Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698831264970.pdf (New Zealand)
Care of Children Amendment Act 2011 Public Act Date of assent Commencement 2011 No 59 16 August 2011 see section 2 Contents Title Commencement Principal Act amended Purpose of this Act Principles relevant to child’s welfare and best interests Court must consider protective conditions in certain cases Section 54 repealed Procedure if child’s parents are parties to interim order Interpretation Allegations of violence made in proceedings relating to parenting orders Procedure for dealing with proceedings in section 59(1) New section 61A inserted 61A Court may make orders to ensure safety of child in other cases Preventing removal of child from New Zealand New sections 77A and 77B inserted 77A Orders under section 77(3)(c) in respect of children of or over 16 years Orders under section 77(3)(c) may be suspended for specified period 77B Preventing removal of child to defeat application New section 122A inserted Page 2 2 2 2 2 2 3 3 3 4 4 4 4 5 5 5 5 6 6 1 s 1 Care of Children Amendment Act 2011 2011 No 59 122A Discharge of order under section 105 for return 6 of child The Parliament of New Zealand enacts as follows: Title This Act is the Care of Children Amendment Act 2011.
Commencement This Act comes into force 3 months after the date on which it receives the Royal assent.

Principal Act amended This Act amends the Care of Children Act 2004.
Purpose of this Act The purpose of this Act is to strengthen certain provisions of the principal Act to further promote the safety of children by— enhancing the protections against psychological abuse; (a) and lowering the threshold for obtaining an order preventing the removal of a child from New Zealand, and providing for more flexibility in the terms of those orders; and providing for the discharge of an order for the return of a child abducted to New Zealand.
(b) (c) Principles relevant to child’s welfare and best interests Section 5(e) is amended by inserting “as defined in section 3(2) to (5) of the Domestic Violence Act 1995” after “violence”.

Court must consider protective conditions in certain cases Section 51(1)(b) is amended by omitting “used violence (as defined in section 58) against” and substituting “physically or sexually abused”.

1 2011 No 59 Care of Children Amendment Act 2011 s 9 7 8 9 (1) Section 54 repealed Section 54 is repealed.
Procedure if child’s parents are parties to interim order Section 57(5)(b) is amended by omitting “or section 54(1)”.
Interpretation Section 58 is amended by inserting the following definitions in their appropriate alphabetical order: “allegation of violence, in relation to a party to proceedings, means an allegation that that party has physically or sexually abused— another party to the proceedings; or “(a) a child who is the subject of the proceedings; or “(b) a child of the family “(c) “protection order means— “(a) a protection order, including a temporary protection order, made under section 14 of the Domestic Violence Act 1995: a protection order made under section 123B of the Sen- tencing Act 2002 “(b) “violent party means a party to the proceedings against whom— “(a) there is currently in force a protection order for the pro- tection of any of the following persons: another party to the proceedings: “(i) “(ii) a child who is the subject of the proceedings: “(iii) a child of the family; or an allegation of violence is made that, on the basis of the evidence presented by, or on behalf of, the parties to the proceedings (without the court being required to make inquiries on its own initiative), the court is satisfied is proved”.
“(b) (2) The definition of violence in section 58 is repealed.

