How to Apply for a Parenting Order in New Zealand
If you are a parent in New Zealand seeking a formal agreement around the care of your children, you may need to apply for a parenting order. A parenting order is a legally binding document issued by the Family Court that outlines the day-to-day care arrangements, contact provisions, and guardianship rights for a child.
What is a Parenting Order?
A parenting order is a court order that sets out the specific care arrangements for a child, including which parent the child will live with, how much time the child will spend with each parent, and any other necessary provisions related to the child’s care and upbringing. Parenting orders are governed by the Care of Children Act 2004, which states:
The welfare and best interests of a child in his or her particular circumstances must be the first and paramount consideration.
When to Apply for a Parenting Order
You may need to apply for a parenting order if you and the other parent cannot agree on the care arrangements for your child. This could be in situations such as:\n\n- Separation or divorce\n- Disputes over which parent the child should live with- Disagreements about contact or visitation schedules\n- Concerns about the child’s safety or wellbeing
How to Apply for a Parenting Order
To apply for a parenting order, you will need to follow these steps:. Complete the necessary application forms, including an application for a parenting order and an affidavit outlining your proposed care arrangements.File the application with your local Family Court registry. You will need to pay a filing fee unless you qualify for a fee waiver. Serve the application on the other parent (the respondent). They will have an opportunity to file a response. Attend a mediation conference with the other parent to try and reach an agreement. If an agreement cannot be reached, the matter may proceed to a court hearing.
What to Include in Your Parenting Order Application
When applying for a parenting order, it’s important to include as much detail as possible about your proposed care arrangements. This should include – Where the child will live (day-to-day care)- How much time the child will spend with each parent (contact)- Holiday and special occasion arrangements- Any restrictions or conditions on contact. Guardianship provisions, such as decision-making rights.
The Role of a Family Lawyer
Applying for a parenting order can be a complex and emotional process. It’s highly recommended to seek the advice and representation of an experienced family lawyer who can guide you through the process and advocate for your child’s best interests.Naomi Cramer is one of New Zealand’s top family lawyers, with extensive expertise in parenting order applications. In this informative YouTube video, she outlines the key considerations when applying for a parenting order and offers valuable guidance for parents navigating this difficult process.
Conclusion
Applying for a parenting order is a serious step that can have long-lasting implications for your child’s upbringing and wellbeing. By understanding the process, gathering the necessary information, and working with a skilled family lawyer like Naomi Cramer, you can ensure that your child’s best interests are protected and that you achieve the best possible outcome for your family. If you need assistance with a parenting order application or any other aspect of family law, don’t hesitate to contact Naomi Cramer for expert legal advice and representation.
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.
