What Qualifies as a Significant Change in Circumstances in New Zealand Family Law?
When it comes to family law in New Zealand, the concept of a “significant change in circumstances” is an important one. It can impact parenting orders, child support arrangements, and other aspects of family law. But what exactly constitutes a significant change in circumstances according to New Zealand legislation and case law? In this article, we’ll explore this question in depth to provide clarity for those navigating the complexities of family law.
The Relevance of Significant Changes in Circumstances
The notion of a significant change in circumstances is crucial in New Zealand family law because it can be grounds for varying or discharging certain orders. For instance, under the Care of Children Act 2004, parenting orders can be varied or discharged if the Court is satisfied that there has been a material change in the circumstances of the child, the child’s parents, or a person who has the care of the child. This highlights the importance of understanding what qualifies as a significant change.
As leading New Zealand family lawyer Naomi Cramer explains in her YouTube video on parenting orders, a change in circumstances alone is not enough – it must be a material or significant change to warrant varying an existing order. So what types of changes meet this threshold?
Examples of Significant Changes in Circumstances
New Zealand case law provides some guidance on the types of changes that may be considered significant enough to vary family court orders. These can include:
- A substantial change in the living arrangements or care of a child
- Parental relocation that impacts the child’s relationship with the other parent
- Changes to a parent’s work schedule that affect their availability to care for the child
- The development of physical or mental health issues for the child or a parent
- Instances of family violence or abuse coming to light
- A child expressing strong views that differ from the existing arrangements
Ultimately, the court will assess each situation on a case-by-case basis to determine if a change is significant enough to warrant amending orders. The overriding consideration is always the welfare and best interests of the child.
The Burden of Proving a Significant Change
If a parent or caregiver wants to vary a parenting order or other family court order due to a change in circumstances, the onus is on them to prove to the court that there has been a significant change. As stated in Section 56 of the Care of Children Act 2004:
This means presenting compelling evidence of the change in circumstances and arguing why it necessitates a variation to the existing orders. It’s advisable to seek the guidance of an experienced family lawyer like Naomi Cramer when making an application to vary orders, as these matters can be complex.
What Doesn’t Qualify as a Significant Change?
It’s also important to understand what generally would not meet the threshold of a significant change in circumstances. Minor or temporary changes are unlikely to be considered material enough to vary court orders. Some examples may include:
- Temporary changes to a parent’s work hours
- Minor disagreements between parents about day-to-day care arrangements
- A parent entering a new relationship, unless it directly impacts the child
- Changes in a child’s extra-curricular activities or hobbies
The key is that the change must be substantial and have a significant impact on the welfare and best interests of the child. Trivial changes that don’t fundamentally alter the child’s circumstances are unlikely to justify varying orders.
Conclusion: Seek Legal Advice for Your Specific Situation
In conclusion, what qualifies as a significant change in circumstances in New Zealand family law depends on the unique facts of each case. Changes that materially impact the welfare and best interests of a child, such as major alterations to their care arrangements or living situation, are more likely to meet the threshold. However, minor or temporary changes may not be sufficient.
If you believe there has been a significant change in circumstances that warrants varying a parenting order or other family court order, it’s crucial to seek independent legal advice. An experienced family lawyer like Naomi Cramer can assess your situation, advise you on the merits of making an application, and guide you through the legal process. Don’t hesitate to reach out for help navigating this complex area of New Zealand family law.
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.