3 s 10 10 (1) (2) 11 (1) (2) “(3) Care of Children Amendment Act 2011 2011 No 59 Allegations of violence made in proceedings relating to parenting orders Section 59 is amended by omitting the heading and substitut- ing the following heading: “Application of section 60”.
Section 59(1) is amended by omitting paragraph (b) and sub- stituting the following paragraph: “(b) in which there is a violent party.” Procedure for dealing with proceedings in section 59(1) Section 60(1) and (2) are repealed.
Section 60 is amended by repealing subsection (3) and substi- tuting the following subsections: In proceedings to which this section applies in accordance with section 59 (the proceedings), the court must not make— “(a) an order giving the violent party the role of providing day-to-day care for the child to whom the proceedings relate; or any order allowing the violent party contact (other than supervised contact) with that child.
“(b) “(3A) Subsection (3) is subject to subsection (4).” (3) Section 60(6) is repealed.
12 New section 61A inserted The following section is inserted after section 61: “61A Court may make orders to ensure safety of child in other cases “(1) This section applies if— “(a) “(b) there are proceedings before the court relating to any of the kinds of application specified in section 59(1)(a); and section 60 does not apply to the proceedings because— the court is not satisfied that an allegation of vio- “(i) lence (as defined in section 58) is proved; and there is not otherwise a violent party (as defined in section 58) to the proceedings.
If the court is satisfied that there is a real risk to the safety of a child, the court may make any order under this Act that it thinks fit in order to ensure the safety of the child.” “(ii) “(2) 4 2011 No 59 Care of Children Amendment Act 2011 s 14 13 (1) (2) Preventing removal of child from New Zealand Section 77(2) is amended by omitting “is about to” and sub- stituting “may”.
Section 77(3) is amended by repealing paragraph (c) and sub- stituting the following paragraph: “(c) may, whether or not a warrant has been issued under paragraph (a) (either with or without an additional order under paragraph (b)), order that the child not be re- moved from New Zealand by— “(i) “(ii) any person; or any person other than a person named in the order.” (3) Section 77 is amended by inserting the following subsection after subsection (3): “(3A) An order made under subsection (3)(c) may specify that the order is to continue until— “(a) “(b) the expiry of a specified period; or a further order is made by an authority.” 14 New sections 77A and 77B inserted The following sections are inserted after section 77: “77A Orders under section 77(3)(c) in respect of children of or over 16 years “(1) An order under section 77(3)(c) must not be made in respect of a child of or over the age of 16 years unless there are special circumstances.
“(2) An order under section 77(3)(c) made in respect of a child under the age of 16 years expires when the child attains that age unless the court in special circumstances orders otherwise on or after making the order.

“77B Orders under section 77(3)(c) may be suspended for specified period “(1) On an application for the purpose by any person, a High Court Judge, a District Court Judge, or a Family Court Judge may suspend an order made under section 77(3)(c).
5 s 15 Care of Children Amendment Act 2011 2011 No 59 “(2) On an application for the purpose, a Registrar of the High Court, or of a District Court, may suspend an order made under section 77(3)(c) if— “(a) the application is made by a party to the proceedings under section 77 in which the order was made (the ear- lier proceedings); and every other person who was a party to the earlier pro- ceedings consents.
“(b) “(3) A suspension of an order made under section 77(3)(c) must be— “(a) “(b) for a specified time; and in relation to a specified person.” 15 Preventing removal of child to defeat application Section 118(3) is amended by— (a) omitting “section 77(4) and (5)” and substituting “sec- tions 77(4) and (5), 77A, and 77B”; and omitting “applies” and substituting “apply”.
(b) 16 New section 122A inserted The following section is inserted after section 122: “122A Discharge of order under section 105 for return of child “(1) This section applies where a court makes an order under sec- tion 105(2) for the return of a child (the return order).

“(2) A party to the proceedings under section 105 in which the re- turn order was made (the return proceedings) may apply to the court for the discharge of the return order.
“(3) On an application under subsection (2), the court may dis- charge the return order if— “(a) the application is made not earlier than 1 year after the return order was made, or any appeal in relation to the return order was determined, and the court is satisfied that— “(i) the child is now settled in his or her new envir- onment in New Zealand; and “(ii) having regard to all the circumstances of the case, the discharge of the return order is warranted; or 6 2011 No 59 Care of Children Amendment Act 2011 “(b) every other person who was a party to the return pro- ceedings consents.” Legislative history 10 August 2011 11 August 2011 16 August 2011 Divided from Child and Family Protection Bill (Bill 72–2) by committee of the whole House as Bill 72–3B Third reading Royal assent This Act is administered by the Ministry of Justice.
12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2011 7