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 that outline the arrangements for the care of children when their parents separate or divorce.

What are Parenting Orders?

Parenting orders are legally binding decisions made by the Family Court that determine the day-to-day care arrangements for children, as well as any contact they will have with their parents or other important people in their lives. These orders can cover a wide range of issues, including where the children will live, how much time they will spend with each parent, and who will make important decisions about their upbringing, such as education and healthcare.

According to the Care of Children Act 2004, as stated in the New Zealand legislation:

“The welfare and best interests of a child in his or her particular circumstances must be the first and paramount consideration in proceedings or any other matter relating to the guardianship or care of, or contact with, a child.”

This means that when making parenting orders, the Family Court must prioritize the wellbeing and best interests of the children involved.

How are Parenting Orders Made?

Parenting orders can be made in several ways. In some cases, parents may be able to reach an agreement about the care arrangements for their children through mediation or negotiation with the help of family lawyers in NZ. If an agreement is reached, the parents can apply to the Family Court for a consent order, which formalizes the agreement and makes it legally binding.

If parents are unable to reach an agreement, they may need to apply to the Family Court for a parenting order. The court will then consider the evidence presented by both parties and make a decision based on what is in the best interests of the children. This may involve hearing from the children themselves, as well as other relevant parties such as grandparents or family law solicitors.

Factors Considered by the Family Court

When making parenting orders, the Family Court will consider a range of factors to determine what is in the best interests of the children. These may include:

• The safety and wellbeing of the children
• The children’s relationship with each parent and other important people in their lives
• The children’s views and preferences, depending on their age and maturity
• Each parent’s ability to provide for the children’s needs
• Any history of family violence or abuse

The court may also consider other relevant factors, such as the children’s cultural background and any special needs they may have.

Enforcing Parenting Orders

Once a parenting order is made, both parents are required to follow it. If one parent breaches the order, the other parent can apply to the Family Court for enforcement. The court may then make further orders to ensure compliance, such as requiring the breaching parent to attend a parenting program or imposing penalties such as fines or community service.

In some cases, breaching a parenting order can also be a criminal offense. Under the Care of Children Act 2004, it is an offense to intentionally breach a parenting order without a reasonable excuse. This offense carries a maximum penalty of 3 months imprisonment or a fine of up to $2,500.

Getting Legal Advice

If you are going through a separation or divorce and need to make arrangements for the care of your children, it is important to seek legal advice from a qualified family lawyer in NZ. A family law solicitor can help you understand your rights and obligations, and guide you through the process of making parenting arrangements, whether through mediation or through the Family Court.

For more information and insights on family law matters, you can also check out Naomi Cramer’s YouTube channel, where she shares her expertise as an experienced family court lawyer.

Remember, the most important thing is to prioritize the wellbeing and best interests of your children during this challenging time. With the right legal support and a focus on cooperation and communication, it is possible to make parenting arrangements that work for everyone involved.

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.