Navigating Parenting Orders in New Zealand Family Law
When it comes to family law in New Zealand, one of the most crucial aspects is parenting orders. These orders, issued by the Family Court, determine the day-to-day care and contact arrangements for children when their parents are separated or divorced. As a family lawyer in NZ, it is essential to understand the intricacies of parenting orders to help clients navigate this challenging process.
What Are Parenting Orders?
Parenting orders are legal orders made by the Family Court that outline the arrangements for a child’s care and contact with their parents. These orders can cover various aspects, including:
- Who the child will live with (day-to-day care)
- When and how the child will spend time with the other parent (contact)
- How major decisions about the child will be made (guardianship)
- Any other specific issues related to the child’s care and upbringing
Parenting orders are governed by the Care of Children Act 2004, which states in section 4(1):
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.
Applying for Parenting Orders
When parents cannot agree on the arrangements for their children, they can apply to the Family Court for parenting orders. The application process involves filing the necessary documents, attending a mediation conference (if required), and possibly attending a court hearing before a judge.
It is highly recommended to seek the assistance of a family law solicitor when applying for parenting orders. A skilled family court lawyer can provide valuable legal advice, represent your interests in the courtroom, and work towards achieving the best possible outcome for you and your children.
Factors Considered by the Court
When making parenting orders, the Family Court considers various factors to determine what arrangements are in the best interests of the child. These factors include:
- The child’s safety and well-being
- The child’s relationship with each parent and other important people in their life
- The child’s views and preferences (if they are old enough to express them)
- Each parent’s ability to provide for the child’s needs
- The need for the child to maintain a connection with their culture, language, and identity
In cases involving domestic violence, the court will also consider the safety of the child and the victim when making parenting orders.
Modifying Parenting Orders
Parenting orders can be modified if there has been a significant change in circumstances since the original order was made. This could include changes in the child’s needs, the parents’ living arrangements, or the relationship between the parents.
To modify a parenting order, an application must be made to the Family Court. It is important to seek the guidance of a family lawyer in NZ when considering a modification, as they can advise you on the likelihood of success and help you through the process.
The Role of Family Lawyers
Family lawyers in NZ play a crucial role in helping clients navigate the complexities of parenting orders and family law. They provide expert legal advice, represent clients in court, and work to achieve the best possible outcomes for families.
When choosing a family lawyer, it is essential to select someone with experience in parenting orders and a track record of success. Look for a law firm that specializes in family law and has a team of dedicated family court lawyers.
For more information on family law and parenting orders, consider subscribing to Naomi Cramer’s YouTube channel, where she provides valuable insights and advice on various family law topics in New Zealand.
Remember, while the process of obtaining or modifying parenting orders can be challenging, working with a skilled family lawyer can help ensure that your rights and the best interests of your children are protected throughout the process.
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.
