Care of Children (International Child Abduction) (Forms) Rules 2005

Reprint
as at 19 August 2013

Coat of Arms of New Zealand

Care of Children (International Child Abduction) (Forms) Rules 2005

(SR 2005/98)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 18th day of April 2005

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These rules are administered by the Ministry of Justice.

Pursuant to section 146 of the Care of Children Act 2004, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following rules.

Rules

1 Title

  • These rules are the Care of Children (International Child Abduction) (Forms) Rules 2005.

2 Commencement

  • These rules come into force on 1 July 2005.

3 Forms

  • (1) An application under section 102(1) of the Care of Children Act 2004 must be in form 1 of the Schedule.

    (2) An application under section 112(1) of the Care of Children Act 2004 must be in form 2 of the Schedule.

4 Revocation

  • The Guardianship (International Child Abduction) (Forms) Rules 1991 (SR 1991/121) are revoked.

Schedule
Forms

r 3

Form 1
Application in accordance with the Hague Convention on the Civil Aspects of International Child Abduction for the return of a child abducted from New Zealand

r 3(1)

Section 102(1), Care of Children Act 2004

REQUESTING CENTRAL AUTHORITY OR APPLICANT: REQUESTED AUTHORITY:
   
This application concerns the following child: [insert full name of child to whom application relates], who will attain the age of 16 years on .................... 20...
NOTE: The following particulars should be completed in full where possible.
IIDENTITY OF THE CHILD AND HIS OR HER PARENTS
 Child 
 Name and first names: 
 Date of birth: 
 Place of birth: 
 Habitual residence before removal or retention: 
 Passport number or identity card number, if any: 
 Description [attach a photograph, if possible]: 
 Parents 
 Information concerning identity of parents of the child (complete for each parent):
   
 Name and first names: 
 Date of birth: 
 Place of birth: 
 Nationality: 
 Occupation: 
 Habitual residence: 
 Other contact details: 
 Passport number or identity card number, if any: 
   
 Name and first names: 
 Date of birth: 
 Place of birth: 
 Nationality: 
 Occupation: 
 Habitual residence: 
 Other contact details: 
 Passport number or identity card number, if any:
  
 Date and place of marriage or civil union of parents 
 If parents have never married or been in a civil union with each other, state “Not married or in a civil union”.
IIREQUESTING INDIVIDUAL OR INSTITUTION (who actually exercised custody before the removal or retention):
 Name and first names:  
 Nationality of individual applicant: 
 Occupation of individual applicant: 
 Address:  
 Other contact details: 
 Passport number or identity card number, if any:  
 Relationship to the child: 
 Name and address of legal adviser, if any: 
IIIPLACE WHERE THE CHILD IS THOUGHT TO BE
 Information concerning the person alleged to have removed or retained the child:
 Name and first names: 
 Date of birth:  
 Place of birth:  
 Nationality:  
 Occupation:  
 Last known address:  
 Passport number or identity card number, if any: 
 Description [and attach a photograph, if possible]:  
 Address of the child: 
 Other persons who might be able to supply additional information relating to the whereabouts of the child: [give full name, address, and contact details, if possible].
  
  
IVTIME, PLACE, DATE, AND CIRCUMSTANCES OF THE WRONGFUL REMOVAL OR RETENTION
  
  
  
VFACTUAL OR LEGAL GROUNDS JUSTIFYING THE REQUEST
  
  
  
VICIVIL PROCEEDINGS IN PROGRESS
  
  
  
VIICHILD IS TO BE RETURNED TO
 Name and first names:  
 Date of birth:  
 Place of birth: 
 Address: 
 Telephone No: 
 Proposed arrangements for return of the child:
  
  
  
VIIIOTHER REMARKS
  
  
  
IXLIST OF DOCUMENTS ATTACHED
The following documents are attached:
*(a)certified copy of relevant parenting order or decision or agreement concerning custody or access (including contact between parent and child):
*(b)certificate or affidavit as to the applicable law:
*(c)information relating to the social background of the child:
*(d)photograph of the child:
*(e)photograph of the person alleged to have removed or retained the child:
*(f)other [specify].
*Delete if inapplicable.
I authorise the requested Central Authority and its agents to act on my behalf and to do all things reasonable and necessary in connection with this application.
Date: ...................................................................
Place: ...................................................................
Signature [or stamp, or both] of the requesting Central Authority or applicant:
 

  • Schedule form 1: amended, on 19 August 2013, by rule 4(1) of the Care of Children (International Child Abduction) (Forms) Amendment Rules 2013 (SR 2013/299).

