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A Guide to Parenting Orders Under New Zealand Family Law

When parents separate or divorce in New Zealand, determining care arrangements for their children is one of the most important matters to resolve. If the parents cannot agree, they may need to seek parenting orders from the Family Court. This article provides an overview of parenting orders under New Zealand family law.

What Are Parenting Orders?

Parenting orders are formal orders made by the Family Court that set out the day-to-day care arrangements for a child and how guardianship decisions will be made. They cover matters such as which parent the child will live with, how much time the child will spend with each parent, and how major decisions about the child’s upbringing (e.g. education, religion, healthcare) will be made.

The Care of Children Act 2004 is the primary legislation governing parenting orders in New Zealand. Section 48 of the Act states:

On an application for a parenting order, the court may make any 1 or more of the following orders:

(a) an order determining the person or persons who have the role of providing day-to-day care for the child:

(b) an order determining the person or persons who have contact with the child:

(c) an order determining specific times or days when parenting orders permitting contact will operate:

…

Applying for Parenting Orders

If you wish to apply for parenting orders, it is recommended to first seek legal advice from an experienced family law solicitor or family lawyer NZ. An NZ family lawyer can advise you on the process, help you negotiate with the other parent if appropriate, and represent you in Family Court if needed.

Before applying to the court, separating parents must first attend a Parenting Through Separation course and mediation to try and reach agreement. If no agreement is reached, either parent can apply to the Family Court for parenting orders.

The Family Court Process

After an application is filed, a Family Court judge will first consider whether the matter can be resolved through counselling or mediation. If not, the judge may hold a formal hearing in the courtroom where both parties and their attorneys can present evidence and arguments.

The judge will make a decision based on what arrangements are in the welfare and best interests of the child. Factors considered include the child’s safety, their relationship with each parent, the child’s views, each parent’s ability to provide care, and the need to preserve the child’s identity, culture and whanau connections.

For an inside look at a day in the Family Court and the role of lawyers, check out this informative video on Naomi Cramer’s YouTube channel where she vlogs her work as a family lawyer.

Importance of Legal Representation

Parenting order cases, especially if contested, can be very complex legally and emotionally fraught for those involved. Having an experienced child custody lawyer Auckland or family court lawyer to advocate for your rights and your child’s best interests is invaluable in navigating the process and securing a favorable outcome.

A good family lawyer will provide you with expert legal advice, skilled negotiation, and strong legal representation in court if needed. To connect with leading family lawyers across New Zealand, visit: https://lawyers-auckland1.co.nz/family-lawyer-auckland

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.