• “(6A) Part 5A sets out rules applying to proceedings under the Care of Children Act 2004 (other than proceedings under subpart 2 of Part 2 of that Act (which relates to international child abduction)).”

• “(3) However, the application of the general rules to any proceedings is modified,—

  • “(a) in the case of proceedings under the Acts referred to in rule 6(1), by any rules in Part 5 that apply to those proceedings; and

  • “(b) in the case of proceedings to which Part 5A applies, by the rules in Part 5A.”

• “(2) Part 5A sets out special rules prescribing the procedure in Family Courts that apply to applications made under the Care of Children Act 2004 (other than applications under subpart 4 of Part 2 of that Act (which relates to international child abduction)).”

• “(2) For requirements to use forms, see rules 62 and 62A, and the special rules in Parts 5 and 5A.”

• “(b) the Family Proceedings Act 1980 and the Property (Relationships) Act 1976; or”.

• “(3) The application of this Part to any proceedings is modified by any rules in Part 5 or Part 5A that apply to the proceedings.”

• “(1) The forms to be used in proceedings in a court are those set out in Schedule 1, unless—

  • “(a) a rule in Part 5 requires or permits, in proceedings under a particular family law Act, the use of a particular form set out in Schedules 2 to 9; or

  • “(b) a rule in Part 5A requires or permits, in proceedings to which that Part applies, the use of a particular form set out in Schedule 10; or

  • “(c) a rule in Part 5A requires or permits the use of an approved form (see rules 62A and 416E).”

“62A Approved forms for use in proceedings to which Part 5A applies

• “(1) The chief executive of the Ministry of Justice may approve forms that are to be used by applicants and parties in proceedings to which Part 5A applies (which are proceedings under the Care of Children Act 2004, other than proceedings under subpart 4 of Part 2 of that Act).

  “(2) The following rules apply to a document that is an approved form:

  • “(a) rule 64 (about size of paper):

  • “(b) rule 69 (about fastening and numbering of pages):

  • “(c) rule 70 (about legibility):

  • “(d) rule 71 (about signatures).

  “(3) Every form approved by the chief executive of the Ministry of Justice under this rule—

  • “(a) must be published on the Ministry of Justice website; and

  • “(b) must be available to be downloaded, free of charge, from that Internet site; and

  • “(c) if the form corresponds to a form in Schedule 1, must identify the form to which it corresponds; and

  • “(d) must include a front page, or require the attachment of a front page on an approved form.”

• “(4) The following documents do not need a front page:

  • “(a) a document tendered in evidence, a certificate, or a report:

  • “(b) an information sheet (for example, form G 7, form CYPF 4, and form PPPR 14):

  • “(c) form DV 6 (information for Police if application made for protection order):

  • “(d) an approved form filed in Care of Children Act 2004 proceedings under Part 5A.”

• “(1A) A lawyer may act for any party to proceedings under any Act, but in proceedings to which Part 5A applies, a lawyer may act only as provided in section 7A of the Care of Children Act 2004.”

• “(2) To avoid doubt, in proceedings to which Part 5A applies, a lawyer may file a document on behalf of a party only if permitted by section 7A of the Care of Children Act 2004 to act for the party.”

• “(1A) In proceedings to which Part 5A applies, if a lawyer starts to act for a party, or ceases to act for a party, solely as a result of the operation of section 7A of the Care of Children Act 2004, the lawyer must notify the Registrar of the change by notice in writing.”

• “(ba) in the case of proceedings to which Part 5A applies, the lawyer ceases, in accordance with section 7A of the Care of Children Act 2004, to act for the party; or”.

• “(a) if the party is the applicant, the address of the party stated on the front page required by rule 72; or”.

“333 Interpretation

• In rules 334 to 376, unless the context otherwise requires,—

  “Acts means the Family Proceedings Act 1980 and subpart 4 of Part 2 of the Care of Children Act 2004

  “Care of Children Act means subpart 4 of Part 2 of the Care of Children Act 2004

  “Family Proceedings Act means the Family Proceedings Act 1980.”

“351 Restrictions on fixing date and time for hearing

• If an application is made under either of the Acts (other than under section 32 or 37 of the Family Proceedings Act), then,—

  • “(a) unless a Judge in a particular case orders otherwise, no date and time may be fixed by the Registrar for the hearing of the application before the time for filing a notice of defence, as specified in rule 41, has expired; and

  • “(b) all parties must give the Registrar, without delay, all available information affecting any estimated length of the hearing.”

“353 Fixing date and time for hearing: no notice of defence filed

• If no respondent has filed a notice of defence to an application made under either of the Acts (other than an application made under section 32 or 37 of the Family Proceedings Act),—

  • “(a) the date and time for the hearing of the application must be fixed by the Registrar; and

  • “(b) the Registrar must give notice of the date and time fixed for the hearing of the application—

    • “(i) to the applicant; and

    • “(ii) to the respondent if he or she has filed an address for service, or has been served with the documents issued for service in relation to the application.”

