Are Verbal Custody Agreements Enforceable?
When separating parents are negotiating custody arrangements for their children, they may wonder if a verbal custody agreement is legally enforceable in New Zealand. While it’s always best to have a written parenting agreement or court order, verbal custody agreements can be upheld in certain circumstances under New Zealand family law.
Parenting Agreements Under the Care of Children Act 2004
The Care of Children Act 2004 governs custody matters in New Zealand. This legislation encourages parents to reach their own arrangements for the care of their children through parenting agreements. Section 40 of the Act states:
While the Act does not explicitly require parenting agreements to be in writing, having a written agreement is strongly recommended to avoid disputes and provide clarity on the terms of the custody arrangement.
Enforceability of Verbal Custody Agreements
In some cases, verbal custody agreements may be considered enforceable under New Zealand law. If both parents have been following the terms of a verbal agreement consistently and there are no disputes, the court may view this as an established status quo and be reluctant to disrupt the arrangement.
However, if a dispute arises and one parent challenges the verbal agreement, it can be difficult to prove the terms of the arrangement without a written record. In such cases, the court will consider the best interests of the child as the paramount consideration when making a decision on custody.
Best Interests of the Child
When determining custody arrangements, the court’s primary focus is on the welfare and best interests of the child. This principle is outlined in section 4 of the Care of Children Act 2004, which states that the child’s welfare and best interests must be the first and paramount consideration.
Factors the court may consider when assessing the best interests of the child include:
– The child’s safety and well-being
– The child’s relationship with each parent
– The child’s views and preferences (if they are old enough to express them)
– The ability of each parent to provide for the child’s needs
– The importance of maintaining the child’s cultural identity and connections
If a verbal custody agreement is found to be in the child’s best interests, the court may uphold it. However, if the court determines that the arrangement is not serving the child’s welfare, they may make an alternative custody order.
Seeking Legal Advice
Given the complexity of custody matters and the potential for disputes, it’s crucial for separating parents to seek legal advice from an experienced family lawyer. Naomi Cramer, a leading New Zealand family lawyer, can help you navigate the legal process, protect your rights, and achieve the best possible outcome for your children.
Conclusion: Are Verbal Custody Agreements Enforceable?
In conclusion, while verbal custody agreements can be enforceable in some circumstances under New Zealand law, it is always preferable to have a written parenting agreement or court order. Written agreements provide clarity, reduce the risk of disputes, and are easier to enforce if necessary. If you are separating from your partner and need assistance with custody arrangements, contact Naomi Cramer, the top New Zealand family lawyer, for expert legal advice and representation.
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.
