I currently have children in my care that are not my own. Is it possible to get temporary custody if the parents are out of the country?

Question Details: What steps do I have to take if it is possible?

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Answers by Lawyers

Community Law Wellington & Hutt Valley

Technically, it’s possible, but you’ll need to read up on the law – and get some advice – to decide if that is what you want to do and if it will get the results you want.

You have asked about custody, which is now known as “day-to-day care” – and that’s what it means. It means who looks after the children each day. It seems that you already have day-to-day care of the children.

So you need to think about what it is that you want to achieve with what you have called temporary custody. If you are having difficulty because you have no status as a parent/guardian, you might be able to get the parents to write a note that you can use (at school, at the doctor, etc) to show that you are looking after the children.

It is also possible for the Family Court to appoint someone as a temporary "guardian". A guardian’s responsibilities to a child include helping to make important decisions in a child's life. Read more about guardianship here: www.justice.govt.nz

But the Court would want to hear what the parents had to say. Read more about the Family Court process here: www.communitylaw.org.nz

If you wish to pursue this avenue we strongly recommend speaking to a specialist family lawyer. You can search online for a family lawyer near you: www.familylaw.org.nz

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