Form 2
Application to secure effective exercise of rights of access in accordance with the Hague Convention on the Civil Aspects of International Child Abduction

r 3(2)

Section 112(1), Care of Children Act 2004

REQUESTING CENTRAL AUTHORITY OR APPLICANT: REQUESTED AUTHORITY:
   
This application concerns the following child: [insert full name of child to whom application relates], who will attain the age of 16 years on .................... 20...
NOTE: The following particulars should be completed in full where possible.
IIDENTITY OF THE CHILD AND HIS OR HER PARENTS
 Child 
 Name and first names: 
 Date of birth: 
 Place of birth: 
 Habitual residence before removal or retention: 
 Passport number or identity card number, if any: 
 Description [attach a photograph, if possible]: 
 Parents 
 Information concerning identity of parents of the child (complete for each parent):
   
 Name and first names: 
 Date of birth: 
 Place of birth: 
 Nationality: 
 Occupation: 
 Habitual residence: 
 Other contact details: 
 Passport number or identity card number (if any): 
   
 Name and first names: 
 Date of birth: 
 Place of birth: 
 Nationality: 
 Occupation: 
 Habitual residence: 
 Other contact details: 
 Passport number or identity card number (if any): 
  
 Date and place of marriage or civil union of parents 
 If parents have never married or been in a civil union with each other, state “Not married or in a civil union”.
IIREQUESTING INDIVIDUAL OR INSTITUTION
 Name and first names: 
 Nationality of individual applicant: 
 Occupation of individual applicant: 
 Address:  
 Other contact details: 
 Passport number or identity card number, if any: 
 Relationship to the child: 
 Name and address of legal adviser, if any: 
IIIPLACE WHERE CHILD IS THOUGHT TO BE
 Information concerning the person alleged to have prevented the exercise of rights of access or denied the enjoyment of access:
 Name and first names:  
 Date of birth: 
 Place of birth: 
 Nationality:  
 Occupation:  
 Last known address: 
 Passport number or identity card number, if any: 
 Description [and attach a photograph, if possible]:  
 Address of the child: 
 Other persons who might be able to supply additional information relating to the whereabouts of the child: [give full name, address, and contact details, if possible].
  
  
  
IVCIRCUMSTANCES RELATING TO THE PREVENTION OF EXERCISE OF RIGHTS OF ACCESS
  
  
  
VFACTUAL OR LEGAL GROUNDS JUSTIFYING THE REQUEST
  
  
  
VICIVIL PROCEEDINGS IN PROGRESS
  
  
  
VIIPROPOSED ARRANGEMENTS TO SECURE EXERCISE OF RIGHTS OF ACCESS
  
  
  
VIIIOTHER REMARKS
  
  
  
IXLIST OF DOCUMENTS ATTACHED
The following documents are attached:
*(a)certified copy of relevant parenting order or decision or agreement concerning custody or access (including contact between parent and child):
*(b)certificate or affidavit as to the applicable law:
*(c)information relating to the social background of the child:
*(d)photograph of the child:
*(e)photograph of the person alleged to have prevented the exercise of rights of access or denied the enjoyment of access:
*(f)other [specify].
*Delete if inapplicable.
I authorise the requested Central Authority and its agents to act on my behalf and to do all things reasonable and necessary in connection with this application.
Date: ...................................................................
Place: ...................................................................
Signature [or stamp, or both] of the requesting Central Authority or applicant: ...................................................................
 

  • Schedule form 2: amended, on 19 August 2013, by rule 4(2) of the Care of Children (International Child Abduction) (Forms) Amendment Rules 2013 (SR 2013/299).

Diane Morcom,
Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 21 April 2005.

Reprints notes
1 General

  • This is a reprint of the Care of Children (International Child Abduction) (Forms) Rules 2005 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, will have the status of an official version once issued by the Chief Parliamentary Counsel under section 17(1) of that Act.

3 Editorial and format changes
4 Amendments incorporated in this reprint