Do the conditions of a child protection order apply if it has been filed but not yet finalised?

Question Details: In the context of separation and a child protection order, do the conditions of the order apply if it has been filed but not yet finalised?

Filed under Family Law | 1283 View(s)

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Answers by Lawyers

Community Law Wellington & Hutt Valley

We are not sure if you are referring to a "protection order" under the Domestic Violence Act, or to an order made by the Family Court in response to an application by Child Youth and Family (CYF), so it is a bit hard to advise you online.

If you are referring to a "protection order", a "temporary protection order" can be made, and the conditions of a "temporary protection order" do apply as soon as the temporary order is made, and before the order is finalised. Read more by clicking here: www.communitylaw.org.nz.

However, no Family Court order ever applies as soon as it is filed. The Court has to make the order.

If you are not certain about what conditions apply, we suggest you talk to your lawyer, or to the Court, or to your local Community Law Centre. Click here to find your local Community Law Centre: www.communitylaw.org.nz

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