New Zealand Acts

CARE OF CHILDREN ACT 2004 - SECT 59

59 Order for supervised contact

1 Subsection (2) applies if a Family Court Judge—

a) is making or varying a parenting order (whether interim or final) determining the time or times when a person may have contact with a child; and

b) is not satisfied that the child will be safe with that person.

2 The Family Court Judge may make an order for supervised contact between the child and that person, and, if the Judge does so, the Judge must specify in the order whether the supervised contact is to occur—

a) under the supervision of an approved provider; or

b) in the immediate presence of a person approved by the Judge (for example, a relative, a friend of the family of the child, or any other person whom the Judge considers suitable).

3 Subsection (4) applies if—

a) an interim parenting order has been made; and

b) the parents of the child in respect of whom the interim order is made are parties to the order; and

c) under the interim parenting order one of the parents (A) has neither the role of providing day-to-day care for, nor contact with, the child; and

d) the other parent (B) is not satisfied that the child will be safe with A.

4 A Family Court Associate may vary the interim parenting order to provide that A have contact with the child under the supervision of an approved provider—

a) on an application made by A and B jointly; or

b) on an application made by the lawyer appointed to represent the child that is undefended.

History: Section 59: replaced, on 6 October 2023, by section 22 of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).