How To Change a Parenting Order
A parenting order in New Zealand legally determines the care arrangements for a child, including where they live, who they spend time with, and who is responsible for their day-to-day care. However, circumstances can change, and so can the need to modify these orders. This article explores when and how you can change a parenting order in New Zealand, referencing relevant legislation.
When Can You Change a Parenting Order
In New Zealand, a parenting order can be varied or discharged under certain conditions, as outlined in the **Care of Children Act 2004**. Key reasons for seeking a change to a parenting order include:
1. Significant Change in Circumstances
– The court may consider modifying a parenting order if there has been a significant change in the child’s or parents’ circumstances. This might include changes in the child’s needs, a parent’s relocation, or a shift in parental responsibilities.
2. Child’s Best Interests
– The primary consideration for any change to a parenting order is the child’s best interests, as stated in Section 4 of the Care of Children Act 2004. If the current arrangements are no longer serving the child’s best interests, the court may be persuaded to make adjustments.
3. Mutual Agreement
– If both parents agree on the changes, they can apply to the court to vary the order. This is often the simplest route as it demonstrates a cooperative approach to the child’s welfare.
How to Change a Parenting Order
To change a parenting order, follow these steps:
Consultation and Mediation
– Before applying to the court, parents are encouraged to attend Family Dispute Resolution (FDR) mediation. Mediation can help parents reach an agreement without needing a court intervention, saving time and resources.
Apply to the Family Court
– If mediation is unsuccessful or unsuitable, you can apply to the Family Court to change the parenting order. This application must outline the reasons for the change and demonstrate that it is in the child’s best interests.
Factors the Family Court Considers
– The Family Court will consider the application, taking into account the reasons for the requested change, the child’s views (depending on their age and maturity), and any relevant evidence. The court may ask for reports from professionals, such as social workers or psychologists, to assess the situation.
Family Court Decisions
– The court will make a decision based on what is in the child’s best interests. If the court agrees that a change is necessary, it will issue a new parenting order reflecting the modified arrangements.
Legislation
Care of Children Act 2004: This act governs parenting orders in New Zealand, emphasizing the child’s welfare and best interests as the primary consideration in any decisions regarding care arrangements.
– Section 4 of the Care of Children Act 2004 focuses on the paramount importance of the child’s welfare and best interests in any court decision.
Changing a parenting order in New Zealand is a process that requires careful consideration and adherence to legal protocols. Whether due to a significant change in circumstances or the evolving needs of the child, the court prioritizes the child’s best interests. By following the proper steps and seeking legal advice, you can navigate the process of varying a parenting order effectively.
If you need further guidance on changing a parenting order, it’s advisable to consult a family law specialist like Naomi Cramer who can provide tailored advice based on your situation.