“397 Meaning of party A and party B in rules 398 to 404

• “(1) In rules 398 to 404,—

  “party A means a party to proceedings who is required, by these rules or by a direction of a Judge, to file an affidavit of assets and liabilities

  “party B means the other party to the proceedings.

  “(2) By way of explanation,—

  • “(a) if an applicant is required to file an affidavit of assets and liabilities, in relation to that affidavit the applicant is party A and the respondent is party B; and

  • “(b) if the respondent is required to file an affidavit of assets and liabilities, in relation to that affidavit the respondent is party A and the applicant is party B; and

  • “(c) therefore, each party in proceedings may be both party A and party B, but in relation to different affidavits of assets and liabilities.

“398 Affidavit of assets and liabilities to be filed and served

• “(1) An applicant who applies for an order under section 25(1)(a) of the Act must file with the application—

  • “(a) an affidavit of assets and liabilities in form P(R) 1; or

  • “(b) an application for a direction as to the time within which he or she must file an affidavit of assets and liabilities, along with an explanation of why the affidavit is not being filed with the application.

  “(2) The respondent in proceedings for an order under section 25(1)(a) of the Act must, within 20 working days after receiving service of the applicant's affidavit of assets and liabilities, file—

  • “(a) an affidavit of assets and liabilities in form P(R) 1; or

  • “(b) an application for a direction as to the time within which he or she must file an affidavit of assets and liabilities, in which case the application must include an explanation of why the affidavit is not filed within the prescribed time.

  “(3) A Judge may, on his or her own initiative or on an interlocutory application for the purpose, require a party to any proceedings (not being proceedings under section 25(1)(a) of the Act) to file, within the time specified by the Judge, an affidavit of assets and liabilities in form P(R) 1.

  “(4) Party A must serve on party B a copy of any affidavit of assets and liabilities filed in accordance with this rule or a direction of a Judge.

“399 Failure by applicant to file affidavit of assets and liabilities

• If party A is the applicant in the proceedings, and he or she fails to file an affidavit of assets and liabilities as required by these rules or a direction of a Judge, a Judge may order that the application be—

  • “(a) dismissed; or

  • “(b) stayed until the affidavit is filed and served as required.

“400 Filing inadequate affidavit of assets and liabilities

• “(1) In this rule, an inadequate affidavit of assets and liabilities is an affidavit of assets and liabilities provided by party A that party B believes on reasonable grounds—

  • “(a) is incomplete; or

  • “(b) fails to accurately set out the nature and value of the property of party A.

  “(2) If party A fails to file an affidavit of assets and liabilities as required by these rules or a direction of a Judge, or if party B considers that party A has filed an inadequate affidavit of assets and liabilities, party B may apply to the court, either without notice or on notice, for—

  • “(a) an order requiring party A to attend at a time and place stated in the order for examination by the court as to any or all of the matters required to be disclosed in an affidavit of assets and liabilities; or

  • “(b) an order, under section 38(1) of the Act, for an inquiry into the nature and value of the property of party A that is or may be in issue in the proceedings.

  “(3) On an application for an order under subclause (2)(a), a Judge or Registrar may make an order for the attendance and examination by the court of party A and for the production of any books or documents relating to party A's property.

  “(4) An order under subclause (3) must—

  • “(a) be in form P(R) 3; and

  • “(b) be served personally on party A.

  “(5) In exercising the court's power under section 40 of the Act to make an order as to costs, a Judge must take into account a failure by any party to file an affidavit of assets and liabilities or, as the case requires, the filing of an inadequate affidavit of assets and liabilities.

“401 Failure to attend for examination or to comply with directions

• “(1) If party A fails to attend for examination at the time and place appointed, a Judge may issue a warrant in form P(R) 4 to arrest party A and bring him or her before the court as soon as possible.

  “(2) Subclause (3) applies if party A—

  • “(a) fails to comply with an order made under rule 400(3); or

  • “(b) on attending, or being brought before, the court for examination, wilfully and without lawful excuse disobeys a direction given to him or her by the Judge in relation to that examination (including a direction to answer questions).

  “(3) Party A may continue in the proceedings (whether as applicant or respondent) only if Judge orders that party A be allowed to continue, and the Judge may make that order on such terms as the Judge thinks fit.

  “(4) Nothing in subclause (3) limits section 112 of the District Courts Act 1947 (which relates to committal for contempt).”

“Part 5A
“Special rules for certain proceedings under Care of Children Act 2004

“416A Application of Part

• “(1) This Part applies to proceedings under the Care of Children Act 2004, other than proceedings under subpart 4 of Part 2 of that Act (which are proceedings relating to international child abduction and are dealt with under the general rules and any applicable rules in Part 5).

  “(2) The rules in Parts 1, 3, 4, and 6 of these rules apply to proceedings under the Care of Children Act 2004 in the same way as they apply to other proceedings, but a rule in Part 2 applies only if, and to the extent that, this Part provides.

