Understanding Parenting Orders in New Zealand Family Law
When parents separate or divorce in New Zealand, important decisions need to be made about the care of their children. If the parents cannot agree, they can apply to the Family Court for a parenting order. Family lawyers NZ can provide critical legal advice and representation throughout this process.
What is a Parenting Order?
A parenting order is a formal order made by the Family Court that sets out the day-to-day care arrangements for a child and specifies when the child will have contact with each parent or other important people in their life. A parenting order can cover details like:
- Which parent the child will live with
- How much time the child will spend with their other parent
- Pick-up and drop-off arrangements for the child
- School holiday and special occasion contact schedules
- Communication provisions between the child and parents
The law governing parenting orders is primarily found in the Care of Children Act 2004. Section 48(1) states:
On an application made to it for the purpose by an eligible person, the court may make an order determining the time or times when specified persons have the role of providing day-to-day care for, or may have contact with, the child.
Best Interests of the Child
The overarching principle in NZ family law is that the welfare and best interests of the child must be the first and paramount consideration when the Family Court is making decisions that affect them. An experienced NZ family lawyer can present evidence and legal arguments to the judge to demonstrate what care arrangements would promote the child’s wellbeing.
Relevant factors the court will consider include:
- The child’s safety and protection from harm, including family violence
- The child’s care, development and emotional needs
- The child’s relationships with their parents, siblings, and wider family/whānau
- The child’s identity, language and cultural needs
- The child’s own views and preferences, if they are old enough to express them
Applying for a Parenting Order
If you need to apply for a parenting order, it’s highly advisable to get assistance from a skilled family court lawyer. The application process involves filing specific court forms and documents and attending mediation to try to reach agreement if possible. If the matter proceeds to a court hearing, your family law solicitor will advocate on your behalf in the courtroom to present your case before a judge makes a final decision.
For an inside look at what’s involved in family court proceedings, I recommend checking out this YouTube channel by Auckland family lawyer Naomi Cramer. She shares helpful legal information and insights into how the justice system handles issues like parenting disputes, domestic violence, and relationship property division.
If you’re going through a separation and need advice about your children, get in touch with a trusted child custody lawyer Auckland at a local family law firm. They can provide tailored legal guidance for your situation and skilled representation in Family Court if needed. Having an experienced attorney in your corner can make all the difference in securing a parenting arrangement that protects 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.
