Family Court New Zealand Guide
Everything you need to know about the Family Court - fees, filing requirements, court rules, and what to expect at hearings.
What is the Family Court?
The Family Court is a division of the District Court that handles family law matters in New Zealand. It deals with disputes involving relationships, children, and family violence. The court aims to be accessible and less formal than other courts.
What the Family Court Handles
- • Divorce (dissolution of marriage)
- • Parenting orders (custody/access)
- • Relationship property division
- • Protection orders (family violence)
- • Guardianship disputes
- • Child support variations
- • Adoption
- • Care and protection of children
Key Principles
- • Less formal than other courts
- • Closed to the public (private)
- • Focus on resolution, not confrontation
- • Children's welfare is paramount
- • Cultural considerations respected
- • Settlement encouraged at all stages
Family Court Filing Fees
Most Family Court applications require a filing fee. Here are the current fees as of January 2026:
| Application Type | Fee |
|---|---|
| Dissolution of Marriage (Divorce) | $211.50 |
| Parenting Order | $250.00 |
| Guardianship Application | $250.00 |
| Relationship Property (without children) | $450.00 |
| Relationship Property (with children) | $250.00 |
| Spousal Maintenance | $250.00 |
| Protection Order | FREE |
| Adoption Application | $620.00 |
Fee Waiver Available
If you can't afford the filing fee, you can apply for a fee waiver. You'll need to show evidence of financial hardship. Ask at the Family Court registry for details and the application form.
Other Potential Costs
- Lawyer fees: Varies widely - $250-$500+ per hour
- Lawyer for Child: Usually funded by court, sometimes contribution required
- Reports: Specialist reports (e.g., psychological) may have costs
- Process server: $50-$150 to serve documents
- Certified copies: Small fee for certified court documents
Family Court Rules & Procedures
The Family Court operates under the Family Court Rules 2002. Understanding these rules helps you navigate the court system effectively.
Filing Procedures
- Forms: Use the correct court forms (available online or from court)
- Copies: File the original plus copies for each party
- Affidavits: Evidence must be in sworn statement form
- Service: Documents must be properly served on other parties
- Time limits: Strict deadlines apply - check the rules
Confidentiality
- Family Court proceedings are private
- Public and media are generally excluded
- Publishing identifying information is prohibited
- Court records are not publicly accessible
- This protects families, especially children
Evidence Rules
- Evidence is usually given in affidavit form (written statements)
- Less strict rules than criminal court, but evidence must be relevant
- Hearsay is more acceptable if necessary for the case
- Witnesses can be cross-examined at hearings
- Expert reports (psychological, cultural) are common
The Family Court Process
Most Family Court matters follow a similar process, with opportunities to settle at each stage:
File Application
Complete and file the appropriate forms with the court. Pay the filing fee. The court will assign a case number.
Service on Other Party
The respondent must be formally served with the court documents. They have a set time to respond (usually 21 days).
Initial Directions / Registrar's List
A Registrar reviews the case and may make directions, set a timetable, and schedule conferences.
Settlement Conference
A judge-led conference to try to reach agreement. Most cases settle at this stage. If agreed, a consent order is made.
Preparation for Hearing
If no settlement, parties prepare evidence, file affidavits, and may be required to attend a case management conference.
Defended Hearing
A judge hears evidence from both sides and makes a decision. This is a full court hearing with legal arguments.
Decision / Orders Made
The judge issues a decision (immediately or reserved). Written reasons are usually provided. Orders take effect as specified.
Family Court in Auckland
Auckland has multiple Family Court registries. You can file at the court closest to where you or your children live.
Auckland Central
65 Albert Street, Auckland CBD
Handles CBD and central suburbs
Manukau
5 Osterley Way, Manukau
Handles South Auckland
North Shore
2-4 Shea Terrace, Takapuna
Handles North Shore and Hibiscus Coast
Waitakere
5-7 Ratanui Street, Henderson
Handles West Auckland
Need Help Navigating the Family Court?
Our experienced Auckland family lawyers can guide you through the court process and represent you at every stage.
Frequently Asked Questions
Do I need a lawyer for Family Court?
You can represent yourself (self-represented litigant), but a lawyer is highly recommended for anything beyond a simple dissolution. Family law is complex, and the decisions made can have lifelong impacts on you and your children.
How long do Family Court proceedings take?
It varies widely. A simple uncontested dissolution takes 2-4 months. Parenting disputes that settle at conference might take 3-6 months. Fully defended matters can take 12-18 months or longer. Urgency applications are dealt with faster.
Can I get legal aid for Family Court?
Yes, legal aid is available for Family Court matters if you meet income and asset criteria. You may also have to repay some or all of the cost if you receive property or income from the proceedings. Apply through your lawyer or Legal Aid Services.
What should I wear to Family Court?
While the Family Court is less formal than other courts, dress respectfully - smart casual or business attire is appropriate. Avoid jeans, t-shirts, shorts, or overly casual clothing. You want to show respect for the court and the process.