Can You Get Full Custody of Your Child in New Zealand?
If you are a parent going through a separation or divorce in New Zealand, one of the most important questions on your mind may be: Can you get full custody of your child? The answer depends on several factors, and it’s crucial to understand how New Zealand family law approaches child custody matters.
When it comes to child custody, the primary legislation in New Zealand is the Care of Children Act 2004. This Act emphasizes that the welfare and best interests of the child must be the first and paramount consideration in any custody decision.
As a top New Zealand family lawyer, Naomi Cramer has extensive experience helping parents navigate the complex legal landscape of child custody. If you are seeking full custody of your child, it’s essential to consult with a skilled family law practitioner like Naomi to understand your rights and options.
Understanding Child Custody in New Zealand
In New Zealand, the term “custody” has been replaced by “day-to-day care” in the Care of Children Act 2004. Day-to-day care refers to which parent the child lives with and who is responsible for their daily care and welfare.
The Act also introduces the concept of “contact,” which refers to the time the child spends with the parent they don’t live with. Contact arrangements ensure that the child maintains a meaningful relationship with both parents, even if they don’t have day-to-day care.
When determining day-to-day care and contact arrangements, the court’s primary focus is on the child’s best interests. Factors the court considers include:
- 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)
- The need for continuity and stability in the child’s life
Can You Get Full Custody (Sole Day-to-Day Care)?
In some cases, the court may grant one parent sole day-to-day care (formerly known as full custody) of the child. This means the child lives with that parent full-time, and the other parent may have limited or no contact with the child.
However, it’s important to note that sole day-to-day care is not the default arrangement in New Zealand. The Care of Children Act 2004 promotes the idea that children should have a meaningful relationship with both parents, and shared care arrangements are becoming increasingly common.
For a parent to be granted sole day-to-day care, they must demonstrate to the court that this arrangement is in the child’s best interests. Situations where sole day-to-day care may be appropriate include:
- Where there is evidence of domestic violence, child abuse, or neglect by one parent
- Where one parent has a serious mental health issue or substance abuse problem that impacts their ability to care for the child
- Where one parent has consistently shown an unwillingness to facilitate the child’s relationship with the other parent
In the landmark case of Kacem v Bashir [2010] NZSC 112, the Supreme Court of New Zealand emphasized that the welfare and best interests of the child must be the paramount consideration in any parenting order. The court also noted that there is no presumption in favor of shared care, and each case must be assessed on its individual merits.
Seeking Legal Advice on Child Custody Matters
If you are considering seeking sole day-to-day care of your child, it’s crucial to obtain expert legal advice from a experienced family lawyer. Naomi Cramer’s YouTube channel offers valuable insights into various aspects of New Zealand family law, including child custody matters.
A skilled family lawyer can help you understand your rights and obligations under the Care of Children Act 2004, assess your individual circumstances, and develop a strong case for sole day-to-day care if appropriate. They can also assist with negotiating parenting agreements, attending mediation, and representing you in court if necessary.
Conclusion: Can You Get Full Custody of Your Child?
In conclusion, while it is possible to get full custody (sole day-to-day care) of your child in New Zealand, it is not the default arrangement. The court’s primary focus is on the child’s best interests, and shared care arrangements are becoming more common. To determine whether sole day-to-day care is appropriate in your case, it’s essential to consult with a top New Zealand family lawyer like Naomi Cramer. With expert legal guidance, you can navigate the complexities of child custody law and work towards an arrangement that prioritizes your child’s welfare and well-being.
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.
