Family Violence Act 2018

If you need more information about this Act, please contact the administering agency: Ministry of Justice

Applications: by or against children

62 Applications by children


A child may, under this section, make an application for a protection order.


A child may make the application only—


by a representative (for example, an approved organisation that is authorised by section 74 to take proceedings under this Act on behalf of the child); or


if aged 16 years old or over (in which case this paragraph authorises the child to take proceedings without a representative); or


if authorised under rules of court to do so without a representative.


This section does not limit or affect the making or operation of rules of court (for example, rules made under section 16A(1) of the Family Court Act 1980) that—


prevent an incapacitated child from taking part in, or from taking a step in, all or any specified proceedings under this Act without a litigation guardian:


provide for a representative to make all or any specified applications under this Act on behalf of a child prevented by physical incapacity, fear of harm, or another sufficient cause from applying personally.

Compare: 1995 No 86 s 9