“416B Interpretation

• In this Part, unless the context otherwise requires,—

  “Act means the Care of Children Act 2004 (excluding subpart 4 of Part 2)

  “approved form means a form approved by the Secretary for Justice under rule 62A for use by applicants and parties in proceedings under the Act

  “complex case has the meaning given in rule 416T

  “conference means any 1 of the following conferences held during proceedings under the Act:

  • “(a) an issues conference (see rule 416X):

  • “(b) a settlement conference (see rule 416Y):

  • “(c) a directions conference (see rules 416Z and 416ZA):

  • “(d) a pre-hearing conference (see rule 416ZB):

  • “(e) a case management conference (see rule 416ZC)

  “FDR means family dispute resolution as defined in the Family Dispute Resolution Act 2013 (and referred to in sections 46E and 46F of the Act)

  “hearing means any of the following hearings held during proceedings under the Act:

  • “(a) a defended hearing (see rule 416ZF):

  • “(b) a submissions-only hearing (see rule 416ZG):

  • “(c) a formal proof hearing (see rule 416ZH):

  • “(d) any other form of hearing as directed by a Judge

  “notice of response means a notice in an approved form that serves the function of a notice of defence, a notice of intention to appear, or an appearance (as required) and that is filed and served by a respondent or other person under rule 416K

  “prescribed form means a form used or issued by the court or a Registrar and prescribed in Schedule 1 or 10

  “track means any 1 of the following procedural tracks described in this Part:

  • “(a) the standard track (see rule 416S):

  • “(b) the without notice track (see rule 416U):

  • “(c) the simple track (see rule 416V).

“Overview

“416C Overview of proceedings

• “(1) A person may commence proceedings under the Act by filing an application in court, either on notice (see rule 416G) or without notice (see rule 416H).

  “(2) A respondent who is served with the application and with any orders made (in the case of a without notice application) may respond in various ways, but usually by way of a notice of response (see rules 416K and 416L).

  “(3) Proceedings are dealt with on the following tracks, in accordance with rules 416P to 416V:

  • “(a) standard track—for all proceedings other than those on the simple track or the without notice track (see rule 416S):

  • “(b) without notice track—for all proceedings commenced by an application made without notice (see rule 416U) or directed by a Judge to proceed as if the proceedings were commenced by an application made without notice (see section 7A(4) of the Act):

  • “(c) simple track—for uncontested proceedings (ie, for proceedings commenced by an application for a consent order and proceedings in which no notice of response is filed) (see rule 416V).

  “(4) There are 5 kinds of conferences, none of which are mandatory. No more than 1 of each should normally be convened in the course of proceedings, except case management conferences (which are only available for complex cases).

  “(5) All 5 kinds of conferences are available on the standard track, but on the without notice track, only a directions conference may be held, and on the simple track, only an issues conference may be held.

  “(6) Any kind of hearing is available on the standard track and the without notice track. Defended hearings and submissions-only hearings are not available on the simple track.

  “(7) This rule is by way of explanation only. If any other rule in this Part is inconsistent with this rule, the other rule prevails.

“416D Flowcharts of proceedings

• “(1) The way the tracks work is set out, in a simplified form and without reference to possible interlocutory matters, in the following flowcharts:

  

  

  

  

  “(2) The flowcharts in this rule are by way of explanation only. If any other rule in this Part is inconsistent with these flowcharts, the other rule prevails.

“416E Forms

• “(1) In proceedings to which this Part applies, the court and Registrars must use the forms set out in Schedule 10, but applicants, parties, and other persons must use approved forms (which are available on the Ministry of Justice website), if available.

  “(2) If a rule in any other part of these rules requires a person (not being the court or a Registrar) to use a particular prescribed form in Schedule 1 (for instance, form G 1 or form G 8), then, if there is an approved form that corresponds to that form, the person must use the corresponding approved form.

  “(3) If there is no suitable approved form for a particular purpose, the parties may devise an appropriate form, using other approved forms as guides (and noting the requirements of rule 62A(2)).

  “(4) A Registrar may refuse to accept for filing any document that does not comply with this rule and any other rule in Part 2 that relates to the requirements of documents to be filed.

“Applications

“416F Commencing proceedings

• “(1) To commence proceedings under the Act, a person must file an application on an approved form in court.

  “(2) There are 2 kinds of applications, namely,—

  • “(a) applications on notice, which include applications for consent orders; and

  • “(b) applications without notice.

  “(3) Under section 7A of the Act, the extent to which a lawyer can act for a party is affected by whether an application is made with or without notice.

  “(4) Every application must be accompanied by—

  • “(a) an affidavit in support, on an approved form, that sets out all the evidence that the applicant will rely on (see rule 416Q); and

  • “(b) an information sheet on an approved form (but if multiple applications are being filed by the applicant, only 1 information sheet is required); and

  • “(c) any other document required by the Act, these rules, or the application form to accompany the application.

