This page contains a number of forms that can be used in making applications to the family court. Click on the form you need, save it to your computer or print it off for your use.

Affidavit and how to write one
Here is the format of an affidavit and some ideas on how to write one. The most important part of any hearing that you will attend is the affidavit. The affidavit tells your side of the story. It should be the truth or what you believe to be true. It should be short and concise and be written in a logical step by step way that will leave the judge to conclude that what you are saying is the truth and is correct. Focus on the children and tell the judge how you have been involved in their lives in the past and what you intend to do in the future.
Do not try to prove that the other person is a liar or a bad parent. If they make any allegations all that you have to say is they are not true and ask them to provide the evidence to support their allegations.

Application for a protection order
If you have been assaulted or threatened in any way you can make a without notice application for a protection order along with an affidavit describing what happened.
(Without notice means it will go to a judge straight away without the other party being heard)

Application for a discharge of protection order
If you want a protection order removed then make this application along with an affidavit.

Application for discovery
If the other party refuses to give you any documents or information relevant to the case then you can apply for discovery of these documents.

Application for guardianship
If you are not a guardian and the biological father then you need to make this application. Usually an easy application to succeed with.

Application for substituted service
If you do not know where the other person has gone to, you can ask the court to allow you to send the documents to a close friend or relative of the other person.

Application for abridgement of time
If you are not seeing the children or there is some other reason the court can order the other party to respond within 3 working days upon your application for an abridgement of time.

Application for non removal from NZ order
If you suspect that the other party is planning to leave NZ taking children with them then you can make a without notice application and affidavit and it will be put before the judge urgently.

Application for Hearing
If there have been delays or obstructive behaviours in trying to set down a hearing then you can apply for a hearing.

Application for non removal local
If you suspect that the other party is about to leave the area then you can apply for an order to stop them moving. These applications usually go to a hearing. Once the other party is aware that you have made an application it is illegal for them to move to another area in an attempt to stop court proceedings.

Application for shared parenting
Shared parenting does not mean 50/50 necessarily but sharing of the parenting so that both parents are involved. You can apply for 50/50 shared parenting if you so wish. No matter what percentage of shared parenting you have, as a guardian you are entitled to an equal say in education, health religion etc etc.

Application for interim contact
If you are not seeing your children at all then you need to make an application for interim contact and an abridgement of time for the other party to respond. You need also to ask for an urgent hearing.

Application for variation of parenting orders
If you have parenting orders or custody orders under the old guardianship act and wish to make changes for the benefit of the children then this is the application that you need to make.

Application for a meditaion conference
If you think that you can resolve matters by mediation then you can apply for a mediation conference. For more information on mediation conferences click on where do I start? for page.

Notice of Defence
If you are served with an application from the other party, you need to file a notice of defence.

< top of page

FNZ