Understanding Parenting Orders in New Zealand Family Law

When parents separate or divorce in New Zealand, one of the most crucial aspects they need to address is the care arrangements for their children. In such situations, the family court may issue parenting orders to ensure that the best interests of the children are protected. This article will delve into the intricacies of parenting orders in the context of family law in New Zealand.

What are Parenting Orders?

Parenting orders are legally binding decisions made by the family court that outline the day-to-day care arrangements for children when their parents are no longer together. These orders can cover various aspects, such as who the child will live with, how much time they will spend with each parent, and how important decisions regarding the child’s upbringing will be made.

The primary purpose of parenting orders is to provide stability and certainty for children during a potentially tumultuous time in their lives. By clearly defining the roles and responsibilities of each parent, parenting orders aim to minimize conflict and ensure that the child’s welfare remains the top priority.

Applying for Parenting Orders

When parents cannot agree on the care arrangements for their children, either parent can apply to the family court for a parenting order. The application process involves filling out the necessary forms and providing evidence to support the proposed care arrangements.

It is highly recommended to seek the assistance of a family lawyer or family law solicitor when applying for parenting orders. They can provide valuable legal advice and legal representation throughout the process, ensuring that your rights and your child’s best interests are protected.

Factors Considered by the Court

When making decisions about parenting orders, the family court takes into account a range of factors to determine what arrangements will best serve the child’s interests. These factors include:

• The child’s safety and well-being
• The child’s relationship with each parent
• The child’s cultural identity and any relevant cultural practices
• 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 level of cooperation and communication between the parents

The court may also consider any history of domestic violence or other issues that could impact the child’s safety and well-being.

The Role of Family Dispute Resolution

Before applying for parenting orders, parents are generally required to attend Family Dispute Resolution (FDR). FDR is a mediation process that aims to help parents reach an agreement on the care arrangements for their children without going to court.

During FDR, an impartial mediator facilitates discussions between the parents, helping them identify their concerns and explore potential solutions. If an agreement is reached, the mediator can assist in drafting a parenting plan that outlines the agreed-upon arrangements.

FDR can be a more cost-effective and less adversarial alternative to going to court, as it allows parents to maintain control over the decision-making process and work together in the best interests of their children.

Enforcing Parenting Orders

Once a parenting order is in place, both parents are legally obligated to follow its terms. If one parent breaches the order, the other parent can take steps to enforce it through the court.

The Care of Children Act 2004 provides the legal framework for enforcing parenting orders in New Zealand. As stated in Section 68 of the Act:

“A party to a parenting order may apply to a court for an order varying or discharging the parenting order, and the court may make the order if the court is satisfied that, in the circumstances that have arisen since the parenting order was made, the welfare and best interests of the child in respect of whom the parenting order was made require the variation or discharge of the parenting order.”

If a parent consistently breaches a parenting order, the court may impose penalties, such as fines or even imprisonment in severe cases.

Seeking Legal Assistance

Navigating the complexities of parenting orders and family law in New Zealand can be challenging, especially during an emotionally charged time. Seeking the guidance of a skilled family court lawyer or child custody lawyer in Auckland can make a significant difference in the outcome of your case.

Naomi Cramer, a family lawyer based in Auckland, provides informative videos on her YouTube channel, covering various aspects of family law in New Zealand. Her videos offer valuable insights into the legal process and can help parents better understand their rights and options.

Remember, when it comes to the well-being of your children, having experienced legal representation by your side can ensure that their best interests are protected throughout the legal proceedings.

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.