  “(5) The following rules apply in relation to applications:

  • “(a) rule 26 (about documents relating to earlier proceedings):

  • “(b) rule 28 (about the proper court in which to file proceedings):

  • “(c) rule 29 (which says that rules 75 and 76, which are about how to file documents generally, apply to applications):

  • “(d) rule 30 (about applications filed or accepted for filing in the wrong court):

  • “(e) rule 31 (about applications presented for filing but incomplete or otherwise not in order):

  • “(f) rule 49 (which applies various rules in Part 3 to affidavits).

  “(6) An application under section 72(2) or 73(2) of the Act seeking a warrant directing that a child be delivered to the applicant, or to some other person or authority named in the warrant on behalf of the applicant, must be accompanied by a written statement indicating what arrangements are being made for the delivery of the child to the applicant after execution of the warrant.

  “(7) An applicant who applies under section 77 of the Act for the issue of a warrant and orders to prevent the removal of a child from New Zealand and who wishes to have the child's details listed in the New Zealand Customs Service computer system must file with the application a request for a border alert in the form approved by the Secretary for Justice.

“416G Applications to be made on notice unless application can be made without notice

• “(1) An application must be made on notice unless it is permitted by rule 416H to be made without notice.

  “(2) When an application is made on notice, there must also be filed the same number of copies of the documents filed as there are persons on whom the documents are required or intended to be served.

“416H When application without notice can be made

• An application without notice may be made only if—

  • “(a) the Act specifically permits it; or

  • “(b) the court is satisfied that the delay caused by making the application on notice would or might entail serious injury or undue hardship or risk to the personal safety of the applicant or any child of the applicant's family, or both; or

  • “(c) the application affects the applicant only, is in respect of a routine matter, or is about a matter that does not affect the interests of any other person; or

  • “(d) every person in respect of whom the order is sought has either died or cannot be found; or

  • “(e) the application is made under 1 of the following:

    • “(i) section 76 of the Act (authority to use faxed copy of warrant):

    • “(ii) section 77 of the Act (preventing removal of child from New Zealand):

    • “(iii) section 143(5) of the Act (order dispensing with security for appeal costs).

“After application filed

“416I What happens with applications filed on notice

• “(1) After an application made on notice is accepted for filing, the Registrar must complete a notice to respondent (referred to in paragraph (c)) and must issue for service (that is, in general terms, make ready and complete for delivery) the following documents:

  • “(a) the application form:

  • “(b) the affidavit or affidavits in support filed with the application:

  • “(c) the information sheet:

  • “(d) a notice to respondent (which indicates that the application has been made and how, in general terms, it may be responded to or defended) in form COC 2:

  • “(e) any other document required, by the Act or these rules, to be issued for service.

  “(2) The Registrar must either arrange for the service of the documents referred to in subclause (1), or make them available for service, on each person who will be a party to, or is interested in, or is likely to be affected by, the proceedings, unless a Registrar or Judge directs otherwise on an interlocutory application for the purpose.

  “(3) The documents must be served as provided in rule 35(1), and rule 35(2) applies.

  “(4) A Judge may, on his or her own initiative or on an interlocutory application for the purpose, order that a copy of an affidavit issued for service under subclause (1)(b)—

  • “(a) not be served on any or all of the persons required or intended to be served with the application; or

  • “(b) not be served on any or all of those persons for the time being.

“416J What happens with applications filed without notice

• “(1) As soon as practicable after an application without notice is accepted for filing, it must be referred to a Judge for consideration on the papers in Chambers.

  “(2) Following that consideration, the Judge may make whatever directions he or she thinks fit and must, in relation to each order sought, do 1 of the following:

  • “(a) make an interim order, in which case he or she must direct the application to proceed to a hearing in accordance with rule 416U:

  • “(b) make a final order, but only if the application was made under rule 416H(c), (d) or (e):

  • “(c) decline to make an order, in which case the Judge must,—

    • “(i) if the issues in dispute are urgent, direct that the application proceed to a hearing in accordance with rule 416U; or

    • “(ii) direct that the application be dealt with as if it had been made on notice and that the proceedings be dealt with on the standard track.

  “(3) Then the Registrar must, without delay,—

  • “(a) make a copy of any order made available to the applicant; and

  • “(b) arrange for service (under rule 101) of any order made on every person against whom it is made; and

  • “(c) arrange for service of the application and other documents on the respondent, by doing the things required by rule 416I(1), (2), and (3) as if the application had been made on notice; and rule 416I(4) applies; and

  • “(d) if the application has been directed to proceed to a hearing, do the things required by rule 416U.

“416K Notice of response by respondent who opposes application

• “(1) A person who is served with an application (whether the application is made on notice or without notice), and who opposes all or any part of it, may file in court a notice of response and must (unless the Registrar arranges to do this) serve a copy of the notice of response on every other party to the proceedings.

  “(2) Every notice of response must—

  • “(a) be on an approved form; and

  • “(b) be accompanied by a supporting affidavit, on an approved form, that sets out all the evidence on which the respondent will rely (see rule 416Q).

