Care of Children Amendment Act 2011

1: Title
This Act is the Care of Children Amendment Act 2011.
2: Commencement
This Act comes into force 3 months after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Care of Children Act 2004 2011-11-16 Care of Children Act 2004
4: 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—
a: enhancing the protections against psychological abuse; and
b: 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
c: providing for the discharge of an order for the return of a child abducted to New Zealand.
5: Principles relevant to child's welfare and best interests
Section 5(e) as defined in section 3(2) to (5) of the Domestic Violence Act 1995 violence
6: Court must consider protective conditions in certain cases
Section 51(1)(b) used violence (as defined in section 58) against physically or sexually abused
7: Section 54 repealed
Section 54
8: Procedure if child's parents are parties to interim order
Section 57(5)(b) or section 54(1)
9: Interpretation
1: Section 58 allegation of violence
a: another party to the proceedings; or
b: a child who is the subject of the proceedings; or
c: a child of the family protection order
a: a protection order, including a temporary protection order, made under section 14 of the Domestic Violence Act 1995:
b: a protection order made under section 123B of the Sentencing Act 2002 violent party
a: there is currently in force a protection order for the protection of any of the following persons:
i: another party to the proceedings:
ii: a child who is the subject of the proceedings:
iii: a child of the family; or
b: 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 .
2: The definition of violence section 58
10: Allegations of violence made in proceedings relating to parenting orders
1: Section 59 Application of section 60
2: Section 59(1)
b: in which there is a violent party.
11: Procedure for dealing with proceedings in section 59(1)
1: Section 60(1) and (2)
2: Section 60
3: In proceedings to which this section applies in accordance with section 59 (the proceedings
a: an order giving the violent party the role of providing day-to-day care for the child to whom the proceedings relate; or
b: any order allowing the violent party contact (other than supervised contact) with that child.
3A: Subsection (3)
3: Section 60(6)
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: there are proceedings before the court relating to any of the kinds of application specified in section 59(1)(a); and
b: section 60 does not apply to the proceedings because—
i: the court is not satisfied that an allegation of violence (as defined in section 58) is proved; and
ii: there is not otherwise a violent party (as defined in section 58) to the proceedings.
2: 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.
13: Preventing removal of child from New Zealand
1: Section 77(2) is about to may
2: Section 77(3)
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 removed from New Zealand by—
i: any person; or
ii: any person other than a person named in the order.
3: Section 77
3A: An order made under subsection (3)(c)
a: the expiry of a specified period; or
b: 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)
2: An order under section 77(3)(c)
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)
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)
a: the application is made by a party to the proceedings under section 77 in which the order was made (the earlier proceedings
b: every other person who was a party to the earlier proceedings consents.
3: A suspension of an order made under section 77(3)(c)
a: for a specified time; and
b: in relation to a specified person.
15: Preventing removal of child to defeat application
Section 118(3)
a: omitting section 77(4) and (5) sections 77(4) and (5), 77A 77B
b: omitting applies apply
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 section 105(2) for the return of a child (the return order
2: A party to the proceedings under section 105 in which the return order was made (the return proceedings
3: On an application under subsection (2)
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 environment in New Zealand; and
ii: having regard to all the circumstances of the case, the discharge of the return order is warranted; or
b: every other person who was a party to the return proceedings consents.