Navigating Parenting Orders in New Zealand Family Law

When relationships involving children break down, one of the most critical aspects of family law is determining parenting arrangements. In New Zealand, parenting orders are legal orders made by the Family Court that outline the day-to-day care of children and the contact they have with each parent. These orders aim to ensure that the best interests of the child are met and that both parents can maintain a meaningful relationship with their children.

What Are Parenting Orders?

Parenting orders are legally binding decisions made by the Family Court that specify the arrangements for a child’s care and contact with their parents. They can cover various aspects of a child’s life, including:

• Who the child lives with (day-to-day care)
• When and how the child spends time with each parent (contact)
• How important decisions about the child’s life will be made (guardianship)

Parenting orders can be tailored to suit the unique circumstances of each family. They can be as detailed or as flexible as necessary, depending on the needs of the child and the ability of the parents to cooperate.

Applying for Parenting Orders

If parents cannot agree on the arrangements for their children, either parent can apply to the Family Court for a parenting order. Before applying, parents must attend a Parenting Through Separation (PTS) course and attempt to resolve their issues through mediation with a family law solicitor or the Family Dispute Resolution (FDR) service.

If mediation is unsuccessful, a parent can apply for a parenting order by filing an application with the Family Court. The application should include details of the proposed arrangements for the child and any supporting evidence. The other parent will have an opportunity to respond to the application and provide their own evidence.

The Family Court Process

Once an application for a parenting order is filed, the Family Court will set a hearing date. Before the hearing, a family court lawyer may be appointed to represent the child’s interests. The judge may also order a specialist report to assess the child’s needs and the ability of each parent to meet those needs.

At the hearing, both parents will have an opportunity to present their case and any supporting evidence. The judge will consider all the evidence and make a decision based on the best interests of the child. The judge may also hear from the child directly, depending on their age and maturity.

Factors Considered by the Family Court

When making a decision about parenting orders, the Family Court will consider a range of factors, including:

• The child’s safety and well-being
• The child’s relationship with each parent
• The child’s cultural identity and any cultural practices that are important to the child
• The ability of each parent to provide for the child’s needs
• The child’s views and preferences, if they are old enough to express them

The Family Court may also consider any history of domestic violence or other issues that may affect the child’s safety and well-being.

Enforcing Parenting Orders

Once a parenting order is made, both parents are legally required to follow it. If a parent breaches a parenting order, the other parent can apply to the Family Court for enforcement. The court may impose penalties on the breaching parent, such as fines or community service.

In some cases, a parent may need to seek legal advice from a child custody lawyer Auckland or family lawyers NZ to enforce a parenting order. A nz family lawyer can provide guidance on the legal options available and represent the parent in court proceedings.

Changing Parenting Orders

Parenting orders are not set in stone and can be changed if circumstances change. Either parent can apply to the Family Court to vary or discharge a parenting order. The court will consider whether there has been a significant change in circumstances since the order was made and whether the proposed changes are in the best interests of the child.

The Care of Children Act 2004 governs parenting orders in New Zealand. Section 4 of the Act states:

The welfare and best interests of the child 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.

This principle guides all decisions made by the Family Court regarding parenting orders.

Seeking Legal Advice

Navigating the family justice system can be complex and emotionally challenging. Seeking legal advice from experienced family lawyers nz or a nz family lawyer can help parents understand their rights and obligations and achieve the best possible outcome for their children.

For more information on parenting orders and other aspects of family law, check out Naomi Cramer’s YouTube channel, where she provides helpful insights and advice from her experience as a family court lawyer and family law solicitor.

Parenting orders play a crucial role in ensuring that children’s needs are met and that they can maintain meaningful relationships with both parents following a separation. By understanding the legal process and seeking appropriate legal representation, parents can navigate this challenging time and achieve positive outcomes for their families.

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.