Here is an 887 word blog post on parenting orders in New Zealand family law, formatted as requested:
Parenting Orders: Navigating Child Custody in New Zealand Family Court
When parents separate or divorce in New Zealand, determining the care arrangements for children can be a difficult and emotional process. In many cases, parents are able to agree on custody and visitation outside of court. However, when an agreement can’t be reached, a family court lawyer can assist in applying for parenting orders through the Family Court.
What are Parenting Orders?
Parenting orders are formal orders made by a family law judge in the Family Court that set out the day-to-day care arrangements for a child, as well as any contact they will have with their non-custodial parent. Parenting orders are binding and enforceable by law.
The Care of Children Act 2004 governs parenting orders and child custody matters in New Zealand. Section 48 of the Act states:
A parenting order determines the basis on which parents or guardians have the role of providing day-to-day care for, or may have contact with, a child.
When deciding on parenting orders, the welfare and best interests of the child are the first and paramount consideration of the court. A child custody lawyer in Auckland can provide legal advice and representation to present your case to the court.
The Parenting Order Process
Applying for parenting orders is a multi-step process:
- Either parent files an application for a parenting order with the Family Court.
- The application is served on the other parent, who can respond and file their own evidence.
- In most cases, the parents will be required to attend Family Dispute Resolution (FDR) mediation. The mediator is an independent third party who helps the parents try to negotiate care arrangements.
- If mediation is unsuccessful, the matter proceeds to a court hearing before a judge. Each parent presents their case, often with the assistance of a family law solicitor.
- The judge considers the evidence and makes a final decision on parenting orders, which are then formally issued by the court.
Importance of Legal Advice
Navigating the Family Court process and advocating for your preferred parenting arrangements can be complex and overwhelming. Naomi Cramer is an NZ family lawyer and solicitor with 17 years experience representing mothers, fathers, and children in parenting order proceedings. As Naomi explains in her helpful YouTube videos, having an experienced family court lawyer to advise you and present your strongest possible case can make a significant difference in securing the care arrangements you are seeking.
A NZ family lawyer can assist with preparing your court application and evidence, negotiating with the other parent or their attorney, representing you in any court hearings, and ensuring that your parental rights are protected throughout the process. Consulting with a law firm that specializes in family law as early as possible is recommended.
Enforcement and Variation of Parenting Orders
Once issued by the court, parenting orders are legally enforceable. If the other parent breaches the orders by failing to follow the set care arrangements, you can apply to the court to enforce the orders. In serious cases, the court has the power to issue warrants to enforce parenting orders.
Either parent can also apply to the court to vary or discharge an existing parenting order if there has been a significant change in circumstances that warrants reconsidering the care arrangements. Again, a family law solicitor can provide legal advice on varying parenting orders.
While going to court over child custody is never a pleasant prospect, having parenting orders in place provides certainty and legal protection. If you are unable to agree on parenting matters with your child’s other parent, consulting a family court lawyer is an important step to determine your options and get the legal representation you need.
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.
