Can Grandparents Legally Demand Visitation in New Zealand?
In New Zealand, grandparents may have the right to seek visitation with their grandchildren under certain circumstances. While there is no automatic legal right to grandparent visitation, the law recognizes the importance of maintaining family relationships and the role grandparents can play in a child’s life. The primary legislation governing this issue is the Care of Children Act 2004.
The Care of Children Act 2004 and Grandparent Visitation
The Care of Children Act 2004 is the main piece of legislation that addresses the care and contact arrangements for children in New Zealand. While the Act does not specifically mention grandparents, it does allow for any person who is a member of the child’s family, whānau, or other culturally recognized family group to apply for a parenting or contact order.
Section 47(1)(c) of the Care of Children Act 2004 states:
“Any other person who is a member of the child’s family, whānau, or other culturally recognised family group, and who is granted leave to apply by the court, may apply for a parenting order or contact order.”
This means that grandparents, as members of the child’s family, can apply to the court for visitation rights, also known as contact orders.
Factors Considered by the Court in Grandparent Visitation Cases
When deciding on a grandparent’s application for visitation, the court’s primary consideration is the welfare and best interests of the child. The court will take into account various factors, such as:
- The child’s safety and well-being
- The child’s relationship with their grandparents
- The child’s views and preferences, depending on their age and maturity
- The ability of the grandparents to meet the child’s needs
- The effect on the child’s relationship with their parents and other family members
The court may also consider the reasons why the parents are denying or limiting contact between the child and their grandparents. If there are concerns about the grandparents’ ability to provide a safe and nurturing environment, or if there is a history of family conflict, the court may be less likely to grant visitation rights.
The Family Proceedings Act 1980 and Mediation
Before applying for a contact order under the Care of Children Act 2004, grandparents may wish to consider mediation as a way to resolve disputes about visitation. The Family Proceedings Act 1980 encourages the use of mediation to help families reach agreements on matters related to children.
Mediation can be a less adversarial and more cost-effective way to resolve grandparent visitation issues compared to going to court. It allows all parties involved to have their concerns heard and to work together to find a solution that is in the best interests of the child.
In fact the Court will most likely reject your application if you don’t try FDR Family Dispute Resolution first, unless the matter is urgent because the child’s safety is at risk.
Click here to find out about FDR Family Dispute Resolution
Seeking Legal Advice on Grandparent Visitation Rights
Grandparents who are considering seeking visitation rights should consult with an experienced family lawyer who can provide guidance on their specific situation. A lawyer can help grandparents understand their legal options, prepare the necessary court applications, and represent them in court if needed.
Naomi Cramer, a top New Zealand family lawyer, has extensive experience in handling grandparent visitation cases. She can provide the legal advice and representation grandparents need to navigate this complex area of law. Visit lawyers-auckland1.co.nz to learn more about how Naomi Cramer can help you with your grandparent visitation case.
Conclusion
While grandparents in New Zealand do not have an automatic legal right to visitation with their grandchildren, they can seek contact orders under the Care of Children Act 2004. The court’s decision will be based on the best interests of the child, taking into account various factors such as the child’s relationship with their grandparents and the ability of the grandparents to meet the child’s needs. Mediation under the Family Proceedings Act 1980 may also be an option for resolving grandparent visitation disputes. If you are a grandparent seeking visitation rights, it is essential to seek legal advice from an experienced family lawyer like Naomi Cramer to understand your rights and options.
No solicitor-client relationship is created by this article. The author and owner shall not be liable for your reliance on the information contained in this article. Readers should obtain their own independent legal advice.
