- Apply for a lay assistant
- Applications and information sheets
- Affidavits
- Specialist reports
- Court orders
Overview
Once your documents are ready, you'll need to file them at the Family Court.
Before you file
Before you file your documents make sure:
- you have any filing fee ready or an application for a fee waiver
- you have sworn or affirmed your affidavit in front of an approved person
How to file your documents
You can file your documents in person, electronically, or by post. You can pay the filing fee at the same time. Payment can be made using cash, eftpos, debit card, or credit card.
You must file your documents to the correct court. This may be the court nearest to you, but sometimes it can be a court in another suburb or town, depending on the type of case. For example, if a child is involved in the case, you may need to file your documents at the court nearest to where the child lives.
If you are unsure about where to file your documents, contact a lawyer for help. You can also contact the Ministry of Justice on 0800 268 787.
Urgent applications
If you're filing an urgent application, you should email your documents to the correct court. Urgent applications must be in a PDF file and organised in a special order. You must send it to the correct email address to make sure your application is treated as urgent.
In person
You can file your documents in person by dropping them off at the correct court. You’ll need to make sure you have all your documents and enough copies so there is one for:
- the court
- you
- every person named as a party in your application.
If you need help to file your documents, ask your lawyer or freephone the Family Court on 0800 268 787.
Electronically
You can file your documents using our File and Pay service. You can upload your documents to File and Pay and pay your application fees. You can also use the file and pay service to pay your fees and then post your documents to the court.
Post
You can send your documents to the correct court house by mail.
How to serve your documents
When you file your documents, you’ll need to make sure everyone else named as a party to the original application is given a copy. The court will usually arrange this. You’ll need to give the court enough copies for everyone named as a party in the original application and one for the court. You’ll also need to keep a copy for yourself.
Sometimes, you’ll need to arrange for someone to serve the documents. For example, if you're applying for a divorce on your own. The court will give you instructions on how to do this after you have filed the application.
You should only serve the documents in person if it is safe for you to do so.
If you’re not sure, talk to your lawyer, visit your local court, or freephone the Ministry of Justice on 0800 224 733.
Personal and electronic service
Personal service is when your documents must be given to the other people in person. If the court arranges service, this will often be done by a Bailiff. The Bailiff will confirm the person’s identify before handing over the documents.
Sometimes, if an electronic address for service has been provided, your documents can be served electronically.
If you’re not sure how to serve your documents, talk to your lawyer, visit your local court, or freephone the Ministry of Justice on 0800 224 733.
Serve a response
If you respond to an application, a copy of your response must be given to all the other people named as parties in the original application. This must happen straight away after you file your response. The rules for service can be different, depending on the type of application. Usually, you’ll file your response electronically and serve the other parties electronically. If that’s not possible, the court registrar will be able to help you.
Sometimes, you’ll need to arrange for someone else to serve your documents for you, for example your lawyer. You can arrange service by post, delivery or electronically.
Your response must be sent to the address for service. This may be a different address to what you know. It might be another residential address, a work address, or their lawyer’s address. You’ll find the address for service in the documents you received from the Court.
Substituted Service
Substituted service is using a different way to serve your documents. For example, using social media. You can use substituted service if you can’t serve someone. For example, because the person serving the documents can’t find the other person or they are avoiding being served.
Some of the ways you could look for an address for the other person to be served are by:
- contacting the other person’s family and friends
- checking the phone book (you can do this online at whitepages.co.nz (external link) ).
If you can’t find an address or aren’t able to serve the person, you or your lawyer can apply for substituted service. Complete the relevant form below and file it at your nearest court.
- If you are applying for divorce use Application for substituted service [PDF, 211 KB]
- For all other cases use Form A1 interlocutory application without notice [PDF, 20 KB]
Dispensing with or changing service
If all attempts to serve someone has failed, the Family Court can make an order to remove the requirement for the other person to be served or change the way they’re served. This is called dispensing with or changing service. Sometimes, a judge may decide to make an order dispensing altogether with the service required or make an order for substituted service. They must be satisfied this is appropriate before making this order.
The court will only dispense with service in limited and exceptional circumstances. If you want to apply for an order dispensing with or changing the service required, talk to your lawyer, visit your local court, or freephone the Ministry of Justice on 0800 224 733.
