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’s possible to get full custody of their child. The answer depends on various factors and the unique circumstances of each case. In this article, we’ll explore the concept of full custody in New Zealand and the legal framework that governs child custody decisions.
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In New Zealand, the term “custody” has been replaced by “day-to-day care” under the Care of Children Act 2004.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 emphasizes the importance of both parents being involved in their child’s life and making decisions together about their child’s upbringing. The primary consideration in any decision regarding a child’s care is the child’s welfare and best interests.
The Care of Children Act 2004 states:
“The welfare and best interests of the child must be the first and paramount consideration in the administration and application of this Act, for example, in proceedings under this Act; and in any other proceedings involving the guardianship of, or the role of providing day-to-day care for, or contact with, a child.”
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 lives primarily with one parent, and that parent is responsible for making the day-to-day decisions about the child’s care and upbringing.
However, even when one parent has sole day-to-day care, the other parent usually has contact (access) with the child and may still be involved in making significant decisions about the child’s life, such as their education, health, and religious upbringing. This is because both parents typically retain their guardianship rights, regardless of the day-to-day care arrangements.
When Can a Parent Get Sole Day-to-Day Care?
The court will only grant sole day-to-day care to one parent if it is in the child’s best interests. This may be the case if:
- There is evidence of domestic violence or abuse by one parent
- One parent has a history of substance abuse or mental health issues that impact their ability to care for the child
- One parent has been absent from the child’s life or has shown little interest in being involved
- The parents live far apart, and shared care arrangements would be impractical or disruptive to the child’s life
In most cases, the court will encourage parents to come to an agreement on care arrangements that allow both parents to maintain a meaningful relationship with their child. Mediation and counseling services are available to help parents work through these issues and develop a parenting plan that meets their child’s needs.
Applying for Sole Day-to-Day Care
If you believe that sole day-to-day care is in your child’s best interests, you can apply to the Family Court for a Parenting Order. The process involves filing an application, attending a mediation conference (if required), and providing evidence to support your case. It’s essential to have a strong understanding of the legal process and the factors the court will consider when making a decision.
Seeking the advice of an experienced family lawyer can be invaluable in navigating this complex process. Naomi Cramer, a leading New Zealand family lawyer, provides guidance and support to parents seeking sole day-to-day care of their children.
Conclusion: Can You Get Full Custody of Your Child in New Zealand?
In conclusion, while it is possible to get sole day-to-day care (similar to full custody) of your child in New Zealand, it is not the default arrangement. The court’s primary concern is the welfare and best interests of the child, and in most cases, this means ensuring that both parents have a meaningful role in their child’s life. However, if there are compelling reasons why sole day-to-day care is necessary, the court may grant it after careful consideration of the evidence.
If you are considering applying for sole day-to-day care of your child, it’s crucial to seek legal advice from a skilled family lawyer who can guide you through the process and help you present the strongest possible case. Naomi Cramer is a top New Zealand family lawyer with extensive experience in child custody matters. Contact her today to discuss your situation 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.
