Understanding Parenting Orders in New Zealand Family Law
When parents separate or divorce, one of the most crucial aspects they need to address is the care and guardianship of their children. In New Zealand, the Family Court can issue parenting orders to ensure that the best interests of the children are protected. Family lawyers NZ play a vital role in assisting parents in navigating the complex legal system and reaching agreements that prioritize their children’s welfare.
What are Parenting Orders?
Parenting orders are legal orders made by the Family Court that outline the day-to-day care arrangements for children and determine which parent has the authority to make significant decisions about their upbringing. These orders can cover various aspects, such as where the children will live, how much time they will spend with each parent, and who will be responsible for making decisions about their education, health, and religious upbringing.
According to the Care of Children Act 2004, the Family Court must consider the welfare and best interests of the child as the paramount consideration when making parenting orders. Section 4 of the Act states:
“The welfare and best interests of a child in his or her particular circumstances must be the first and paramount consideration—
(a) in the administration and application of this Act, for example, in proceedings under this Act; and
(b) in any other proceedings involving the guardianship of, or the role of providing day-to-day care for, or contact with, a child.”
The Role of Family Lawyers in Parenting Orders
NZ family lawyers are essential in assisting parents in reaching agreements on parenting orders. They provide legal advice, negotiate on behalf of their clients, and represent them in court proceedings if necessary. A skilled family law solicitor can help parents understand their rights and obligations, and work towards a resolution that is in the best interests of their children.
When parents cannot agree on parenting arrangements, a family court lawyer can represent their client in court proceedings. The judge will consider the evidence presented by both parties and make a decision based on the welfare and best interests of the children involved. In some cases, the court may appoint a lawyer to represent the children’s interests independently.
Modifying Parenting Orders
Parenting orders are not set in stone and can be modified if circumstances change. If one parent wishes to change the existing parenting order, they can apply to the Family Court for a variation. The court will consider the reasons for the proposed change and whether it is in the best interests of the children.
Family lawyers can assist parents in applying for variations to parenting orders and represent them in court if necessary. They can also help parents reach agreements on modifying parenting orders through mediation or negotiation, avoiding the need for costly and time-consuming court proceedings.
Conclusion
Parenting orders are a crucial aspect of family law in New Zealand, ensuring that children’s best interests are protected when their parents separate or divorce. Naomi Cramer, a family law barrister and solicitor, provides informative videos on her YouTube channel covering various aspects of family law, including parenting orders, guardianship, and domestic violence. Family lawyers play a vital role in assisting parents in reaching agreements on parenting arrangements and representing them in court proceedings when necessary. By prioritizing the welfare and best interests of children, the Family Court and legal professionals work together to ensure that children’s needs are met during challenging times.
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.
