Can You Get Full Custody of Your Child in New Zealand?
When parents separate or divorce in New Zealand, the question of who will have custody of the children is often a primary concern. Many parents wonder if it is possible to get full custody of their child. The answer depends on various factors and the specific circumstances of each case. In this article, we will explore the concept of full custody under New Zealand family law and discuss the legal considerations involved.
Understanding Custody in New Zealand
In New Zealand, the term “custody” has been replaced by the concept of “day-to-day care” under the Care of Children Act 2004. This Act emphasizes the importance of both parents being involved in their child’s life and making decisions together regarding their upbringing. The primary focus is on the child’s best interests and ensuring that they have a meaningful relationship with both parents.
The Care of Children Act 2004 states:
“The purpose of this Act is to—
(a) promote children’s welfare and best interests, and facilitate their development, by helping to ensure that appropriate arrangements are in place for their guardianship and care; and
(b) recognise certain rights of children.”
Sole Day-to-Day Care (Full Custody)
In some cases, one parent may seek sole day-to-day care of their child, which is similar to the concept of full custody. Sole day-to-day care means that the child will live primarily with one parent, and that parent will have the primary responsibility for making decisions about the child’s daily life.
However, obtaining sole day-to-day care is not a straightforward process. The court will consider various factors when determining the child’s living arrangements, including:
- The child’s safety and well-being
- The child’s relationship with each parent
- Each parent’s ability to provide for the child’s needs
- The child’s views and preferences (if they are old enough to express them)
- Any history of family violence or abuse
Shared Day-to-Day Care
In many cases, the court may determine that shared day-to-day care is in the child’s best interests. This arrangement involves the child spending significant time with both parents, often splitting their time equally between households. Shared care allows the child to maintain a strong relationship with both parents and ensures that both parents are actively involved in the child’s upbringing.
When considering shared day-to-day care, the court will assess factors such as:
- The parents’ ability to communicate and cooperate with each other
- The proximity of the parents’ homes and the child’s school
- The child’s individual needs and preferences
- The parents’ work schedules and availability
Parenting Orders and Parenting Plans
If parents cannot agree on the day-to-day care arrangements for their child, they may need to apply to the Family Court for a parenting order. A parenting order is a legally binding document that outlines the child’s living arrangements and the responsibilities of each parent.
Alternatively, parents can create a parenting plan, which is a written agreement that sets out the details of the child’s care and contact arrangements. A parenting plan is not legally enforceable but can be a helpful tool for parents who are able to communicate and cooperate with each other.
Seeking Legal Advice
Navigating the complexities of child custody and day-to-day care arrangements can be challenging, especially during a separation or divorce. It is essential to seek legal advice from an experienced family lawyer who can guide you through the process and help you understand your rights and obligations.
Naomi Cramer, a leading family lawyer in New Zealand, provides expert advice and representation in child custody matters. With her extensive knowledge of New Zealand family law, Naomi can help you explore your options and work towards an arrangement that prioritizes your child’s best interests.
Conclusion: Can You Get Full Custody of Your Child in New Zealand?
In conclusion, obtaining full custody (sole day-to-day care) of your child in New Zealand is possible, but it is not guaranteed. The court’s primary focus is on the child’s best interests, and they will consider various factors when determining the day-to-day care arrangements. In many cases, shared care arrangements are preferred, as they allow the child to maintain a meaningful relationship with both parents.
If you are seeking full custody of your child or need assistance with any aspect of child custody and day-to-day care, it is crucial to consult with an experienced family lawyer. Naomi Cramer and her team at Cramer Law can provide you with the legal guidance and support you need during this challenging time. Contact Naomi Cramer today to discuss your situation and explore your options for obtaining full custody of your child in New Zealand.
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.
