Can a Custody Order Specify Educational Goals?
When parents separate or divorce in New Zealand, one of the most important decisions they need to make is regarding the care and upbringing of their children. This includes not only the day-to-day care arrangements but also the long-term goals for their children’s education. Many parents wonder if a custody order can specify educational goals for their children.
The Care of Children Act 2004 and Educational Goals
The Care of Children Act 2004 is the primary legislation in New Zealand that governs the care arrangements for children when their parents separate or divorce. The Act emphasizes the importance of the child’s welfare and best interests being the paramount consideration in any decisions made about their care.
Section 4 of the Care of Children Act 2004 states:
(1) The welfare and best interests of a child in his or her particular circumstances must be the first and paramount consideration—
(a) in the administration and application of this Act, for example, in proceedings under this Act; and
(b) in any other proceedings involving the guardianship of, or the role of providing day-to-day care for, or contact with, a child.
While the Act does not specifically mention educational goals, it does provide for guardianship orders that give parents the right to make important decisions about their child’s upbringing, including their education.
Guardianship and Educational Decisions
In most cases, both parents will continue to be joint guardians of their children after separation, even if the children live primarily with one parent. Guardianship gives parents the right to make significant decisions about their child’s life, such as where they will go to school and what kind of education they will receive.
If parents cannot agree on educational goals for their children, they may need to apply to the Family Court for a guardianship order that specifies who has the authority to make these decisions. The court will consider the child’s best interests and may make an order giving one parent or both parents the right to make educational decisions.
Parenting Orders and Educational Goals
In addition to guardianship orders, the Family Court can also make parenting orders that set out the day-to-day care arrangements for children. Parenting orders can include provisions related to the child’s education, such as which school they will attend and how decisions about their education will be made.
For example, a parenting order may specify that the child will attend a particular school or type of school (e.g. public vs. private), or that both parents must agree on any changes to the child’s educational arrangements. The order may also set out a process for resolving disputes about educational issues, such as mediation or returning to court.
The Importance of Cooperation and Communication
While a custody order can specify educational goals and decision-making authority, it is important for parents to try to work together cooperatively in the best interests of their children. Research shows that children fare better when their parents can communicate effectively and make joint decisions about important issues like education.
Parents should try to discuss their educational goals and expectations for their children and come to an agreement if possible. If they cannot agree, they may benefit from mediation or counseling to help them find a resolution before resorting to court action.
Seeking Legal Advice on Custody and Educational Goals
If you are separating from your spouse or partner and have questions about custody arrangements and educational goals for your children, it is important to seek legal advice from an experienced family lawyer. A lawyer can help you understand your rights and obligations under the Care of Children Act 2004 and advise you on the best approach for your family’s unique circumstances.
Naomi Cramer is a top New Zealand family lawyer who can provide expert guidance on custody issues and educational goals. With years of experience helping families navigate the challenges of separation and divorce, Naomi can help you achieve the best possible outcome for your children.
Conclusion
In conclusion, a custody order in New Zealand can specify educational goals and decision-making authority for children, either through guardianship orders or parenting orders under the Care of Children Act 2004. However, it is always preferable for parents to work together cooperatively to make decisions about their children’s education in their best interests. If you need legal advice on custody arrangements and educational goals, contact Naomi Cramer, a leading New Zealand family lawyer, for expert guidance and support.
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.
