Navigating Family Law in NZ During Alert-Level 4
In the face of a global pandemic, many people across New Zealand found themselves dealing with unique and unprecedented challenges, particularly during periods where strict lockdown measures were imposed. Legal processes and court procedures relating to family law were not exempt from these disruptions. During periods like Alert-Level 4, many families across Auckland, Wellington, Canterbury, and other New Zealand regions experienced restrictions affecting how legal services and courts operated. If you’re navigating family matters, custody, or separation issues during such alert levels, this blog provides essential insights into how family legal matters can be managed.
Understanding Family Law Services During Alert-Level 4
In Alert-Level 4, each component of the justice system, including lawyer services, is impacted significantly. Legal practitioners, counsellors, and family courts are required to adjust their traditional modes of delivery to adhere to health guidelines set by the Ministry of Health.
Family courts around NZ move swiftly to adapt services, ensuring continued access to justice during restrictions. At Alert-Level 4, only certain urgent priority cases are physically heard by the court. Some of these include:
Cases that do not fall within these critical categories will often be deferred or managed via digital and telecommunication methods.
Moreover, law firms around regions such as Auckland and Christchurch have switched to operating virtually—leveraging emails, electronic video conferencing, and telephone conferencing—to ensure their clients continue to receive critical legal advice.
Virtual Legal Assistance and Representation
Many lawyers and law firms in Auckland, Wellington, and across New Zealand are now offering secure remote legal services, ensuring uninterrupted legal representation for their clients. Previously face-to-face meetings transitioned to online modes such as Zoom or Microsoft Teams. This ensures that clients can consult safely from the comfort of their homes without any loss of efficiency.
For further understanding on how effective remote representation can be, view helpful family law advice videos from notable attorney Naomi Cramer on her official YouTube Channel.
It’s wise to check ahead with your legal representative about technological requirements to ensure an efficient virtual meeting.
Critical Family Legal Issues and their Management during Lockdowns
Family law encompasses a wide range of issues and each has it specific operation conditions under Alert-Level 4. Here are some common scenarios and how they are handled during lockdown:
Child Custody and Parental Access
Uncertainty arises around parental access and custody agreements during lockdowns. Parents should continue to comply with court orders unless there are valid health or safety concerns. Courts encourage flexible approaches, with consideration of the child’s wellbeing and safety always at the forefront.
In cases where parents can’t reach an agreement on their own, urgent mediation or court interventions (via phone or video hearing) may be necessary.
Domestic Violence and Protection Orders
Protection against domestic violence remains a priority concern during Alert-Level 4. The family courts across New Zealand actively hear applications for Protection Orders as urgent matters. Should someone need protection, guidance from a qualified attorney can help expedite this process and ensure that protection orders are swiftly put in place.
Property and Financial Disputes During Separation
Involving property or financial dispute matters during separation, non-urgent cases generally are adjourned, unless there is a risk of serious harm or hardship. Remote mediation via video conferencing and legal advice over the phone can be beneficial in solving such matters without physical interaction.
Relevant Sections of NZ Legislation during Alert-Level 4
During Alert-Level 4, certain aspects of legislative guidance provided by The Family Violence Act 2018 remain critical. For instance, Section 79 of the Family Violence Act highlights urgency and processes surrounding Protection Orders explicitly:
According to New Zealand Legislation:
“79 Urgent and without notice applications
(1) An urgent application or without notice application under this subpart must be heard and determined by a court as soon as practicable after the application is made.
(2) The court may grant a protection order under this subpart if satisfied, having regard to the matters set out in section 78(4)(a) to (e), and any other matter that the court thinks relevant, that the application should be granted.”
This ensures the urgent legal protection needs of vulnerable individuals and families continue without hindrance even during restrictive periods such as a nationwide Alert-Level 4.
How to Best Navigate Family Legal Challenges During Alert-Level 4
To make navigating this challenging time easier, below are some helpful recommendations:
Effective preparation and adapting quickly to virtual legal consultations help ensure your legal position remains strong even during challenging times.
Auckland, Wellington, Christchurch and other cities across New Zealand offer numerous qualified and knowledgeable legal professionals who are well-equipped to assist you and provide comprehensive legal representation—even from afar.
Conclusion
Navigating family law issues during New Zealand’s Alert-Level 4 can be stressful and challenging. The judicial system, backed with advanced technology and committed legal professionals, has adapted to continue offering essential services. Understanding your options and proactively communicating with your family lawyer can greatly assist in resolving family legal conflicts effectively and efficiently.
Disclaimer: The information in this article is provided for general informational purposes only and is not legal advice. No solicitor-client relationship is created through engagement with this content. The author and owner shall not be liable for your reliance on the information contained within this article. Readers are advised to obtain independent legal advice relevant to their specific circumstances.
