How do I get a restraining order for my child in New Zealand?
If you are concerned about the safety and wellbeing of your child, you may be considering getting a restraining order. In New Zealand, a restraining order for a child is known as a parenting order under the Care of Children Act 2004. This article will provide an overview of how to obtain a restraining order for your child in New Zealand.
Understanding Parenting Orders in New Zealand
A parenting order is a legal order made by the Family Court that sets out the arrangements for the care of a child. It can include provisions such as who the child will live with, who can have contact with the child, and any specific conditions or restrictions on that contact. Parenting orders can be used to protect a child from violence, abuse, or other harmful behavior by a parent or caregiver.
The Care of Children Act 2004 is the primary legislation governing parenting orders in New Zealand. Section 48 of the Act states:
Grounds for Obtaining a Restraining Order for a Child
To obtain a restraining order for your child, you must demonstrate to the Family Court that the order is necessary to protect the child’s safety and wellbeing. Some common grounds for seeking a restraining order include:
- Physical, sexual, or emotional abuse of the child
- Exposure to family violence or other harmful behavior
- Neglect or failure to provide proper care
- Abduction or risk of abduction
- Substance abuse or mental health issues that impact parenting ability
It is important to gather evidence to support your application, such as police reports, medical records, witness statements, or other relevant documentation.
The Process of Applying for a Restraining Order
To apply for a restraining order for your child, you will need to file an application with the Family Court. The process typically involves the following steps:
- Complete the necessary application forms, including an affidavit setting out the reasons for seeking the order.
- File the application with the Family Court and pay the required fee.
- Serve the application on the other parent or caregiver.
- Attend a court hearing, where both parties can present their case.
- The judge will make a decision based on the evidence and the best interests of the child.
It is highly recommended to seek legal advice and representation when applying for a restraining order. Naomi Cramer is an experienced New Zealand family lawyer who can guide you through the process and advocate for your child’s safety and wellbeing.
Temporary and Final Restraining Orders
In urgent situations, the Family Court can grant a temporary restraining order without notice to the other party. This is known as an ex parte or without notice application. A temporary order provides immediate protection for the child until a full hearing can be held.
At the full hearing, both parties have the opportunity to present their case, and the judge will decide whether to make the restraining order final. A final order can be in place until the child turns 18 or until it is varied or discharged by the court.
Enforcing a Restraining Order
Once a restraining order is in place, it is a criminal offense for the restrained person to breach the conditions of the order. If a breach occurs, you should report it to the police immediately. The restrained person may face arrest, prosecution, and penalties such as fines or imprisonment.
It is also possible to apply to the Family Court for further orders if the restrained person is not complying with the order or if you have ongoing safety concerns for your child.
Conclusion
Getting a restraining order for your child in New Zealand involves applying for a parenting order under the Care of Children Act 2004. You must demonstrate to the Family Court that the order is necessary to protect your child’s safety and wellbeing. The process can be complex and emotionally challenging, so it is crucial to have the support and guidance of an experienced family lawyer like Naomi Cramer. If you are concerned about your child’s safety, don’t hesitate to seek legal advice and take steps to obtain a restraining order.
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.
