the time it is made. The fact that you have not got a copy of the order will not be an excuse for not obeying it.

Advice

If you need help, consult a lawyer or contact a Family Court office immediately.

Office hours

The office of the Family Court is open from 8.30 am to 5 pm on Mondays to Fridays inclusive.

..............................................
Registrar

..............................................
Date


  • Schedule 3 form CS 25: amended, on 3 August 2009, by rule 12(1) of the Family Courts Amendment Rules 2009 (SR 2009/185).

Form CS 26
Notice of application to respondent residing outside New Zealand

r 32(2)(b)

(General heading—Form G 2)

To:

Notification of application for order

[Full name], the applicant, has filed an application in this Court. A copy of the application is attached.

The order (or orders) sought by the applicant are specified in the application.

Jurisdiction of Court

The Court may make an order for [set out order] if [set out bases for jurisdiction in respect of each order sought, following closely the relevant provisions of the Act].

Notice of defence

If you wish to defend the application or be heard on it, you must, either directly or through a lawyer in the place where you are, send authority to a lawyer in New Zealand, by air mail, instructing that lawyer to act for you. If you wish to defend the application, you must, within [specify number] days of receiving this notice,—

  • (a) file a notice of defence and an accompanying affidavit in this office of the Court; and

  • (b) serve a copy of the notice of defence and a copy of the accompanying affidavit on the other party (or parties) to the proceedings. Those copies may be delivered to the address for service given by the applicant (or by other parties).

You should note that if you do not file and serve a notice of defence and accompanying affidavit within that time you may not be able to defend the application. On the day of the hearing of the application, should you appear, the Judge may—

  • (a) allow you to take part in the hearing of the application only on such terms as the Judge thinks fit; or

  • (b) decline to allow you to take part.

You should also note that the Judge may make an order against you for costs properly incurred as a consequence of your failure to file and serve a notice of defence and accompanying affidavit within time.

If you do not file and serve a notice of defence and accompanying affidavit, the case may proceed without further notice to you.

Address for service

If you do not wish to defend the application but you do wish to know what is happening, you must—

  • (a) file in this office of the Court a notice giving the address of a place in New Zealand at which documents may be left for you; and

  • (b) serve a copy of the notice on the other party (or parties) to the proceedings. That copy may be delivered to the address for service given by the applicant (or by other parties).

Copies of orders

You will get a copy of any orders made against you. However, any order will probably be in force from the time it is made. The fact that you have not got a copy of the order will not be an excuse for not obeying it.

Advice

If you need help, consult a lawyer in the place where you are immediately.

If you intend to employ a lawyer in New Zealand, you should ask about your eligibility for legal aid in this country.

..............................................
Registrar

.............................................
Date.


  • Schedule 3 form CS 26: amended, on 3 August 2009, by rule 12(2) of the Family Courts Amendment Rules 2009 (SR 2009/185).

Form CS 27
Notice of intervention

r 269(a)

.

Form CS 28
Affidavit of financial means and their sources

r 260

.
.
.
  • Clauses 1, 3 and 4 were amended, as from 1 July 2004, by rule 7(1) Family Court Amendment Rules 2004 (SR 2004/165) by substituting the word affidavit for the word declaration.

Form CS 29
Request for issue of warrant of distress

r 255

.

Form CS 30
Warrant of distress

r 255

.
.

Form CS 31
Charging order

r 255

.
  • Form CS 31 was amended, as from 1 July 2004, by rule 7(2) Family Court Amendment Rules 2004 (SR 2004/165) by omitting the words *Delete if inapplicable.

Form CS 32
Receiving order

r 255

.
.

Form CS 33
Summons to attend examination as to means and default

r 255

.

Form CS 34
Warrant to arrest respondent for examination as to means and default

r 255

.

Form CS 35
Summons to witness to attend examination

r 255

.
.

Form CS 36
Warrant to arrest witness for attendance at examination of respondent

r 255

.

Form CS 37
Warrant to arrest respondent for attendance at contempt proceedings

r 255

.

Form CS 38
Application without notice for issue of warrant for arrest of respondent

r 255

.
.

Form CS 39
Warrant for arrest of absconding respondent

r 255

.