Parenting Through Separation

Going through a separation or divorce can be a challenging and emotional time, especially when children are involved. Co-parenting after a breakup can be difficult to navigate, but fortunately, there are resources available to help. One such resource is the “Parenting Through Separation Programme,” a course designed to assist parents in developing strategies to communicate and co-parent effectively.

In this article, we will explore the “Parenting Through Separation Programme” in detail, including what it is, what to expect, and how it can benefit you and your family. So, whether you are already enrolled in the programme or considering it as an option, read on to learn everything you need to know.

The Parenting Through Separation Program

The “Parenting Through Separation Programme” is generally mandatory before apply to the Family Court for an order in respect of children whether that order is for custody, visitations, travel or education and other matters concerning a child.

Parenting Through Separation  course is designed to help parents navigate co-parenting after a separation or divorce. The programme is available throughout New Zealand and is facilitated by trained professionals with expertise in family law and child development.

The course is designed to provide parents with the tools they need to communicate effectively, manage conflict, and co-parent in the best interests of their children. The programme covers a range of topics, including:

• Understanding the impact of separation on children
• Developing effective communication strategies
• Managing conflict and resolving disputes
• Co-parenting with a focus on the child’s needs
• Navigating the legal system

The “Parenting Through Separation Program” is free for eligible participants and is generally mandatory before filing an application in the Family Court fro orders regarding children.

What to Expect from the Programme

The “Parenting Through Separation Programme” is designed to be a supportive and informative experience for parents. Here’s what you can expect if you choose to enroll:

• Professional facilitation: The programme is facilitated by trained professionals with expertise in family law and child development. They will provide guidance and support throughout the course, helping you to navigate the challenges of co-parenting.
• Group setting: The programme is typically delivered in a group setting, allowing you to connect with other parents who are going through a similar experience. This can be an excellent opportunity to share experiences, gain new perspectives, and build a support network.
• Interactive learning: The programme uses a range of interactive learning tools, including videos, group discussions, and role-playing exercises. This helps to keep the course engaging and relevant to your needs.
• Tailored content: The programme is tailored to your specific needs, taking into account your family’s unique circumstances. The facilitators will work with you to develop strategies that are appropriate for your situation.
• Ongoing support: The programme provides ongoing support, including access to online resources and follow-up sessions with the facilitators. This can be particularly helpful as you continue to navigate co-parenting after the course has ended.

How the “Parenting Through Separation Programme” Can Benefit You and Your Family

The “Parenting Through Separation Programme” can have a range of benefits for both you and your family. Here are just a few:

• Improved communication: The programme provides practical strategies for effective communication, which can help to reduce conflict and improve relationships between parents.
• Better co-parenting: By learning how to co-parent in the best interests of your children, you can create a more stable and supportive environment for them.
• Reduced stress: Going through a separation or divorce can be incredibly stressful. The “Parenting Through Separation Programme” can provide you with the tools you need to manage this stress and improve your wellbeing.
• Improved outcomes for children: Co-parenting effectively after a separation or divorce can have a positive impact on children’s wellbeing and development. By attending the “Parenting Through Separation Programme,” you can ensure that you are doing everything you can to support your children during this challenging time.

Parenting Orders

Parenting orders are essential legal mechanisms in New Zealand designed to protect the best interests of children during and after parental separation.

Understanding who can apply for a parenting order and the procedural steps involved is crucial for those navigating family law.

This article provides an in-depth guide on parenting orders, including eligibility, the application process, and relevant legislation under New Zealand law. However this content is not to be construed as legal advice as there is not substitute for contacting a family lawyer

What is a Parenting Order

A parenting order is a formal Court order issued by the Family Court in New Zealand concerning the care and welfare of a child. These orders can determine various aspects of a child’s upbringing, such as:

– Who the child will live with

– How much time the child will spend with each parent or other significant persons

– The allocation of parental responsibilities

– Any other aspect of the child’s care, welfare, and development

Parenting orders are made under the Care of Children Act 2004, which prioritizes the best interests and welfare of the child as the paramount consideration.

