The designated Central Authority for all of New Zealand is the Ministry of Justice. Their address is P.O Box #180, Wellington, New Zealand. The international telephone number is 011-64-4-918-8800 and the international telefax number is 011-64-4-918-8820. There is no public e-mail address.

To apply for the return of a child under the Hague Convention in New Zealand, you must submit the following:

Required Documents:

An application form. The U.S. Central Authority application form, along with instructions for completing it, can be downloaded at www.travel.state.gov/childabduction. (NOTE: A separate application form must be filed for each child.)

Given the lack of space on the application form itself, it is very helpful to have a separate notarized Affidavit from the left-behind parent setting out the details of the circumstances leading up to and including the abduction/wrongful retention and any subsequent efforts made to recover the child. If a considerable amount of time has elapsed (more than three months) since the abduction/retention, the statement should explain the reason for the delay in filing the application.

An Article 28 Power of Attorney form (sample available under "Abduction Resources" on www.travel.state.gov/childabduction.

A certified copy of your marriage certificate or order of paternity as appropriate.

A certified copy of the child's birth certificate or an explanation of why a certified copy is not available (i.e., child born abroad and taking parent has all records).

Photographs of the child(ren) and taking parent, preferably in color.

Evidence of rights of custody. Copy of the relevant state law or an Affidavit of Law from a licensed attorney which clearly explains the applicant's rights of custody at the time of the removal or retention as defined in Article 3 of the Convention or a complete, signed copy of the court order regarding custody that was in force at the time of the removal or retention. Note: It is not necessary to obtain a post-abduction/retention court order of sole custody to apply for assistance under the Hague Convention. Obtaining such an order may actually complicate your case.

Useful (Non-Essential) Documents

• Evidence of habitual residence. Letters (on letterhead) from child's school, day care facility and/or physician indicating the length of time the child was in their care. Please do not send complete medical files or school records; a one-page letter is sufficient.
• When a child has been retained, the applicant should submit any documents that would indicate that the child's stay outside the United States was intended to be temporary. Such documents might include evidence of round-trip tickets specifying a return date and/or written correspondence (i.e., letters, e-mails, etc.) demonstrating the intent to return to the U.S.
• Complete copies of any other court orders relating to custody of the child.

To apply for access to a child in New Zealand under the Hague Convention, you must submit the following:

• An application form. The U.S. Central Authority application form may be downloaded from www.travel.state.gov/childabduction.
• An Article 28 Power of Attorney form
• Evidence of Access Rights such as a statement of Law which clearly sets out the left-behind parent's rights of access and how those rights have been breached under Article 4 of the Convention or an Access Proposal from the left-behind parent clearly explaining what access is being sought (i.e., correspondence, telephone, e-mail, physical visitation) the frequency of contact and who will be responsible for the costs.
• Copies of any court orders relating to access, custody or guardianship of the child.
• A certified copy of the child's birth certificate.
• Photos of the child and of the custodial parent.

Please remember:

• All documents should be typed or very neatly printed in black ink.
• Fill out the Hague application as completely as possible with the information you possess. The physical descriptions of the taking parent and child (Parts I and III) are especially important, and should be completed regardless of the existence of accompanying photos. While passport numbers and social security numbers are helpful, they are not essential.
• If you are concerned that the taking parent will flee or hide the child when notified of the proceedings, it is very important that you note this and state the reason for this concern in section VIII of the application or on a separate page. It is helpful if this concern is repeated in a cover letter or note attached to the application.

The completed Hague application with supporting documents should be submitted to:

CA/OCS/CI, SA-29, 4 th Floor
U.S. Department of State
2201 C Street, NW
Washington, D.C. 20520-2818

We strongly recommend that Hague application packages be sent by courier such as FedEx, DHL, UPS, Express Mail, etc. to ensure prompt delivery. Due to Department screening requirements for all mail, items sent by courier may take several days to reach CA/OCS/CI once received in the Department.
Tel: 1-888-407-4747
Fax: 202-736-9132

Internet: http://www.travel.state.gov/childabduction

New Zealand provides free legal representation in Hague cases and absorbs all legal costs for requests. If the location of the child and taking parent is unknown, the Central Authority may call on the services of the New Zealand police to locate the taking parent and child. Once the location of a child is known, the file is referred to the nearest District Court. The court appoints a private lawyer, known as a solicitor, to represent the applicant. The solicitor applies to the court for an order preventing the removal of the child from New Zealand and files an application for return, which is then served on the taking parent. An initial hearing will be scheduled within a few days and negotiations for a voluntary return will start. Further hearings will depend on the circumstances of the case and existing court schedules. Official communications and documents should be channeled through the Central Authorities. However, in some cases the New Zealand solicitor may initiate communication directly with the applicant and/or his/her U.S. lawyer.