  “(3) The notice of response must be filed and served—

  • “(a) within 21 days after the person is served with the application or within any shorter time directed by a Judge or Registrar; or

  • “(b) if the person resides outside New Zealand, unless the court orders otherwise, within—

    • “(i) 30 days if the person is served within the Commonwealth of Australia; or

    • “(ii) 50 days if the person is served outside New Zealand or the Commonwealth of Australia; or

  • “(c) if the person is the subject of an order for substituted service (see rule 126), within the time that the Judge or Registrar must fix on an interlocutory application that the applicant must make for the purpose.

  “(4) The following rules apply, with all necessary modifications (such as treating the references to a notice of defence as references to a notice of response), in relation to a person who is served with an application:

  • “(a) rule 39 (which is about a person who is served with an application giving an address for service):

  • “(b) rule 42 (which describes how, when a person who has been served with an application has failed to file a notice of response within the required time, the person can nonetheless be heard at a hearing).

“416L Notice by respondent wishing to protest jurisdiction

• Rule 43 applies, with all necessary modifications, to a respondent wishing to object to the jurisidiction of the court to hear and determine the proceedings.

“416M Notice by respondent wishing to be heard or reserve rights

• Rules 44 and 45 (but not rule 46) apply, with all necessary modifications, to a respondent who does not oppose an application but who wishes to be heard or to reserve his or her rights by filing and serving an appearance.

“416N Party requiring more information

• Rule 47 applies, with all necessary modifications, to any party to an application who wishes to get more information or an admission from another person.

“416O Witness summons and witness expenses

• Rule 50 (about when a party wishes to summon a witness) and rule 51 (about payment of witnesses who attend court) apply to proceedings under the Act.

“Proceedings generally

“416P Proceedings dealt with on tracks

• “(1) All proceedings must be dealt with on the appropriate track, in order to assist the proceedings to progress through to resolution in an orderly and efficient manner.

  “(2) Whichever track proceedings are on, and whatever stage they are at, except as otherwise specifically provided in the Act or this Part, a Judge may (without limitation) do any of the following:

  • “(a) make orders by consent:

  • “(b) appoint, in accordance with section 7 of the Act, a lawyer to represent the child or children:

  • “(c) appoint, under section 130 of the Act, a lawyer to assist the court:

  • “(d) seek a report referred to in section 132(2) of the Act by requesting, or directing the Registrar to request, a copy of an application for guardianship or for a parenting order (other than an interim parenting order) to be supplied to the chief executive of the department responsible for the administration of the Children, Young Persons, and Their Families Act 1989:

  • “(e) request, or direct the Registrar to request, under section 133 of the Act, the preparation of a cultural report, medical report, psychiatric report, or psychological report:

  • “(f) give approval under section 133(10) of the Act for the preparation and presentation of a second opinion:

  • “(g) direct the parties to attend FDR (but only in accordance with section 46F of the Act):

  • “(h) refer the parties to counselling services (but only in accordance with section 46G of the Act):

  • “(i) direct the parties to attend a parenting information programme (but only in accordance with section 46O of the Act):

  • “(j) change the track on which the proceedings are being dealt with.

“416Q Restriction on further evidence being filed

• A party may not, after filing an initial affidavit in support (whether with an application or with a notice of response), file a further affidavit of evidence except—

  • “(a) as directed by a Judge; or

  • “(b) with the leave of a Judge; or

  • “(c) where the party is seeking, under rule 47 (as applied by rule 416N), further evidence or an admission.

“416R What happens when FDR is ordered

• “(1) If the parties to proceedings under the Act are ordered under section 46F of the Act to attend FDR, no further steps may be taken in the proceedings, except with the leave of a Judge, until the court receives the form required by section 13(1) of the Family Dispute Resolution Act 2013.

  “(2) After the court receives that form, a Judge must review the application on the papers in Chambers in light of the outcome of FDR and make whatever orders or directions he or she thinks fit, including (if necessary) identifying which type of conference or hearing is to follow.

“Tracks

“416S Standard track

• “(1) Proceedings must be dealt with on the standard track if—

  • “(a) a notice of response to an application filed on notice is filed and served within the required time; or

  • “(b) a Judge directs that the proceedings be dealt with on the standard track.

  “(2) When proceedings are dealt with on the standard track, as soon as practicable after a notice of response is filed and served, the application and notice must be referred to a Judge for consideration on the papers in Chambers.

  “(3) Following that consideration, the Judge may make whatever orders and directions he or she thinks fit and must, unless the parties are directed to FDR, do 1 of the following:

  • “(a) direct that an issues conference be convened (see rule 416X), unless paragraph (b) or (c) applies:

  • “(b) direct that a settlement conference be convened (see rule 416Y), but only if it appears that issues in dispute are likely, without an issues conference, to be able to be settled by way of a settlement conference:

  • “(c) direct that the application proceed to a hearing (see rules 416ZD to 416ZH), but only if it appears that the issues in dispute will only be able to be resolved by way of a hearing.

  “(4) If no notice of response is filed and served within the time required by rule 416K(3), the application must be dealt with on the simple track.

