Can You Get Full Custody of Your Child in New Zealand?
When parents separate or divorce in New Zealand, one of the most crucial and emotionally charged issues they face is determining the custody arrangements for their children. Many parents wonder if it is possible to obtain full custody of their child. The answer to this question depends on various factors and the specific circumstances of each case.
If you are considering seeking full custody of your child in New Zealand, it is essential to understand the legal framework and the factors that the courts consider when making custody decisions. Consulting with an experienced family lawyer, such as Naomi Cramer, can provide you with the guidance and support you need during this challenging time.
Understanding Custody in New Zealand
In New Zealand, the term “custody” has been replaced by “day-to-day care” under the Care of Children Act 2004. This Act governs the care arrangements for children when their parents separate or divorce. The primary focus of the Act is to ensure that the best interests of the child are met.
Under the Care of Children Act 2004, there are two main types of care arrangements:
- Shared care: Both parents have equal or near-equal time with the child.
- Primary care: One parent has the child in their care for most of the time, while the other parent has contact or visitation rights.
Factors Considered by the Courts
When determining the care arrangements for a child, the courts in New Zealand consider several factors to ensure that the best interests of the child are met. These factors include:
- The child’s safety and well-being
- The child’s relationship with each parent
- The child’s needs, including their age and developmental stage
- The ability of each parent to provide for the child’s needs
- The child’s views and preferences, if they are old enough to express them
- The level of cooperation and communication between the parents
- Any history of family violence or abuse
The courts generally prefer arrangements that allow the child to maintain a meaningful relationship with both parents, as long as it is safe and in the child’s best interests. In cases where there are concerns about a parent’s ability to care for the child or where there is a history of family violence, the courts may grant primary care to one parent.
Applying for Full Custody
If you believe that it is in your child’s best interests for you to have full custody, you can apply to the Family Court for a parenting order. A parenting order is a legal document that outlines the care arrangements for your child.
To apply for a parenting order, you will need to complete the necessary application forms and provide evidence to support your case. This may include affidavits from yourself and other witnesses, reports from professionals such as psychologists or social workers, and any other relevant documentation.
It is important to note that the courts will only grant full custody to one parent in exceptional circumstances, such as when there are serious concerns about the other parent’s ability to care for the child or when there is a history of abuse or neglect.
The Importance of Legal Advice
Navigating the legal system and applying for full custody can be a complex and emotionally challenging process. It is crucial to seek the advice and support of an experienced family lawyer who can guide you through the process and help you understand your rights and options.
Naomi Cramer, a leading family lawyer in New Zealand, has extensive experience in helping clients with custody matters. Her YouTube channel provides valuable insights and advice on various family law topics, including custody arrangements.
Can You Get Full Custody of Your Child in New Zealand?
In conclusion, while it is possible to get full custody of your child in New Zealand, it is not a common outcome. The courts generally prefer arrangements that allow both parents to maintain a meaningful relationship with their child, as long as it is safe and in the child’s best interests.
If you are considering seeking full custody of your child, it is essential to consult with an experienced family lawyer who can assess your case and provide you with the guidance and support you need. Naomi Cramer, a top New Zealand family lawyer, can help you navigate this challenging process and work towards an outcome that is in your child’s best interests. Contact Naomi Cramer today to discuss your case and explore your options.
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.
