Family Lawyers
Are you a Family Lawyer in New Zealand.
We are Family Law Specialist with Expertise in Child Custody, Divorce, Protection Orders, Family Violence, Relationship Property and more.
Care of children
When parents live apart, it is important to consider the best interests of the children when determining parenting arrangements. This may include decisions about day-to-day care, time spent with each parent, and schooling. The best interests of the child are always the primary consideration, and parents are encouraged to come to an agreement about what is best for their children. If the parents are unable to reach an agreement, a Christchurch Family Court Judge will make a decision based on the best interests of the child.
There are certain steps that must be taken before applying to the Christchurch Family Court for a decision on parenting arrangements, unless there is an emergency. These steps include attending a Parenting Through Separation course and attempting to resolve the matter through mediation at the Christchurch Family Court’s Family Disputes Resolution process. This process is designed to help parents come to an agreement without the need for a court hearing, and it is often successful in helping parents find a solution that works for them and their children.
If the matter cannot be resolved through mediation, the next step is to apply to the Christchurch Family Court for a decision. In some cases, a Family lawyer may be appointed to represent the child, and an expert such as a child psychologist may also be appointed. The role of the lawyer for the child is to advocate for the best interests of the child, while the expert may provide evidence and recommendations to the Court about what is best for the child. Parents may be required to contribute to the costs of these court-appointed individuals.
It is important to remember that the ultimate goal in parenting arrangements is to ensure that the children have a positive and healthy relationship with both parents, to the extent that this is possible. With the help of a skilled family lawyer and the guidance of the Christchurch Family Court, parents can work towards a solution that is in the best interests of their children.
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Family violence
Unfortunately woman and children are all too often subjected to physical or psychological abuse. The Police In Christchurch and the Christchurch Family Courts take family violence very seriously. The first port of call if you are a victim of family violence is the police .
The first step in the Family Court process for a domestic violence victim is to urgently obtain a Temporary Protection Order, which the Police immediately serve on the perpetrator and start the process of trying to remedy the situation. Women’s Refuge are able to put victims in touch with a family lawyer experienced in these cases.
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Division of Relationship property
When one partner in a relationship dies, the surviving partner may still be entitled to a share of the relationship property. The surviving partner can negotiate this entitlement with the executors or administrators of the deceased partner’s estate, or they can apply to the Christchurch Family Court within 12 months of the probate of the deceased’s will. If the estate is small and does not require formal administration, the surviving partner must make a choice within six months of the date of the partner’s death.
Before applying for a division of property, the surviving partner must decide whether to seek the usual half division of all relationship property, or to accept whatever the deceased partner left for them. It is important to seek legal advice before making this decision, as it can have significant implications for the surviving partner’s financial well-being.
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Claims against estates
Surviving spouses, partners, children, and even grandchildren may have potential claims against the property of a deceased spouse, partner, parent, or grandparent. The nature and extent of these entitlements can vary depending on the specific circumstances. A person may have a claim if the deceased owed them a moral duty, and the size and terms of the estate, as well as the other beneficiaries, will be taken into account when determining the extent of the claim.
In some cases, a person may die without fulfilling a promise made in their will to benefit someone. This is known as a testamentary promise, and claims can be made against the estate under the Testamentary Promises Act. An example of this might be a claim by a caregiver who looked after the deceased for a number of years but was not adequately compensated, and the deceased had promised to reward them in their will.
There are time limits for notifying the executors of an estate of the intention to make a claim, and for bringing claims in the Christchurch Family Court against an estate that is being administered. It is important to seek legal advice about time limits, entitlements, and claims against estates to ensure that your rights are protected.
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Wills and estates
A person of sound mind has the right to make a will disposing of their estate as they see fit. However, if the will fails to fulfill a moral duty owed to a dependent spouse or child, or if it fails to honor a testamentary promise, the Christchurch Family Court may intervene to rectify the situation.
In order for a will to be considered valid, it must generally be in writing and signed by the testator (the person making the will) in the presence of two witnesses. If the formal requirements for a valid will are not met, but the testator’s intentions are still clear, the Christchurch High Court may be able to validate the will. In these cases, it is important to seek the advice of a skilled and experienced family lawyer to assist with the necessary litigation to validate the will.
Helpful information about making a Will and Estate Administration is available on the New Zealand Law Society website.
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Disclaimer: This information presented on this website is not to be construed as providing legal advice. It is recommended that you seek the advice of personal legal counsel based on your individual circumstances.