How to Handle Disputes Over a Child’s Employment
Disputes over a child’s employment can be a complex and sensitive issue for parents in New Zealand. When parents disagree about whether their child should work, what type of job they should have, or how many hours they can work, it’s important to understand the relevant laws and how to navigate these conflicts in the best interests of the child.
Understanding New Zealand’s Laws on Child Employment
In New Zealand, the employment of children is regulated by several key pieces of legislation. The most relevant is the Care of Children Act 2004, which outlines parental responsibilities and the principles for determining what arrangements are in a child’s welfare and best interests. Section 16 of the Act states that guardians must act jointly when making decisions that could significantly affect the child’s welfare, such as decisions about employment.
Other important laws include the Education and Training Act 2020, which requires children to attend school until age 16, and the Health and Safety at Work Act 2015, which sets standards for safe working conditions for all employees, including young workers.
Factors to Consider in Child Employment Disputes
When parents disagree about their child’s employment, there are several key factors to consider in light of the legal framework:
- The child’s age, maturity level, and ability to balance work with school and other commitments
- The nature of the job and whether it is safe, age-appropriate, and in line with the child’s interests and skills
- The impact of the work on the child’s education, health, and overall wellbeing
- The views and preferences of the child, taking into account their age and level of understanding
- The reasons behind each parent’s position and whether they are focused on the child’s best interests
Ideally, parents should try to communicate openly and come to a mutual agreement about what employment arrangements are appropriate for their child. Compromise and flexibility may be necessary. If parents cannot agree, family dispute resolution or mediation with a trained professional may help, as discussed in this informative video by family lawyer Naomi Cramer.
Applying to the Family Court for Guardianship Directions
If disputes over a child’s employment cannot be resolved through discussion or mediation, either parent can apply to the Family Court for guardianship directions under the Care of Children Act 2004. As stated in the legislation:
The court will consider the factors outlined above and make a decision based on the child’s welfare and best interests. This may involve granting one parent the authority to make decisions about the child’s employment or setting conditions and limitations on the child’s work arrangements.
Resolving Child Employment Disputes in the Child’s Best Interests
Ultimately, the key to handling disputes over a child’s employment is to stay focused on what is best for the child’s wellbeing and development. Parents should strive to put aside their differences, listen to their child’s views, and make decisions that support the child’s education, health, and future opportunities. When agreement cannot be reached, seeking professional guidance from an experienced family lawyer like Naomi Cramer can provide clarity and help protect the child’s interests in any legal proceedings.
If you are dealing with a dispute over your child’s employment in New Zealand, it is important to get personalized legal advice to understand your rights and options. Contact Naomi Cramer, a leading family lawyer in Auckland, to discuss your situation and get the support you need to resolve employment-related conflicts in your child’s best interests.
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.