The left-behind parent will not be required to attend the New Zealand court proceedings unless there are unusual circumstances. The taking parent will be given at least three weeks notice of the final hearing but is not normally present in court.

The application will be heard in the New Zealand Family Court. All judges of the Family Court are familiar with the Convention and New Zealand's implementing legislation. If an order for return is made and the taking parent chooses not to comply, the solicitor acting for the left-behind parent will apply to the court for a warrant directing the police and/or social worker to take control of the child (known as “uplifting”) until he/she can be returned to the country of habitual residence.

The Convention requires that cases be heard expeditiously. On average, most cases take between two and four months to resolve. However, the length of time required depends entirely on the circumstances of each individual case. For example, is the location of the child and the taking parent known? Will the taking parent consent to returning the child voluntarily? Are there many arguments and counter-arguments that need to be examined by the court?

It is not necessary for a left-behind parent to retain a private solicitor in New Zealand. It usually serves little purpose and is an unnecessary burden on the left-behind parent's financial resources. It can also cause delays rather than speeding up the process.

If the left-behind parent wishes to conduct his/her own case, the applicant can retain a New Zealand solicitor and initiate proceedings under the Convention. In that case, the court will not assign a solicitor and the proceedings will be conducted entirely at the expense of the left-behind parent. Information on retaining a foreign attorney and attorney lists are available from the Office of Children's Issues or can be downloaded from our website.

The New Zealand Government pays all legal costs connected with the application for the return of a child if the application is filed with the Central Authority. However, the Central Authority is not responsible for any transportation costs. The left-behind parent must be prepared to cover the cost of the return airfare for the child if there is an order for return. Depending on the circumstances of an individual case, a New Zealand court may order the taking parent to cover these costs.

If a left-behind parent wishes to conduct his/her own case, he/she is responsible for all expenses incurred.

Pro bono legal assistance is not required, since the New Zealand Government covers legal assistance.

Appeals must be filed within 28 days of the Family Court decision. Appeals from Family Court decisions are heard in the High Court. Appeals can add considerable delay to the Hague process although every effort is made to schedule Hague cases as soon as possible.

If the Family Court does not order the return of the child, the Central Authority will assess the likelihood of a successful appeal. If, in the view of the Central Authority and the solicitor for the left-behind parent, an appeal would succeed, the Central Authority will instruct the solicitor to appeal the Family Court decision and will fund the appeal. If, however, the Central Authority decides not to appeal a decision, then the left-behind parent may choose to instruct a privately-retained solicitor to file an appeal. If the Family Court orders the return of the child, and the taking parent appeals the decision, normally the order for return will not be enforced until the appeal has been heard.

New Zealand's Hague access obligations are provided for in the Guardianship Amendment Act of 1991. Upon receiving an access application, the New Zealand Central Authority will appoint a solicitor in private practice who will attempt to negotiate an access arrangement between the two parties. If that is not successful, the solicitor will file proceedings in court.

If the left-behind parent is seeking access on an ongoing basis (i.e., every school vacation), the Central Authority will advise him/her to retain a New Zealand solicitor and apply for access under domestic law.

Recognition and Enforcement of U.S. Custody Orders:

There is no arrangement that allows U.S. court orders to be automatically recognized and enforced in New Zealand. It is necessary to retain a solicitor to file for a so-called “Consent Order” in the New Zealand court. The solicitor will be able to advise a left-behind parent on what documents would be relevant to the particular case. There are no filing fees in the Family Court for custody orders. Legal fees are a matter for the client and the lawyer to resolve.

Criminal Remedies:

For information on possible criminal remedies relating to an international child abduction, please contact your local law enforcement authorities or the nearest office of the Federal Bureau of Investigation. Information is also available on the Internet at the web site of the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention at http://www.ojjdp.ncjrs.org. You should be aware that filing criminal child abduction charges in the United States against a taking parent may jeopardize a New Zealand Hague Convention case. For example, the New Zealand courts may be reluctant to issue or enforce a return order if a taking parent, returning to the U.S. for the purpose of pursuing a custody case, might be arrested.

Additional Information:

The State Department has general information about welfare visits, hiring a foreign attorney, service of process, enforcement of child support orders, and the international enforcement of judgments, which may supplement the country-specific information provided in this flier. In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. When situations in a country are sufficiently serious, the State Department issues Travel Alerts and Travel Warnings that recommend U.S. citizens avoid traveling to that country. These documents are available on the Internet at http://travel.state.gov.

TOLL-FREE: Overseas Citizen Services in the Bureau of Consular Affairs has established a toll-free number for the general public at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m., Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain general information and assistance during these hours by calling 1-202-501-4444.