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 and wellbeing of their children. Parenting orders are legal orders made by the Family Court that outline the day-to-day care arrangements for children and how important decisions about their lives will be made. In this article, we will delve into the details of parenting orders, their importance, and how they are determined in the context of New Zealand family law.
What are Parenting Orders?
Parenting orders are legally binding decisions made by the Family Court that set out the arrangements for the care of children when their parents are no longer together. These orders cover various aspects of the children’s lives, including where they will live, how much time they will spend with each parent, and who will be responsible for making significant decisions about their upbringing, such as education, health, and religion.
The primary purpose of parenting orders is to ensure that the best interests of the children are met. The Family Court considers a range of factors when making these orders, including the children’s safety, their relationship with each parent, and their need for a stable and loving environment.
Types of Parenting Orders
There are two main types of parenting orders in New Zealand:
- Day-to-day care: This type of order determines who the children will live with on a daily basis and how much time they will spend with each parent. It can include arrangements for weekends, holidays, and special occasions.
- Contact: Contact orders set out how much time the children will spend with the parent they do not live with, as well as any conditions or arrangements for that contact, such as supervised visits or phone calls.
In some cases, the Family Court may also make additional orders, such as orders relating to the children’s safety or orders preventing a parent from removing the children from New Zealand without the other parent’s consent.
Applying for Parenting Orders
If 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 arrangements.
Before applying for a parenting order, parents are required to attend a Parenting Through Separation (PTS) course, which aims to help them understand the effects of separation on children and develop a parenting plan that focuses on the children’s best interests. In some cases, parents may also be required to attend Family Dispute Resolution (FDR) to try and reach an agreement before going to court.
How the Family Court Determines Parenting Orders
When making parenting orders, the Family Court’s primary consideration is the welfare and best interests of the children. The court takes into account a variety of factors, including:
- The children’s safety and wellbeing
- The children’s views and preferences, depending on their age and maturity
- The nature of the children’s relationship with each parent
- Each parent’s ability to provide for the children’s needs
- The need for the children to maintain relationships with other important people in their lives, such as grandparents and siblings
- Any history of domestic violence or abuse
The Care of Children Act 2004, which governs parenting orders in New Zealand, states:
“The welfare and best interests of the child must be the first and paramount consideration when a court determines the question of whether to make an order about the guardianship of, or the role of providing day-to-day care for, or contact with, a child.”
Modifying Parenting Orders
As children grow and circumstances change, parenting orders may need to be modified. Either parent can apply to the Family Court to vary or discharge a parenting order if there has been a significant change in circumstances or if the order is no longer serving the children’s best interests.
Before applying to vary a parenting order, parents should attempt to resolve any issues through mediation or Family Dispute Resolution. If an agreement cannot be reached, the court will consider the application and make a decision based on the children’s best interests.
Seeking Legal Advice
Navigating the complexities of parenting orders and family law can be challenging, especially during the emotional turmoil of a separation or divorce. Seeking legal advice from experienced family lawyers in NZ can help parents understand their rights and obligations, as well as provide guidance on how to achieve the best possible outcome for their children.
Family law solicitors and child custody lawyers in Auckland can assist with drafting parenting plans, representing parents in court proceedings, and ensuring that the children’s best interests are always at the forefront of any decisions made.
Conclusion
Parenting orders are a crucial aspect of New Zealand family law, ensuring that children’s needs and best interests are protected when their parents separate or divorce. By understanding the different types of parenting orders, the application process, and the factors considered by the Family Court, parents can work towards achieving the best possible care arrangements for their children.
Remember, the well-being and happiness of the children should always be the top priority. With the help of experienced NZ family lawyers, parents can navigate this challenging time and create a stable and loving environment for their children to thrive in.
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.
