Understanding Parenting Orders in New Zealand Family Law
Family law in New Zealand encompasses a wide range of legal matters that affect families, including divorce, separation, child custody, and domestic violence. One crucial aspect of family law is parenting orders, which are legal orders made by the Family Court to determine the care arrangements for children when their parents separate or divorce. In this article, we will delve into the intricacies of parenting orders and how family lawyers nz can assist you in navigating this complex legal process.
What are Parenting Orders?
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. These orders can cover various aspects of a child’s life, such as where they will live, how much time they will spend with each parent, and who will make important decisions about their upbringing, education, and health.
The primary goal of parenting orders is to ensure that the best interests of the child are met. The Family Court considers a range of factors when making parenting orders, including the child’s safety, their relationship with each parent, and their cultural and religious background.
The Role of Family Lawyers in Parenting Orders
Navigating the complex world of family law can be overwhelming, especially when dealing with emotionally charged issues like child custody. This is where family law solicitors come in. A skilled family court lawyer can provide invaluable legal advice and representation throughout the parenting order process.
Family lawyers can help you understand your rights and responsibilities as a parent, and guide you through the legal process of obtaining a parenting order. They can also assist with negotiating care arrangements with the other parent, and represent you in court if necessary.
When choosing a family lawyer, it’s essential to find someone with experience and expertise in parenting orders and child custody matters. Look for a law firm with a track record of success in family law cases, and don’t hesitate to ask for references or testimonials from past clients.
The Parenting Order Process
The process of obtaining a parenting order typically begins with one parent applying to the Family Court. The court will then set a date for a hearing, where both parents will have the opportunity to present their case and argue for their preferred care arrangements.
Before the hearing, the court may order the parents to attend mediation or a parenting course to try and reach an agreement on care arrangements. If an agreement cannot be reached, the court will make a decision based on the evidence presented at the hearing.
It’s important to note that parenting orders are not set in stone and can be varied if circumstances change. For example, if one parent’s work schedule changes or if the child’s needs change as they grow older, the court may agree to vary the parenting order to reflect these changes.
Domestic Violence and Parenting Orders
Domestic violence is a serious issue that can have a significant impact on parenting orders. If there are allegations of domestic violence, the court will prioritize the safety of the child and may make orders to protect them from harm.
In cases where domestic violence is a factor, the court may order supervised contact between the child and the abusive parent, or may prohibit contact altogether. The court may also order the abusive parent to attend a domestic violence program or counseling before any contact with the child is allowed.
If you are a victim of domestic violence and are concerned about the safety of your child, it’s essential to seek legal advice from a family lawyer who has experience in dealing with domestic violence cases. They can help you obtain a protection order and ensure that your child’s safety is prioritized in any parenting order.
The Importance of the Child’s Voice in Parenting Orders
In recent years, there has been a growing recognition of the importance of the child’s voice in parenting order proceedings. The Care of Children Act 2004 requires the Family Court to take into account the child’s views and wishes when making parenting orders, depending on the child’s age and maturity.
Section 6 of the Care of Children Act 2004 states:
“(1) In proceedings involving the guardianship of, or the role of providing day-to-day care for, or contact with, a child, the court must (subject to subsection (3)) make the welfare and best interests of the child the first and paramount consideration.
(2) In determining what best serves the child’s welfare and best interests, the court must take into account any of the following principles that are relevant to the child’s welfare and best interests:
(a) the child’s parents and guardians should have the primary responsibility for the child’s care, development, and upbringing:
(b) there should be continuity in the child’s care, development, and upbringing:
(c) the child’s care, development, and upbringing should be facilitated by ongoing consultation and co-operation between the child’s parents, guardians, and any other person having a role in the child’s care under a parenting or guardianship order:
(d) relationships between the child and members of his or her family, family group, whanau, hapu, or iwi should be preserved and strengthened:
(e) the child’s safety must be protected and, in particular, he or she must be protected from all forms of violence (whether by members of his or her family, family group, whanau, hapu, or iwi or by other persons):
(f) the child’s identity (including, without limitation, his or her culture, language, and religious denomination and practice) should be preserved and strengthened.”
Family lawyers can play a crucial role in ensuring that the child’s voice is heard in parenting order proceedings. They can arrange for the child to meet with a lawyer for child, who can represent the child’s views and wishes to the court. They can also work with psychologists and other experts to assess the child’s needs and ensure that their best interests are being met.
Conclusion
Parenting orders are a crucial aspect of family law in New Zealand, and can have a significant impact on the lives of children and their parents. If you are going through a separation or divorce and need assistance with parenting orders, it’s essential to seek legal advice from a skilled and experienced family lawyer.
Family lawyers can provide invaluable legal advice and representation throughout the parenting order process, and can help ensure that your child’s best interests are being met. They can also assist with negotiating care arrangements with the other parent, and represent you in court if necessary.
For more information and insights on family law in New Zealand, be sure to check out Naomi Cramer’s YouTube channel, where she shares her expertise as a family court lawyer and provides helpful tips and advice for those navigating the complexities of family law.
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.
