Can You Get Full Custody of Your Child in New Zealand?
When parents separate or divorce in New Zealand, one of the most critical and emotionally charged issues they face is determining the custody arrangements for their children. Many parents may wonder if it is possible to obtain full custody of their child. The answer to this question depends on various factors and is ultimately decided by the Family Court based on the best interests of the child.
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In New Zealand, the term “custody” has been replaced by “day-to-day care” under the Care of Children Act 2004.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 child’s welfare and best interests are given paramount consideration in any decision-making process.
Day-to-day care refers to the responsibility for making everyday decisions about a child’s care, such as where they live, their daily routine, and their education. It is important to note that having day-to-day care does not necessarily mean that one parent has sole decision-making authority over all aspects of the child’s life.
Factors Considered by the Family Court
When determining the day-to-day care arrangements for a child, the Family Court considers a range of factors to ensure that the child’s best interests are met. These factors include:
- The child’s safety and well-being
- The child’s relationship with each parent
- The child’s cultural, linguistic, and religious background
- The child’s views and preferences, if they are old enough to express them
- Each parent’s ability to provide for the child’s needs
- The level of cooperation and communication between the parents
The Court will also consider any history of family violence or abuse, as well as any other relevant factors that may impact the child’s welfare.
Shared Care vs. Sole Care
In most cases, the Family Court encourages parents to agree on a shared care arrangement, where both parents have significant involvement in their child’s life. Shared care does not necessarily mean a 50/50 split of time; it can be any arrangement that allows both parents to maintain a meaningful relationship with their child.
However, in some situations, the Court may grant sole care to one parent if it is deemed to be in the child’s best interests. This may occur when:
- One parent is unable or unwilling to care for the child
- There is a history of family violence or abuse
- The parents live far apart, making shared care impractical
- The child has a strong preference to live with one parent
It is important to note that even if one parent has sole care, the other parent will usually still have contact with the child, unless there are serious safety concerns.
Applying for Day-to-Day Care
If parents cannot agree on the care arrangements for their child, they can apply to the Family Court for a Parenting Order. The Court will then make a decision based on the child’s best interests. As stated in the Care of Children Act 2004:
Before applying to the Court, parents are required to attend Family Dispute Resolution (FDR), a mediation process designed to help them reach an agreement without going to Court. If FDR is unsuccessful or not appropriate due to safety concerns, parents can then proceed with a Court application.
Can You Get Full Custody of Your Child?
In conclusion, while it is possible to obtain full custody (sole day-to-day care) of your child in New Zealand, it is not the default arrangement. The Family Court’s primary focus is on the child’s best interests, and in most cases, this means encouraging both parents to maintain a meaningful relationship with their child through a shared care arrangement.
If you are considering applying for day-to-day care of your child, it is crucial to seek the advice of an experienced family lawyer who can guide you through the process and help you understand your options. Naomi Cramer, a leading New Zealand family lawyer, has extensive experience in child custody cases and can provide you with the expert legal support you need during this challenging time. Contact Naomi Cramer today to discuss your situation and explore the best way forward for you and your child.
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.
