Navigating 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 legal orders made by the Family Court that outline the day-to-day care arrangements for children when their parents separate or divorce. These orders are designed to ensure that the best interests of the child are met and that both parents have a meaningful relationship with their child.

What are Parenting Orders?

Parenting orders are legal orders made by the Family Court that set out the arrangements for the care of a child when their parents separate or divorce. These orders can cover a range of issues, including:

• Who the child will live with
• How much time the child will spend with each parent
• How the child will communicate with each parent
• How decisions about the child’s care will be made

Parenting orders are made under the Care of Children Act 2004, which sets out the legal framework for the care of children in New Zealand. The Act emphasizes the importance of both parents having a meaningful relationship with their child, and the need for the child’s welfare and best interests to be the paramount consideration.

As stated in section 4 of the Care of Children Act 2004:

“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.”

How are Parenting Orders Made?

Parenting orders can be made by agreement between the parents or by a family court lawyer if the parents cannot agree. If the parents can agree on the arrangements for their child, they can apply to the Family Court for a consent order. If the parents cannot agree, they will need to attend a mediation session with a family law solicitor to try and reach an agreement. If mediation is unsuccessful, the matter will go to a hearing before a Family Court judge, who will make a decision based on the evidence presented.

When making a parenting order, 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 relevant to the child
• The child’s views and preferences, if they are old enough to express them
• The ability of each parent to provide for the child’s needs
• The willingness of each parent to facilitate the child’s relationship with the other parent

Enforcing Parenting Orders

Once a parenting order has been made, both parents are legally required to follow it. If one parent breaches the order, the other parent can apply to the Family Court for enforcement. The court can impose a range of penalties for breaching a parenting order, including fines, community work, or even imprisonment in serious cases.

If you are involved in a dispute over parenting arrangements, it is important to seek legal advice from a family lawyer NZ. A NZ family lawyer can help you understand your rights and obligations under the law and represent you in court if necessary. They can also provide guidance on how to reach an agreement with the other parent and draft parenting orders that are in the best interests of your child.

For more information on family law and parenting orders, check out Naomi Cramer’s YouTube channel, where she provides helpful legal advice and insights on a range of family law topics.

Conclusion

Parenting orders are an important aspect of family law in New Zealand, designed to ensure that children’s best interests are met when their parents separate or divorce. If you are involved in a dispute over parenting arrangements, it is important to seek legal advice from a qualified family lawyer NZ who can help you navigate the legal system and achieve the best possible outcome for your child. With the right legal representation and support, you can ensure that your child’s welfare and best interests are protected.

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.