Family Courts Rules 2002

  • not the latest version

Schedule 4
Forms for proceedings under Children, Young Persons and Their Families Act 1989

rr 62(2), 275

Form CYPF 1
Front page for documents filed in Court under Children, Young Persons, and Their Families Act 1989

r 72(1)(a), 275

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Form CYPF 2
Heading of documents issued by Court or Registrar under Children, Young Persons, and Their Families Act 1989

r 73(1)(a), 275

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Form CYPF 3
Certificate as to holding of family group conference

r 279(1)(a)

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Form CYPF 4
Information sheet to accompany applications under Children, Young Persons, and Their Families Act 1989

r 20(1)(b)

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Form CYPF 5
Notice of application

r 32(2)(b)

Children, Young Persons, and Their Families Act 1989

(Heading—Form CYPF 2)

To:

[Repeat if more than 1 respondent.]

Notification of application for order

[Full name], the applicant, has filed an application at this Court.

A copy of the application is attached. The order(s) or declaration(s) sought by the applicant is (or are) specified in the application.

Notice of intention to appear

If you wish to appear at the hearing of the application, either to support or to oppose the application, you must, within 7 days after the service of this notice on you, file a notice of intention to appear in this office of the Court.

If you file a notice of intention to appear, you must serve a copy of the notice on the applicant or the applicant’s solicitor. The copy may be delivered to the address for service given by the applicant. You must also serve a copy of the notice on the barrister or solicitor representing the child (or young person) that the application is about, who is [full name], of [address]

You should note that if you do not file and serve a notice of intention to appear within 7 days after receiving service of this notice 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 intention to appear within time.

If you do not file and serve a notice of intention to appear, the case may proceed without further notice to you.

If you do not wish to appear either to support or to oppose the application, but you do wish to be kept informed of what is happening in respect of the application, 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 other party (or parties).

If you do not appear at the hearing of the application, and the Court considers that your presence is necessary to enable the Court to hear and determine the application, a summons may be issued requiring you to attend. If you do not obey the summons, you may be arrested and brought before the Court.

A mediation conference may be held to discuss the application. You will be given notice of the time and place at which the conference will be held. You will be requested to attend that conference.

Assistance

You may instruct a lawyer to prepare on your behalf a notice of intention to appear. 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 intention to appear at any office of the Family Court.

Copies of orders

You will get copies of any orders made pursuant to this application.

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.

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Registrar

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


  • Schedule 4 form CYPF 5: amended, on 3 August 2009, by rule 13 of the Family Courts Amendment Rules 2009 (SR 2009/185).

Form CYPF 7
Notice of proposal to make order

r 300(4)

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Form CYPF 8
Summons to attend mediation conference (or hearing)

r 275

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Form CYPF 9
Summons for attendance of child or young person at hearing

r 275

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Form CYPF 10
Warrant to arrest party for attendance at hearing

r 275

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Form CYPF 11
Warrant to bring child or young person before Court

r 275

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Form CYPF 12
Warrant to deliver child or young person to person entitled to access

r 275

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Form CYPF 13
Summons, by way of recall, to appear before Family Court

r 275

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Form CYPF 14
Application relating to secure care

r 275

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Form CYPF 15
Notice of application relating to detention in secure care

r 275

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