  “(5) At the end of an issues conference held for proceedings on the standard track, unless the Judge directs the parties to attend FDR, the judge must—

  • “(a) identify the issues in dispute; and

  • “(b) direct—

    • “(i) that a settlement conference be convened; or

    • “(ii) that the application proceed to a hearing.

“416T Complex case on standard track

• “(1) A Judge may classify as a complex case any proceedings that are being dealt with on the standard track, but only if the Judge is satisfied that the proceedings require a greater degree of judicial oversight than is ordinarily provided in proceedings under the Act.

  “(2) The kind of features that indicate that particular proceedings require a greater degree of judicial oversight than is ordinarily provided include the following:

  • “(a) allegations of serious abuse or violence:

  • “(b) that the personalities or behaviour of the parties, or any of the parties, indicate that there may be a serious risk to the physical or psychological safety or well-being of any child involved in the case:

  • “(c) novel or difficult legal, technical, or evidential issues.

  “(3) If a case is classified as a complex case,—

  • “(a) the Judge who so classified the proceedings must personally (wherever practicable) take over all subsequent steps in the proceedings, unless or until the Judge decides that it is no longer a complex case; and

  • “(b) case management conferences may be convened at any time in connection with the proceedings.

“416U Without notice track

• “(1) When proceedings are dealt with on the without notice track, the first steps (which occur before the respondent has been served with notice of the application) are as described in rule 416J.

  “(2) If a Judge directs that the application proceed to a hearing, a directions conference must be convened before the hearing (see rules 416W, 416Z, and 416ZA).

  “(3) On an application made without notice, if it appears to a Judge that the issues in dispute are urgent,—

  • “(a) the application must proceed on a faster time frame than applies to proceedings on the standard track; and

  • “(b) wherever possible, a directions conference must be convened within 3 weeks after the date on which the Judge directs the application to proceed to a hearing.

  “(4) In no case may a directions conference be held on the without notice track before the expiry of the period within which a notice of response may be filed.

  “(5) The only conference that can be held for proceedings on the without notice track is a directions conference.

“416V Simple track

• “(1) Proceedings to be dealt with on the simple track are—

  • “(a) proceedings commenced by an application for a consent order; and

  • “(b) proceedings commenced by an application on notice in which no respondent has filed a notice of response within the time required for the filing of that notice.

  “(2) When proceedings are dealt with on the simple track, a Judge must consider the application on the papers in Chambers.

  “(3) That consideration must take place,—

  • “(a) if the application was made by consent, within 2 weeks after it was filed (where reasonably practicable); and

  • “(b) in any other case, as soon as practicable.

  “(4) Following that consideration, the Judge must, if possible, dispose of the proceedings by making all necessary final orders.

  “(5) If it is not possible to dispose of the proceedings at that time, the Judge may make any directions and interim orders he or she considers appropriate, and must (whether or not any interim orders are made) do at least 1 of the following:

  • “(a) direct the parties to attend an issues conference:

  • “(b) direct that the application proceed to a formal proof hearing:

  • “(c) direct any party to provide further written information or evidence, in which case, on receipt of the information or evidence, a Judge (not necessarily the same Judge who originally considered the application) must again consider the matter on the papers; and subclause (4) and this subclause then apply.

  “(6) The only conference that can be held for proceedings on the simple track is an issues conference.

  “(7) At the end of an issues conference held for proceedings on the simple track, the Judge must—

  • “(a) direct that the application proceed to a formal proof hearing; or

  • “(b) direct that the matter be dealt with on the standard track.

“Conferences generally

“416W General rules about conferences

• “(1) In proceedings under the Act, rules 174 to 176 (about conferences) do not apply except as specifically identified in this Part, and every conference must be 1 of the following kinds:

  • “(a) an issues conference (see rule 416X):

  • “(b) a settlement conference (see rule 416Y):

  • “(c) a directions conference (see rules 416Z and 416ZA):

  • “(d) a pre-hearing conference (see rule 416ZB):

  • “(e) a case management conference (see rule 416ZC).

  “(2) When a Judge directs that a conference be held, the Judge may give the direction on such terms as the Judge thinks fit, and rule 175B(1) and (2) (about a Registrar giving notice of a conference) applies as if the conference were a judicial conference.

  “(3) Parties must attend a conference if directed to do so by a Judge and, if permitted under section 7A of the Act, parties' lawyers may also attend.

  “(4) Every conference under this Part must be presided over by a Judge.

  “(5) The presiding Judge may do any of the relevant things listed in rule 175D(2) at any conference under this Part, other than at a settlement conference (except as provided in rule 416Y(5)).

  “(6) A conference may be held by way of teleconference, video conference, or any other electronic means, as directed by a Judge or Registrar.

  “(7) As soon as practicable after every conference, the Registrar must provide the parties with a record of all orders made and directions given by the Judge at the conference.

  “(8) Rule 176 (about non-compliance with orders made and directions given at a conference) applies to every conference held under this Part as if it were a judicial conference.

