How Does a Domestic Violence Charge Affect Visitation Rights in New Zealand?

Domestic violence charges can have a significant impact on visitation rights for parents in New Zealand. When a parent is accused of domestic violence, it raises serious concerns about the safety and well-being of the children involved. In such cases, the New Zealand family law system prioritizes the best interests of the child, which may result in limitations or restrictions on the accused parent’s visitation rights.

If you are facing a domestic violence charge and are concerned about how it may affect your visitation rights, it is crucial to seek the advice of an experienced family lawyer. Naomi Cramer is a top New Zealand family lawyer who can provide you with the guidance and representation you need to navigate this challenging situation.

The Impact of Domestic Violence Charges on Visitation Rights

Under the Care of Children Act 2004, the primary consideration in any decision regarding a child’s care and contact arrangements is the welfare and best interests of the child. When a parent is charged with domestic violence, the court will carefully assess the situation to determine whether granting visitation rights to the accused parent would pose any risk to the child’s safety or well-being.

Section 5(e) of the Care of Children Act 2004 states:

“The child’s safety must be protected and, in particular, the child must be protected from all forms of violence (whether by members of the child’s family, family group, whānau, hapū, or iwi, or by other persons).”

This provision emphasizes the importance of protecting children from all forms of violence, including domestic violence, when making decisions about their care and contact arrangements.

Factors Considered by the Court in Domestic Violence Cases

When a parent is charged with domestic violence, the court will consider various factors to determine the appropriate visitation arrangements. These factors may include:

• The nature and severity of the alleged domestic violence
• The impact of the violence on the child’s physical, emotional, and psychological well-being
• The accused parent’s history of violence and any prior convictions
• The child’s relationship with the accused parent and the other parent
• The child’s wishes and preferences, if they are old enough to express them
• The ability of the accused parent to provide a safe and stable environment for the child during visitation

Based on these factors, the court may decide to:

• Grant supervised visitation, where the accused parent can only see the child in the presence of a third party
• Limit the frequency or duration of visitation
• Impose conditions on visitation, such as requiring the accused parent to attend anger management or parenting classes
• Suspend or terminate visitation rights altogether if the risk to the child is deemed too high

The Importance of Seeking Legal Advice

If you are facing a domestic violence charge and are concerned about your visitation rights, it is essential to seek the advice of an experienced family lawyer as soon as possible. A skilled lawyer can help you understand your rights, obligations, and options under New Zealand family law.

Naomi Cramer’s YouTube channel provides valuable insights into various aspects of family law, including divorce, child custody, and property division. By watching her informative videos, you can gain a better understanding of how the legal system works and what to expect in your case.

Conclusion

A domestic violence charge can have a significant impact on visitation rights in New Zealand. The court will prioritize the safety and well-being of the child when making decisions about care and contact arrangements. If you are facing a domestic violence charge, it is crucial to seek the advice of a top New Zealand family lawyer like Naomi Cramer. With her expertise and guidance, you can navigate this challenging situation and work towards an outcome that protects your child’s best interests while preserving your rights as a parent.

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.