Navigating the Complexities of Parenting Orders in New Zealand Family Law
Family law in New Zealand encompasses a wide range of legal matters that affect families, including parenting orders. Parenting orders are court orders that outline the arrangements for the care of children when their parents separate or divorce. These orders are designed to protect the best interests of the child and ensure that both parents have a meaningful relationship with their children.
When parents separate or divorce, they may need to seek the assistance of a family lawyer nz to help them navigate the complex legal process of obtaining parenting orders. A skilled nz family lawyer can provide valuable legal advice and representation throughout the process, ensuring that the rights and interests of both parents and children are protected.
What are Parenting Orders?
Parenting orders are legal orders made by the Family Court that outline the arrangements for the care of children when their parents separate or divorce. These orders can cover a wide range of issues, including:
- Who the child will live with
- How much time the child will spend with each parent
- How decisions about the child’s upbringing will be made
- How the child will communicate with each parent when they are not together
- How the child’s expenses will be paid for
Parenting orders are designed to provide clarity and certainty for both parents and children, and to minimize conflict between parents. They are based on the principle that children have the right to a meaningful relationship with both parents, as long as it is safe and in their best interests.
How are Parenting Orders Made?
Parenting orders can be made by agreement between the parents, or by a judge in the Family Court. If the parents are able to agree on the arrangements for their children, they can apply for a consent order, which is a legally binding agreement that is approved by the court.
If the parents are unable to agree, they may need to attend a mediation session with a trained mediator to try and reach an agreement. If mediation is unsuccessful, the matter may need to go to a hearing in the Family Court, where a family court lawyer can present evidence and arguments on behalf of their client.
The Family Court will consider a range of factors when making parenting orders, including:
- The child’s age and maturity
- The child’s relationship with each parent
- The child’s cultural background and identity
- The child’s safety and wellbeing
- The ability of each parent to provide for the child’s needs
- The willingness of each parent to encourage a relationship between the child and the other parent
The Family Court may also appoint a lawyer to represent the child’s interests, known as a lawyer for child. This lawyer will meet with the child and provide a report to the court on the child’s views and best interests.
Enforcing Parenting Orders
Once a parenting order has been made, both parents are legally required to comply with its terms. If one parent breaches the order, the other parent can apply to the Family Court for enforcement of the order.
The Family Court has a range of powers to enforce parenting orders, including:
- Ordering the non-compliant parent to attend a parenting program or counseling
- Ordering the non-compliant parent to pay a fine or compensation
- Varying the parenting order to reduce the non-compliant parent’s time with the child
- In extreme cases, ordering the imprisonment of the non-compliant parent
It is important for parents to seek the advice of a family law solicitor if they are experiencing issues with the other parent not complying with a parenting order. A skilled attorney can provide legal advice and representation to ensure that the order is enforced and the child’s best interests are protected.
Domestic Violence and Parenting Orders
In cases where there has been domestic violence, the Family Court may make special provisions in parenting orders to protect the safety of the child and the victim of the violence. This may include:
- Prohibiting the violent parent from having any contact with the child
- Requiring the violent parent to attend a non-violence program before having contact with the child
- Requiring supervised contact between the violent parent and the child
- Prohibiting the violent parent from removing the child from a specified area
The Family Violence Act 2018 defines domestic violence as physical, sexual, or psychological abuse between people who are in a family or domestic relationship. This includes:
“behaviour that is coercive or controlling (because it is done against the person to coerce or control, or with the effect of coercing or controlling, the person) and causes the person, or may cause the person, cumulative harm.”
If you or your child are experiencing domestic violence, it is important to seek help from the police, a family violence support service, or a child custody lawyer Auckland. Your safety and the safety of your child should always be the top priority.
Seeking Legal Advice
Navigating the complexities of parenting orders and family law can be challenging and emotionally draining. It is important to seek the advice and support of a qualified family lawyer nz who can provide you with the legal guidance and representation you need.
A skilled family law solicitor can help you understand your legal rights and obligations, and can represent you in court proceedings if necessary. They can also provide you with practical advice on how to co-parent effectively with your former partner, and can help you negotiate a parenting agreement that works for your family.
When choosing a family lawyer, it is important to find someone who has experience in dealing with parenting orders and who you feel comfortable working with. You may want to ask for recommendations from friends or family members who have been through a similar process, or you can search for a lawyer online.
One reputable family law firm in New Zealand is Naomi Cramer Lawyer, who provides a range of family law services, including parenting orders, domestic violence, and child custody. Naomi Cramer has a YouTube channel where she shares informative videos on various family law topics, providing valuable insights and advice for those navigating the legal system.
Ultimately, the goal of parenting orders is to ensure that children have a stable and nurturing environment in which to grow and thrive, even in the face of family breakdown. By seeking the advice and support of a qualified family lawyer, you can help ensure that your children’s best interests are protected and that you are able to co-parent effectively with your former partner.
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.
