Parenting Orders

Parenting Orders replace what were previously known as Custody / Access orders. Parenting Orders are prepared by the Family Court who will make decisions based primarily on the welfare and best interests of the child. One or more parties can request that a Parenting Order is prepared.

The Family Court

The Family Court is a division of the District Court. It was established as a place where New Zealanders could get help with family problems. The Family Court assists with a variety of issues affecting families, including parenting through separation and divorce, relationship property, family violence and adoption.

The Family Court aims, wherever possible, to help people sort out their own problems by way of counselling, conciliation and mediation. They provide advice, free counselling and can appoint judges to mediate in disputes where required.

Where a dispute cannot be settled in this way, a defended hearing will be held and a decision made by a judge. It is only a small number of cases where disputes would progress to a full Court hearing.

The Court may ask an expert to prepare a specialist report to help decide the case, for example, a report by a psychologist or a report on a child’s cultural background. The Court can also ask CYFS to prepare a report.

 

What are the steps in the process for obtaining a Parenting Order?

Below are all the possible steps that could occur if parties were unable to settle their parenting disputes and it progressed to a defended hearing in the Family Court:

  • Application for parenting order by one or more parties
  • Referral to counselling
  • Round-table meeting between the parties and their lawyers
  • Judicial conference
  • Mediation conference
  • Lawyer for child appointed
  • Report(s) from Child Youth & Family, if relevant
  • Report(s) from a psychologist (optional)
  • Family Court Hearing (sometimes called a ‘Defended Hearing’) in which orders are made.

The quickest and cheapest option for both parties is to agree out of Court. In this instance, cases of average complexity may take four to eight months to conclude. This will depend on how quickly parents can reach agreement and through what channels. Only one percent of cases go to a full hearing at the Family Court, these cases can take nine to eighteen months.

 

How we can help

Family law is our specialist area and we are committed to obtaining the best possible outcome for our clients. This involves careful analysis of our client’s situation and objectives early on in the process. A clear plan of action and a carefully reasoned approach the beginning, often reduces our client’s overall costs and avoids unnecessary argument.

Our extensive advocacy experience and direct approach will benefit you in mediations and negotiations with the other party.

If your case progresses to a defended Family Court hearing you can be assured that you are in capable hands. We have extensive experience in both briefing and cross-examining experts at a Family Court hearing. We have ready access to top experts who have a proven record of providing opinions which are respected in negotiations or in the Family Court. From our experience in resolving complex or unusual issues, we have the skills to help focus experts and ensure we get the best possible evidence from them.

Please call us to arrange an appointment. At our first meeting with you, we will explain the law, your options and the outcome you can reasonably expect. We will also advise a fixed fee for your case and the likely time it will take to settle. You may be entitled to legal aid, we will be able to advise you on this.

 

You can assist us by providing:

  • a summary of your case and what you seek
  • a diary of important events that have occurred
  • documents and correspondence
  • school, medical reports and other documentation
  • courses you have attended (for example parenting or anger management).

 

Urgent Parenting Orders

We can help you apply for an urgent Parenting Order if required.

 

Free counselling and mediation

The Family Court strongly recommends counselling as a way to help sort out disputes. They will arrange free and confidential counselling for couples who are having problems with their relationship, or who are separating and need help reaching agreement on one or more important issues, such as arrangements for care of their children.

You can contact the Family Court directly to arrange counselling or if you engage us as your lawyers, we can do this for you.

You can ask for counselling at any time, even if the Family Court is not already involved in the matter. If the Family Court is already involved, you can ask for counselling at any stage of the Court process. The Court will pay for up to six counselling sessions in each 12-month period.

If an application for a parenting order is filed, the parties are automatically referred to counselling to try to sort matters out. You can apply to dispense with counselling if you think it would serve no useful purpose or is inappropriate.

If you cannot agree at counselling, mediation is often attempted. A Mediation Conference is a chance for both sides to discuss their differences with a Family Court Judge, and try to reach agreement. The Judge runs the conference and makes sure each person gets a chance to say what they think. Please contact me if you would like more information on this process or to discuss your options.

 

Representation of children

Jeremy is appointed by the Courts to act for children in difficult family situations. He has a particular interest in child offending and also intellectual disability, mental health and other related issues. Jeremy has also been appointed regularly as Counsel to assist in the Youth Court and Family Court in these areas. This has given him a unique insight to the needs of children and young people, and he is a passionate advocate for their wellbeing.

 

When mental health is an issue

We are experienced in dealing with this situation and can advise you how to obtain the best solution for you and your children. Please arrange an appointment so we can talk through your specific circumstances.

 

Parental alienation

Parental alienation is where, for whatever reason, a child is reluctant to have contact with one of the parents and in many cases has no contact with that parent.

This is a difficult situation which can have a huge impact on the parent and on the child. We have handled many of these cases and have the experience to represent you throughout the process. We work with top experts who provide opinions in negotiations and in Court, to ensure you obtain the best possible outcome for you and your child.

 

Parent’s Rights

Many parents feel their rights are not being respected or taken into account by the Family Court. Jeremy is both a Family lawyer and has a passion for human rights in family law cases in the highest courts.

What are the rights of parents in relation to their children?

The answer to this question is contained in the Care of Children Act 2004. The Care of Children Act deals with all parenting cases. The rights of parents to see their children and take care of them are not as some think, without qualification.

The key feature of the Care of Children Act is looking at the welfare of the child in family disputes. The Act states that:

“The welfare and best interest of the child must be the first and paramount consideration”

This means the rights of the parties are subject to the welfare of the child. Parents often ask “what about my rights?” The answer is that the parent’s rights are always subject to the best interests of the child. There are often conflicts between those rights and interests.

In NZ, the Bill of Rights Act 1990, which deals with individual’s rights and freedoms, also has to be taken into account. There are many ways that your rights may need protection and are part of the Bill of Rights. Professionals within the Family Court process need to treat you fairly, including any lawyer for child and court appointed expert. If there are long delays in the Family Court process, then that is a matter your lawyer should investigate. You have rights to a fair process, natural justice and to be given a fair hearing. Your lawyer should advocate for you to make sure your rights are upheld.

Jeremy is an experienced lawyer in this field, contact him on 09 263 6953 or email him on jeremy@jeremysutton.co.nz to make an appointment.