Useful Templates

THIS OVERVIEW APPLIES TO ALL COURTS: You can customize any application BUT YOU NEED TO BE CONSISTENT WITH THESE PRINCIPALS- Continue to refresh and review your templates and they will be a work in progress constantly as you progress with your experience.

For new proceedings refer to the useful links and know that every application NEEDS an affidavit in support.

The set up is always a cover page with the court information top left hand corner, the case number: FAM/ CRI/ CIV on the right [leave blank if it hasn’t been generated]

Then the legislation relied on: such as Bill of Rights Act 1990

Care Of Child Act 2004

etc

Then the parties names, location/ address and occupation [listed as applicants and respondents/ defendants.]

the centre banner should state what the application pertains to and the legislation, section or Rule it is filed under, by who and the date

The bottom of the document must have, case officer [leave blank if not assigned] Your name : Filed by, [stating you are the applicant/ prosecutor or defendant/ respondent] On: [the date] and Address for service [physical and email] – Enter this information on a separate line [entering after each point]

For downloadable templates the ministry of justice has a search engine with some such as: https://www.justice.govt.nz/about/form-finder/

1. mutual consent applications: https://www.justice.govt.nz/assets/General-consent-memorandum-relating-to-children-201910.pdf

2. General applications in family court proceedings: https://www.justice.govt.nz/assets/Documents/Forms/COCA-General-affidavit-201910.pdf

3. Notice of response: https://www.justice.govt.nz/assets/Documents/Forms/Notice-of-Response-and-affidavit-in-support-201910.pdf

4. Protection order application [note this requires a police notification form and other documents- ensure everything on the check list is submitted at the same time.]

https://www.justice.govt.nz/assets/Application-for-a-Protection-Order.pdf

YOU SHOULD HAVE A CLEAR IDEA OF WHAT YOU ARE WANTING TO ACHIEVE AND THAT HELPS DETERMINE WHAT APPLICATION YOU NEED TO FILE AND WHAT SUPPORTING INFORMATION WILL HELP.

Make sure you have regulated and checked in to the “mental health Hub” to talk through and work through what’s going on for your best chance at being able to put a strong application before the court.

When addressing the application know:

1. Issue [what is happening- any safety concerns or issues requiring urgent orders?]
2. Background [what is relevant for the court to know- you must disclose everything to avoid concealing information.]
3. Legislation [what laws are you relying on for the court to make orders in your Favour for example, section and and s5 of the Care Of Child Act 2004:
4. Child’s welfare and best interests to be paramount
5. Principles relating to child’s welfare and best interests
6. [The court doesn’t need the links- but you should know what the legislation is and what it means to be able to rely on it: https://www.legislation.govt.nz/act/public/2004/0090/latest/DLM317233.html ]
7. Asking/ Remedy- what orders do you want the curt to make?
8. Do you have any Case Law [other decisions] to support what you are asking- for example- GRANTING A PROTECTION ORDER threshold is:
9. SN V MN [2017] NZCA 289 
10. https://www.mcveaghfleming.co.nz/articles/domestic-violence-case-law-update#:~:text=The%20Family%20Court%20in%20SN,the%20application%20and%20was%20successful.

Use the links and tabs of useful case law to spend some time reading cases to see what is relevant to your case and current situation. THIS WILL HELP YOU PREPARE A STRONG LEGAL CASE FOR COURT.

Once you have prepared everything and you are confident you have done your best, you are able to approach a duty solicitor at any court to ask them to review your paperwork to ensure it will be accepted for filing? [the registry are not solicitors and can not give you legal advice, but they must tell you if they refuse to accept your documents, on what grounds.]

*Stay Calm- know that the hardest part is staying to the facts with one-two sentence dot points numbered:

1.

2.

3.

And any evidence “attached marked “A” with the corresponding letter at the top of the document you are relying on [all exhibits go at the end of the affidavit which the JP or registrar will have to verify with a stamp and signature.]

Make sure one everything is sworn/ affirmed, you scan a copy to yourself to email to the court so keep an electronic copy for your own records [the court needs the originals and usually when only accept them bound -stapled or hole punched with a cable tie or string binding the document together from the top left hand corner.]

Court email addresses can be located here:

https://www.justice.govt.nz/contact-us/find-us/auckland-family-court/

Ensure the subject is the case name X v Y -and the application/ filing for easy reference.

We recommend referencing the useful links, useful legislation and useful legislation and guidelines to have a realistic understanding of the process and the time involved.

Nothing happens quickly in court [unless it’s a without notice application blind siding you.] so keep calm, be patient and try to regulate your trauma responses, shock and stress with healthy coping strategies and a support network to avoid being baited to make mistakes and “look bad” for trying to protect yourself and your family.

At no stage is any abuse acceptable so do not try to excuse or justify any act of violence. Avoid lying about facts as perjury is a criminal offence. Focus on being honest, owning mistakes and asking the court to be considerate for a long term solution to avoid further court intervention.

If you are in a position to resolve disputes out of court by way of a mutual consent order.

Attempt to do that for your childs/ childrens sake. The longer matters draw out the more likely they are to be taken by Oranga Tamariki “under guardianship of the court”

*If you do not learn the legislation and what is supposed to happen for your rights, no one is accountable when they don’t follow them- knowledge in your greatest power.

STOP BELIEVING LAW IS HARD AND YOU WON’T BE ABLE TO DO IT, MOST SOLICITORS DO NOT KEEP UP WITH DUE PROCESS IF THEY CAN GET AWAY WITH LAZY SUBMISSIONS AND CONCEALING FACTS- DO THE WORK YOU NEED TO FOR A FAIRER HEARING AND THE STRONGEST GROUNDS FOR APPEAL IF THE HEARING IS UNJUST AND THE ORDERS NEED TO BE REVIEWED/ APPEALED.