Family Law

Have you been served with Court documents?

Do you want to know your parental rights?

Do you have a complex case that requires a specialist lawyer?

We are experts in this area

We specialise in Child Custody and Access cases and have successfully represented our clients all over New Zealand. We will help you understand your rights and ensure the matter is handled sensitively, and as efficiently as possible in terms of cost and time. We have experience with complex and unusual cases and are passionate about obtaining the best possible outcome for our clients.

Our expertise includes

Please call Jeremy on 09 263 6953 or email him on jeremy@jeremysutton.co.nz to make an appointment. We will explain the law and discuss your specific concerns. We also have a full range of services relating to divorce and division of relationship property.

Terminology

The new Care of Children Act emphasises the responsibilities both parents have towards their children, rather than the rights they may have as parents.

The old term ‘custody’ is replaced by ‘day-to-day care’ of the children. This means having a child live with you on a daily basis, and being responsible for everyday things like making sure they are safe, their attendance at school and that they are warm and properly fed. Parents or caregivers may share day-to-day care, splitting the time in a way that works best for the children and the family’s circumstances.

A parent who doesn’t have day-to-day care of the children will be encouraged to have contact with them. This was previously called ‘access’.

The Care of Children Act replaces ‘custody orders’ and ‘access orders’ with Parenting Orders.

Guardians are usually, but not always, the parents of a child. A guardian’s responsibilities are to help make the big decisions in a child’s life. For example, where they live, where they go to school, major medical treatment, and what their culture, language and religion will be.

 

Frequently asked questions

What do we need to do if we separate?

There is no ‘usual’ procedure. It is beneficial to everyone if the parents are able to reach agreement on the care of their children. If this is the case, no legal assistance is necessary.

To ensure arrangements are clear, it is a good idea for parents to work together to draw up a Parenting Plan or Agreement. Where parents are unable to agree on a plan, or to follow an agreed plan, then an application can be made to the Family Court to prepare a Parenting Order.

One of the key things parents will need to agree on is how the day-to-day care of children will be funded. See our section on Child Support.

 

When should I contact a lawyer?

You can contact us at any stage of your separation. Most people contact us when they want to fully understand the law, before making any major decisions.

We will outline your rights, including options for resolving issues and the Family Court process. We can ensure your interests and your children’s interests are protected.

It is preferable that you are able to come to an agreement with the other party yourself, but we recommend you seek independent legal advice before signing important agreements relating to children or property.

 

What is the likely cost for legal fees?

The cost will depend on the complexity of your case and whether the other party is in agreement, as this will determine how much of our time is required. We usually charge a fixed fee, which means our clients are clear from the outset what the charges will be. At our first meeting with you, we will agree the fee and discuss the timing for payment. We normally bill an installment of the payment every three to four weeks.

 

How do I keep my legal fees at a lower level?

The best way to keep costs low is to work with the separated partner to come to an agreement. Also, you can do a lot of the preliminary work yourself. For example, if you are intending to apply for a Parenting Order, write out the history of your relationship and your proposals, including the contact you want your ex-partner to have with the children.

 

Will I be able to obtain legal costs from the other party if I am successful in my application?

In the vast majority of cases, no award of costs is made. The exception might be situations where the other party is not represented by a lawyer and has obstructed or delayed the process.

 

How long will my case take?

Again it depends on the complexity of your case and whether the other party is in agreement. We advise our clients to reach an agreement out of Court where possible, and this will speed up the process. We can assist you to do this, for example, through meetings with the other party and their lawyer or through mediation. Cases of average complexity that don’t go to Court usually take four to eight months. Cases that need to be decided at the Family Court may take as long as nine to eighteen months. At our first meeting, we will advise you of your options and estimate the time each option will take.

 

Can you act for me if I live overseas?

Yes, we represent overseas clients in all areas of the law, and particularly in New Zealand family law. We will arrange contact times and methods that suit you. Please call us to discuss your situation.