A.     We can certainly assist you with your parenting matter. There are several options, depending on whether you think you will be able to reach agreement by consent with your ex partner or not. We can give you a fixed fee price estimate for each option. Generally we will have an initial meeting for a one off fee, after which we can provide you with a fee estimate. The estimate for this type of work can be fixed, and we would expect payment of that fixed fee upfront usually.

 A:     At the same time that you apply for a protection order, you can also apply for an order that gives you the exclusive right to live with your children in the family home. Your former partner would be required to leave the home. These orders are usually made on a temporary basis to let both parties decide where they will live in the future. We can assist you with making an application for a protection order, and any other orders that may be necessary.

A.      The law relating to proceeds of crime in New Zealand has changed with the introduction of the Criminal Proceeds (Recovery) Act 2010. This introduces a civil forfeiture regime. A conviction will not always be required for proceeds to be forfeited. When it is alleged that a person’s assets exceed what they could have gained from legitimate activity, their assets may be forfeited. The onus of proof is on the person to prove otherwise. You may have grounds to oppose the application. You should make an appointment to come in and see us as soon as possible so that the appropriate documents can be filed in the High Court.

A.      Although you are not required to have a lawyer, we have spoken to people in similar positions and are happy to do a one off consultation for a fee. We can help you understand the process and if your partner needs a lawyer we can also assist. Alternatively you can contact victim support through the court to express your views on what has happened.

A.     Given you have only recently separated, and if there are no other issues involving violence or safety, it might be possible to arrange a parenting agreement between you and your partner without going to court.  We would generally also recommend counseling at this stage, which can be free through the Family Court.  We can even get legal aid for this type of work – under a step called pre-proceedings settlement.  This is where our aim is to negotiate an arrangement without filing proceedings.  If the negotiation fails, we can always look at the next step of filing proceedings

A.     Yes we may be able to help.  You will need a sealed copy of the judgment and we can then enforce it through various options.  If the person is working, you can apply to have an order to take out a certain amount of money each week, and there are other options too.  Please give us a call on (09) 263-6953.

On occasion we act for clients who want to oppose an application for maintenance brought by their former partner. Earlier this year, for example, we helped a client successfully oppose his wife’s application for interim maintenance. Both parties were well-educated and had held high-paying jobs throughout the marriage.

On separation, the wife made the decision to leave her high paying job and return to tertiary study. The husband took a new, lower-paying job. The court held that it was not reasonable for the wife to voluntarily resign from her job immediately after separation and then plead poverty in her claim for maintenance. The court considered that a reasonable person would have taken advice from family, friends and a lawyer before making such a significant decision. Furthermore, the wife’s ability to readily find employment at a salary close to what she earned during the marriage meant that she could reasonably be expected to meet her own financial needs in the immediate future.

Our client was pleased with the result we obtained. The case also serves as a cautionary tale against making hasty decisions immediately after separation that could affect your future legal position and entitlements.

 A: Under the Care of Children Act 2004, you can only apply for a parenting order in respect of children under the age of 16.  Given that your daughter is 15 years old, it is unlikely that the Court would be willing to consider any application to formalise any childcare arrangements by way of order.  There are other options outside of the Court process that you may wish to consider, however, such as counselling or a parenting agreement.  If you would like to discuss these options further with us, please contact our office.

A: If there is a threat that your daughter will be taken out of New Zealand we can request that a ‘stop’ be placed on your daughter’s passport with Interpol. This will mean that your daughter is not able to get through customs at the airport and leave the country. Your ex-wife will still be able to travel if she would like to. We can also apply for an Order from the Court to prevent your daughter being taken out of New Zealand. 

 A: The country children are bought up in is a guardianship matter. As parents, this is an important decision that you and your ex-partner should make together. If you can’t agree on what should happen, you can make an application to the Court to resolve the dispute for you. Going to Court is not the only option and we We work with you to find the solutions that are best for your family.