“Specific kinds of conferences

“416X Issues conference

• The purpose of an issues conference is to enable a Judge, having seen and spoken with the parties to an application, to make any orders or give any directions the Judge thinks fit, and to do the things referred to in rule 416S(5) or 416V(7) (as applicable).

“416Y Settlement conference

• “(1) Under section 46Q of the Act, the purpose of a settlement conference is to enable a Judge to—

  • “(a) ascertain whether any or all of the issues in dispute between the parties can be settled; and

  • “(b) settle those issues.

  “(2) Rules 178 to 180 do not apply to a settlement conference under this Part, except that—

  • “(a) rule 178(3) and (4) applies; and

  • “(b) rule 179(3) applies.

  “(3) A Judge may, on request by a party, permit any person to attend a settlement conference as a support person for that party, and the Judge must agree to such a request unless he or she considers there is a good reason why the named support person should not be permitted to be present.

  “(4) At the conclusion of a settlement conference the Judge may make any direction that he or she thinks fit and must do 1 or more of the following:

  • “(a) make a consent order (under section 46Q(3) of the Act) settling some or all of the issues in dispute:

  • “(b) direct that the application proceed to a hearing, but only if—

    • “(i) the Judge is satisfied that all the issues in dispute between the parties cannot be settled at the settlement conference; and

    • “(ii) the Judge has indicated to the persons attending the conference that he or she has formed that view:

  • “(c) if section 46F of the Act applies, direct the parties to attend FDR.

  “(5) If the Judge directs, under subclause (4)(b), that the application proceed to a hearing,—

  • “(a) the Judge may do any of the relevant things referred to in rule 175D(2), and may also do anything referred to in rule 416Z(2); and

  • “(b) if the Judge directs also that a directions conference be held, the directions conference must be convened, if reasonably practicable, within 4 weeks after the settlement conference.

  “(6) A Judge who presides over a settlement conference may also preside over any hearing that follows it, whether or not the parties consent.

“416Z Directions conference

• “(1) The purpose of a directions conference is to enable a Judge to make the orders and give the directions that are necessary to ensure that the hearing takes place as early as possible and will enable the determination of the issues in dispute between the parties.

  “(2) At the conclusion of a directions conference, unless subclause (3) applies, the Judge—

  • “(a) must—

    • “(i) settle the issues to be determined at the hearing; and

    • “(ii) identify any witnesses who are required for cross-examination; and

    • “(iii) approve a timetable for filing and serving any further evidence; and

  • “(b) may require the applicant to prepare and file an agreed bundle of documents (which must be paginated) and direct that the costs of preparing that bundle be shared equally between the parties.

  “(3) If no respondent (being a person who has been served with the application and required to attend the conference) has filed a notice of response within the required time,—

  • “(a) the Judge may treat the conference as a hearing and may determine the application at that time; and

  • “(b) if a respondent attends the conference, rule 42 (which sets out when a respondent may be heard) applies as if the conference were a hearing.

  “(4) If it appears that some or all of the issues in dispute can be determined by way of a submissions-only hearing, the Judge must direct that a submissions-only hearing be held (see rule 416ZG).

  “(5) If the proceedings are on the without notice track, the period between the directions conference and any subsequent hearing must, where reasonably practicable, be not more than 3 weeks.

“416ZA Memoranda filed in advance of directions conference

• “(1) Not later than 5 working days before the date of a directions conference (or within any other period specified by a Registrar),—

  • “(a) the parties must file a joint memorandum, in the approved form, that addresses the matters in subclause (2); or

  • “(b) if a joint memorandum cannot be agreed, each party must file, and serve on the other parties, a separate memorandum, in the approved form, that addresses the matters in subclause (2).

  “(2) The matters referred to in subclause (1) are as follows:

  • “(a) the issues (if any) that have been settled between the parties:

  • “(b) the issues in dispute to be determined at the hearing:

  • “(c) a chronology of relevant events:

  • “(d) a list of affidavits filed by the party or parties and that the party or parties intend to rely on:

  • “(e) whether the party or parties wish the court to request, under section 133 of the Act, the preparation of a cultural, medical, psychiatric, or psychological report:

  • “(f) whether the party or parties wish to obtain the approval of the court under section 133(10) of the Act for a second opinion on a report requested by the court under that section:

  • “(g) the evidence proposed to be tendered at the hearing, including the identification and availability of any witness:

  • “(h) a proposed timetable for filing and serving evidence:

  • “(i) which (if any) orders made or directions given in the proceedings—

    • “(i) have been complied with; or

    • “(ii) have not been complied with, and the reasons for non-compliance.

“416ZB Pre-hearing conference

• “(1) After a directions conference, a Judge may, if he or she considers it necessary, direct that a pre-hearing conference be convened.

  “(2) The purpose of a pre-hearing conference is to enable a Judge to review a proceeding that is set down for hearing and to make any orders or give any directions that the Judge considers necessary to ensure that the proceeding will be ready to be determined at the hearing.

