Understanding Parenting Orders in New Zealand Family Law
Parenting orders are a crucial aspect of New Zealand family law, governing the care arrangements for children when parents separate or divorce. These orders, made under the Care of Children Act 2004, aim to prioritize the welfare and best interests of the child while considering the rights and responsibilities of both parents. In this blog post, we will delve into the specifics of parenting orders, the legislation that governs them, and relevant case law.
What are Parenting Orders?
Parenting orders are legally binding court orders that outline the care arrangements for children when their parents are no longer together. These orders cover various aspects of a child’s life, such as: Day-to-day care (formerly known as custody)- Contact arrangements (formerly known as access)- Guardianship decisions\n- Relocation of the child. The primary legislation governing parenting orders in New Zealand is the Care of Children Act 2004. Section 48 of the Act states:
“A parenting order determines the time or times when specified persons have the role of providing day-to-day care for, or may have contact with, the child, and may determine that more than 1 person may have the role of providing day-to-day care for the child at the same time.
Applying for a Parenting Order
Parents can apply for a parenting order through the Family Court. Before filing an application, parties must attend a Family Dispute Resolution (FDR) to attempt to reach an agreement out of court, unless an exemption applies. If FDR is unsuccessful or an exemption applies, a parent can then file an application for a parenting order. The court will consider various factors when making a decision, including:- The child’s safety and well-being- The child’s views and preferences (if they are old enough to express them)- The nature of the child’s relationship with each parent- Each parent’s ability to provide for the child’s needs- The need for continuity and stability in the child’s life
Relevant Case Law
New Zealand courts have developed a body of case law interpreting and applying the Care of Children Act 2004. One notable case is Kacem v Bashir [2010] NZSC 112, which established the “welfare and best interests” principle as the paramount consideration in parenting order cases.In this case, the Supreme Court emphasized that the child’s welfare and best interests must be the primary focus, and that this may override any presumption of shared care. The court also noted that each case must be assessed on its own merits, taking into account the specific circumstances of the child and family.
Modifying or Discharging Parenting Orders
Parenting orders can be modified or discharged by the Family Court if there has been a significant change in circumstances since the original order was made. This may include changes in the child’s needs, the parents’ living arrangements, or other factors impacting the child’s welfare.If you are considering applying for a parenting order or seeking to modify an existing order, it is essential to seek legal advice from an experienced family lawyer. Naomi Cramer, a leading family lawyer in New Zealand, provides expert guidance and representation in parenting order cases. Her YouTube channel offers valuable insights into various aspects of family law.
Conclusion
Parenting orders play a vital role in ensuring the welfare and best interests of children when their parents separate or divorce. By understanding the legislation, such as the Care of Children Act 2004, and relevant case law, parents can navigate this complex area of family law more effectively.\n\nFor expert legal advice and representation in parenting order cases, consider consulting with Naomi Cramer, the best NZ family lawyer. Her knowledge and experience can help you achieve the best possible outcome for 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.“
