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 may wonder if it’s possible to obtain full custody of their child. In this article, we’ll explore the concept of full custody under New Zealand family law and the factors that the courts consider when making custody decisions.
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In New Zealand, the term “custody” has been replaced by the concept of “day-to-day care” under the Care of Children Act 2004.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 promotes the child’s best interests as the paramount consideration in any decision-making process.
The Care of Children Act 2004 states:
“The welfare and best interests of a child in his or her particular circumstances must be the first and paramount consideration in the administration and application of this Act, for example, in proceedings under this Act.”
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. This means that the child would live primarily with one parent, and that parent would 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 courts in New Zealand generally prefer arrangements that allow both parents to have a meaningful relationship with their child, as long as it is in the child’s best interests. The courts will only grant sole day-to-day care in exceptional circumstances, such as when there are concerns about the child’s safety or well-being.
Factors Considered by the Courts
When determining custody arrangements, the courts will consider a range of factors to ensure that the child’s best interests are met. These factors may 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 level of cooperation and communication between the parents
- Any history of family violence or abuse
The courts will also consider the principle that a child should have a continuing relationship with both parents, as long as it is safe and in the child’s best interests.
Seeking Legal Advice
If you are considering seeking full custody of your child in New Zealand, it is essential to seek legal advice from an experienced family lawyer. A skilled lawyer can help you understand your rights and obligations, as well as guide you through the legal process.
Naomi Cramer, a leading New Zealand family lawyer, has extensive experience in helping clients navigate complex custody issues. You can learn more about custody arrangements and the legal process by watching her informative YouTube videos on family law topics.
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 a simple process. The courts will always prioritize the child’s best interests and will consider a range of factors when making custody decisions. In most cases, the courts prefer arrangements that allow both parents to have a meaningful relationship with their child.
If you are considering seeking full custody of your child, it is crucial to consult with an experienced family lawyer who can provide you with the guidance and support you need. Naomi Cramer is a highly respected New Zealand family lawyer who can help you understand your options and work towards an arrangement that is in your child’s best interests.
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.