“416ZC Case management conference

• “(1) Case management conferences may only be convened for complex cases, and only for the purpose of allowing closer judicial management of the case.

  “(2) A case management conference may be convened at any time, either by a Judge on his or her own initiative or on application by a party.

“Hearings

“416ZD What happens when Judge directs that application proceed to hearing

• “(1) When a Judge directs that an application proceed to a hearing, the Judge must at the same time specify what kind of hearing must be held.

  “(2) Section 7A(4)(b)(iii) of the Act provides that a lawyer may act for any party to a proceeding commenced by an application made on notice if a Judge has directed that the application proceed to a hearing.

“416ZE Hearings generally

• “(1) As soon as practicable after a Judge directs that an application proceed to a hearing, the Registrar must (unless the Judge directs otherwise) fix a date and time for the hearing.

  “(2) When the Registrar fixes the date and time for a hearing, he or she must give notice of the date, time, and place of the hearing to the parties as soon as practicable.

  “(3) The following rules in Part 2 apply, with any necessary modifications, to all hearings held in proceedings under the Act:

  • “(a) rule 48 (about evidence at hearings being given by affidavit):

  • “(b) rule 49 (which applies certain rules in Part 3 that relate to affidavits):

  • “(c) rules 50 and 51 (about witnesses):

  • “(d) rule 53 (about moving from court to Chambers):

  • “(e) rule 54 (about ascertaining wishes and views of child or young person):

  • “(f) rule 55 (about the procedure if parties do not appear):

  • “(g) rule 56 (about when a judgment can be set aside):

  • “(h) rule 57 (about the procedure if all parties appear):

  • “(i) rule 58 (about what happens at the end of a hearing):

  • “(j) rule 59 (about rehearings):

  • “(k) rule 60 (about appeals to the High Court).

“416ZF Defended hearings

• “(1) Subclause (2) applies to all defended hearings unless—

  • “(a) the hearing is for a complex case and the Judge considers that the times should be varied; or

  • “(b) the Judge considers that the times should be varied for any other good reason consistent with the purpose of these rules.

  “(2) The total time allowed for a hearing must not exceed the total time calculated in accordance with this subclause and subclause (3):

  	Action		Time limit (minutes)
  (a)	Examination of parties and witnesses		10 per person examined
  (b)	Cross-examination of witnesses by—
  	(i) each party		40 per person cross-examined
  	(ii) lawyer for the child		30 per person cross-examined
  (c)	Re-examination of parties and witnesses		5 per person re-examined
  (d)	Submissions on the law by—
  	(i) each party		10
  	(ii) lawyer for the child		10

  “(3) The Judge must determine an amount of time to be allocated for all remaining aspects of the hearing (including, for example, dealing with non-party witnesses).

“416ZG Submissions-only hearings

• “(1) A Judge may direct that a hearing be a submissions-only hearing if he or she is satisfied that some or all of the issues in dispute can be determined by a hearing conducted in accordance with subclause (2).

  “(2) At a submissions-only hearing,—

  • “(a) the matters must be decided on the basis only of submissions (written or oral) by the parties, any lawyer for the child, and any lawyer appointed to assist the court; and

  • “(b) no witnesses may be called; and

  • “(c) no cross-examination of the parties may be conducted (and therefore nothing in rule 169 applies).

  “(3) If, at the end of a submissions-only hearing, all the matters in dispute have not been determined, the Judge may do any of the relevant things referred to in rule 175D(2) and may also do anything referred to in rule 416Z(2).

“416ZH Formal proof hearings

• At a formal proof hearing, no witnesses may be called, but the party or parties must prove to the satisfaction of the Judge that making the order sought would be consistent with section 4 of the Act.

“Miscellaneous

“416ZI Request to speak on child's cultural background

• A party to proceedings under the Act who asks the court (under section 136(1) of the Act) to hear a person speak on a child's cultural background, or on any aspect of it that may be relevant to a matter in issue in the proceedings, must make that request in writing.

  “Compare: Rule 350A

“416ZJ Costs of contravention of parenting order

• A party to a parenting order (party A) who applies under section 71 of the Act for an order requiring another party to the parenting order (party B) to pay the costs incurred by party A because of party B's contravention of the parenting order must include, in the affidavit required to be filed with the application under rule 416F, details of those costs.”

“431C Information requested for purpose of enforcing cost contribution orders

• “(1) This rule applies to cost contribution orders, being orders that require the reimbursement to the Crown of a prescribed proportion of certain fees and expenses and that are made under any of the following provisions:

  • “(a) section 135A of the Care of Children Act 2004:

  • “(b) section 162C of the Family Proceedings Act 1980:

  • “(c) section 226C of the Child Support Act 1991.

  “(2) The chief executive of the Ministry of Justice may request the Registrar of a Family Court, or the Registrars of all Family Courts, to provide to the chief executive, in a specified manner, the information required to enable the chief executive to enforce a cost contribution order made against any person.

  “(3) A Registrar of a Family Court to whom a request under subclause (2) is made must respond to the request by providing the information in the specified manner.”