Day to Day Care & Contact
In New Zealand, family law primarily revolves around the Care of Children Act 2004. This legislation aims to ensure that the welfare and best interests of children are paramount in any decisions regarding their care. Three key terms often arise in this context: day-to-day care, custody, and contact. Understanding the differences between these terms is crucial for parents navigating the legal landscape in New Zealand.
Day-to-Day Care
Day-to-day care refers to the responsibilities and tasks associated with the daily upbringing of a child. This includes making decisions about the child’s routine, such as meals, clothing, schooling, medical care, and extracurricular activities. The parent or guardian with day-to-day care is essentially the primary caregiver.
Under the Care of Children Act 2004, day-to-day care is not explicitly defined but is understood as part of the broader concept of parental responsibilities. The Act emphasizes the child’s best interests and welfare, which guides any arrangements for day-to-day care.
In practice, day-to-day care can be shared between parents or allocated to one parent, depending on what is considered best for the child. Shared care arrangements are increasingly common and can involve the child spending an equal or significant amount of time with each parent. However, in situations where shared care is not feasible, one parent may take on the primary caregiver role, with the other parent having regular contact.
Custody
The term custody is often used interchangeably with day-to-day care, but it has a broader historical context. In New Zealand, the legal terminology has evolved, and the Care of Children Act 2004 has moved away from using “custody” in favor of more specific terms like “day-to-day care” and “guardianship.”
Guardianship encompasses all the rights, duties, powers, responsibilities, and authority that a parent has concerning their child. This includes making significant decisions about the child’s welfare, such as education, religion, and major medical procedures. Both parents are typically joint guardians, regardless of who has day-to-day care, unless a court orders otherwise.
In summary, while “custody” might still be used colloquially to refer to who the child lives with primarily, the legal framework under the Care of Children Act focuses on the specific roles of day-to-day care and guardianship.
Child Contact
Contact refers to the time a child spends with the parent or guardian who does not have day-to-day care. The purpose of contact is to ensure that the child maintains a meaningful relationship with both parents, which is considered vital for their overall development and well-being.
Contact arrangements can vary widely and are tailored to suit the child’s needs and the circumstances of both parents. They can include regular visits, overnight stays, holidays, and special occasions. In some cases, contact may be supervised, particularly if there are concerns about the child’s safety and welfare during visits.
Parents are encouraged to reach agreements about day-to-day care and contact without resorting to court proceedings. Mediation services are available to help parents negotiate and agree on arrangements that work best for their family.
However, if parents cannot agree, 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, considering factors such as the child’s relationship with each parent, the ability of each parent to care for the child, and any risks to the child’s safety.
Naomi Cramer’s Legal Services
Navigating the complexities of day-to-day care, contact, and guardianship requires expert legal advice and representation. Naomi Cramer, a renowned family lawyer based in Auckland, offers comprehensive legal services to help parents understand and exercise their rights under the Care of Children Act 2004.
With years of experience in family law, Naomi Cramer and her team provide personalized advice tailored to each client’s unique circumstances. They assist in negotiating parenting agreements, applying for Parenting Orders, and ensuring that the child’s best interests are always prioritized.
Naomi Cramer’s services include:
Legal Advice: Detailed guidance on your rights and options regarding day-to-day care, contact, and guardianship.
Mediation: Facilitating negotiations between parents to reach amicable agreements without the need for court intervention.
Court Representation: Expert representation in the Family Court to advocate for your child’s best interests and achieve favorable outcomes.
Protection Orders: Assistance in obtaining Protection Orders to safeguard against domestic violence and ensure the safety of the child and the parent.
