Child custody in New Zealand
In New Zealand both parents are guardians if they were married or living together or the father is named on the birth certificate, and the court decides care arrangements by the child's welfare.
Updated October 2026. Spotted a mistake? Tell us.
If the parents are married
Both parents are guardians of the child, and remain guardians after separation.
If the parents are not married
The mother is a guardian. The father is a guardian if he was married to the mother at any time between conception and birth, or was living with her in a relationship like a marriage, or is named on the birth certificate.
The unmarried father, in one line: The mother has it; the father needs a step: a joint declaration, registration, agreement, or living with the mother at the birth.
After a divorce or separation
Parents are encouraged to agree on care arrangements and, if they cannot, to use family dispute resolution. A court then decides, and the child's welfare and best interests are the paramount consideration. All guardians continue to share decisions on important matters, while the arrangements decide day-to-day care.
What the child can say
A child must be given reasonable opportunities to express views on matters that affect them, and those views are taken into account.
Moving house or moving abroad with the child
A guardian who wants to move with the child abroad needs the other guardians' consent, or a court's permission.
If the parents live in different countries
New Zealand is a party to the 1980 Hague Child Abduction Convention, which lets a parent ask for a child wrongly taken to another country to be returned. It works only with countries that have accepted its accession, so check the other country on the treaty status table.
Understand the legal system first
New Zealand belongs to the Common law family. Family law grows out of the legal tradition, so it helps to know how the system works.
Read the New Zealand legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in New Zealand? →
Divorce rate and trend in New Zealand →
Official sources
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TheLawToKnow Tools’s child custody guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.
