Understanding Parenting Orders in New Zealand Family Law

When parents separate or divorce in New Zealand, one of the most crucial aspects they need to address is the care and welfare of their children. Parenting orders are legal orders made by the Family Court that outline the day-to-day care arrangements for children and the responsibilities of each parent. In this post, we’ll delve into the details of parenting orders and how they work within the New Zealand family law system.

What Are Parenting Orders?

Parenting orders are legally binding decisions made by the Family Court that determine the care arrangements for children when their parents separate or divorce. These orders can cover various aspects of a child’s life, including:

• Who the child will live with (day-to-day care)
• How much time the child will spend with each parent (contact)
• How the parents will share decision-making responsibilities (guardianship)
• Any other specific issues related to the child’s care and upbringing

The primary focus of parenting orders is to ensure that the best interests of the child are met. The Family Court considers factors such as the child’s safety, their relationship with each parent, and their need for a stable and loving environment when making these decisions.

Applying for Parenting Orders

If parents can’t agree on the care arrangements for their children, either parent can apply to the Family Court for a parenting order. The application process involves filling out the necessary forms and providing evidence to support your case. It’s highly recommended to seek the assistance of a family law solicitor or a family court lawyer to guide you through this process and ensure your rights and interests are protected.

Before applying for a parenting order, parents are required to attend a Parenting Through Separation (PTS) course. This free course aims to help parents understand the effects of separation on children and learn how to communicate effectively with each other and their children during this challenging time.

The Family Court Process

Once an application for a parenting order is filed, the Family Court will usually arrange a mediation conference. This is an opportunity for parents to discuss their issues with the help of a trained mediator and try to reach an agreement. If an agreement is reached, the mediator will draft a consent order, which will be signed by both parents and approved by a family court judge.

If mediation is unsuccessful, the case will proceed to a court hearing. During the hearing, both parents will have the opportunity to present their case and provide evidence to support their position. The judge will consider all the evidence and make a decision based on the best interests of the child.

It’s essential to note that the Family Court process can be complex and emotionally challenging. Having an experienced family lawyer NZ by your side can make a significant difference in the outcome of your case. They can provide you with expert legal advice, represent you in court, and help you navigate the intricacies of the family justice system.

Enforcing Parenting Orders

Once a parenting order is in place, both parents are legally required to follow its terms. If one parent breaches the order, the other parent can apply to the Family Court to enforce it. The court has the power to impose penalties on the breaching parent, such as fines or even imprisonment in severe cases.

If a parent believes that the parenting order is no longer working in the child’s best interests, they can apply to the court to vary or discharge the order. However, they will need to provide evidence to show that there has been a significant change in circumstances since the original order was made.

Domestic Violence and Parenting Orders

Domestic violence is a serious issue that can have a significant impact on parenting arrangements. If there are concerns about domestic violence, the Family Court can make a protection order to ensure the safety of the child and the affected parent. Protection orders can include conditions such as prohibiting the violent parent from contacting the child or the other parent.

The Family Violence Act 2018 defines family violence as:

“(a) physical abuse:

(b) sexual abuse:

(c) psychological abuse, including, but not limited to,—

(i) intimidation:

(ii) harassment:

(iii) damage to property:

(iv) threats of physical abuse, sexual abuse, or psychological abuse:

(v) financial or economic abuse (for example, denying or limiting access to financial resources, or preventing or restricting employment opportunities or access to education):

(d) in relation to a child, abuse of the kind set out in subsection (2).“

If you or your children are experiencing domestic violence, it’s crucial to seek help immediately. You can contact the police, a family lawyer NZ, or a support service such as Women’s Refuge for assistance.

Family Lawyer Costs and Child Custody Battles

The cost of hiring a family lawyer NZ or engaging in a child custody battle can vary depending on the complexity of your case and the time it takes to resolve. Some lawyers charge an hourly rate, while others may offer fixed-fee services for specific tasks.

In general, the more contentious your case is, the more expensive it will be. A prolonged court battle can easily cost thousands of dollars in legal fees. However, investing in quality legal representation can be crucial in ensuring that your rights and your children’s best interests are protected.

If you’re concerned about the costs of hiring a child custody lawyer Auckland, it’s worth exploring your options for legal aid. Legal aid is government funding that can help cover the costs of legal representation for eligible individuals. Your family law solicitor can advise you on whether you qualify for legal aid and assist you with the application process.

Conclusion

Parenting orders are a crucial aspect of New Zealand family law, designed to ensure that children’s best interests are protected when their parents separate or divorce. By understanding how parenting orders work and seeking the guidance of an experienced NZ family lawyer, you can navigate this challenging process with greater confidence and clarity.

Remember, the Family Court’s primary concern is the welfare and best interests of your children. By focusing on your children’s needs and working collaboratively with your ex-partner where possible, you can help create a stable and nurturing environment for your children to thrive in, even after separation.

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.