Who Can Apply for a Parenting Order

Under the Care of Children Act 2004, several individuals are eligible to apply for a parenting order. According to Section 47 of the Act:

“A parent of the child or any other person who is a guardian of the child, or who is entitled to apply to be appointed a guardian of the child, may apply to the court for a parenting order.”

This includes:

– Either or both of the child’s parents

– The child themselves

– A grandparent of the child

– Any other person who is part of the child’s wider family, whānau, or other culturally recognized family group

Parental Applicants

The most common applicants are the child’s parents. Regardless of their relationship status, both parents have the right to apply for a parenting order. This includes biological, adoptive, and in some cases, step-parents.

Non-Parental Applicants

Non-parental applicants, such as grandparents or other significant individuals, can apply for a parenting order if they have a genuine concern for the child’s welfare. For instance, if a grandparent has been significantly involved in the child’s life and believes the child’s best interests are at risk, they can seek a parenting order to ensure the child’s continued stability and care.

How to Apply for a Parenting Order

The process of applying for a parenting order in New Zealand involves several steps, each designed to prioritize the child’s best interests.

Generally You Will Need to attach a copy of proof of :

1- Your certificate of completion of the Parenting Through Separation course discussed above , and

2- An outcome form from Family Dispute Resolution.

If failed to include these two documents with your court application, you’re likely to have your application rejected and returned to you.

Attempt Family Dispute Resolution (FDR)

Before applying for a parenting order, parties are generally required to attempt Family Dispute Resolution (FDR). This process involves mediation to help parents or other parties reach an agreement without going to court. FDR is facilitated by a qualified mediator who assists in negotiating a mutually acceptable arrangement.

Section 46R(1) of the Care of Children Act 2004 states:

“A person who wishes to make an application to the court for a parenting order must, before making the application, endeavour to resolve the dispute by attending family dispute resolution.”

Prepare and File an Application

If FDR is unsuccessful, the next step is to prepare and file an application with the Family Court. The application must include:

– An application form

– An affidavit detailing the circumstances and reasons for seeking the order

Serve the Documents

Once the application is filed, the applicant must serve the documents on the other party involved in the dispute. This can be done personally or through a process server. It is important to ensure that the other party receives these documents to proceed with the case.

Attend Court Hearings

The Family Court will schedule a series of hearings to assess the case. Both parties will have the opportunity to present their evidence and arguments. The court may also appoint a lawyer for the child to represent the child’s interests independently.

The Family Court’s Decision

After considering all the evidence and submissions, the Family Court will make a decision based on the best interests of the child. The court can issue a parenting order outlining the care arrangements and responsibilities.

Relevant Legislation

The primary legislation governing parenting orders in New Zealand is the Care of Children Act 2004 Key sections include:

Section 4(1)”The welfare and best interests of the child must be the first and paramount consideration.”

Section 5 outlines several principles, such as:

“The child’s views should be taken into account, commensurate with their age and maturity,”and

  “The child’s safety must be protected, especially from all forms of violence.”

Section 46R(1)”A person who wishes to make an application to the court for a parenting order must, before making the application, endeavour to resolve the dispute by attending family dispute resolution.”

Section 47″A parent of the child or any other person who is a guardian of the child, or who is entitled to apply to be appointed a guardian of the child, may apply to the court for a parenting order.”

Key Principles of the Care of Children Act 2004

The Care of Children Act 2004 emphasizes several key principles, including:

– The child’s views must be taken into account, considering their age and maturity.

– The child’s safety is paramount, particularly protection from all forms of violence.

– The child’s relationship with both parents should be preserved, except where it is contrary to their welfare.

– The child’s identity, including their culture, language, and religion, should be respected.

Conclusion

Parenting orders are essential tools for ensuring the best interests of children are maintained during parental disputes. In New Zealand, the Care of Children Act 2004 provides a clear framework for who can apply for a parenting order and the steps involved in the application process. By following these guidelines and prioritizing the child’s welfare, parents and caregivers can navigate the legal system more effectively to secure the best outcomes for their children.

 

This content is not to be construed as legal advice there is not substitute for contacting a family lawyer.