Child Custody Rights

Often the most significant issue to deal with upon separation is the care of your children. It is important to obtain legal advice to determine your rights and obligations.

We will fight for a father’s right to his child or a mother’s right to hers, depending on the situation. We are specialists in NZ child custody rights for mothers & fathers and can get you the best outcome possible.

Parents can reach their own agreement regarding the care arrangements for a child upon separation. It is not a legal requirement to obtain a court order or written agreement. It depends on what is right for your family and the situation. Some parents may have a verbal agreement, whereas others may seek the assurance of a written parenting agreement. Typically, a parenting order made by the court is only necessary if parents cannot agree on a child’s care arrangements.

There is no set formula to apply when determining what care arrangements are most appropriate for a child. The focus is on what is in a child’s best interests, varying from family to family. Relevant factors will include:

• Any safety issues for the child in being in either parent’s care
• The child’s relationship with and attachment to each parent
• Each parent’s involvement in the child’s life and how the parents communicate with each other.

Whether it’s offering support for fathers or actioning child custody rights for mothers in NZ, our lawyers have a wide range of experience regarding custody arrangements. Obtaining advice on the most appropriate arrangement will allow you to understand how best to address ongoing care. Often, an interim arrangement is put in place while the parents get through the division of their assets. A final arrangement is implemented once the parents have more certainty about their long-term living circumstances.

There are also obligations in terms of guardianship decisions for a child. Guardianship decisions affect a child’s life, including their school, residence, and name.

Guardianship decisions require consultation between the parents before coming to a decision. If parents cannot agree on a guardianship decision, it is possible to negotiate between lawyers. Additionally, there are options in terms of alternative dispute resolution. If you cannot resolve the matter, court proceedings may be required.

Sometimes there are urgent issues for a child that must be addressed immediately. Such issues may include a parent unilaterally removing a child from the care of their primary caregiver without consent. Another example is placing a child’s safety at risk or moving a child to another city without the other parent’s consent.

It is possible to make an urgent application to the Family Court to address these issues. However, you must meet a particular threshold to obtain an urgent court order. Therefore, legal advice is important to ascertain whether your circumstances meet the required threshold.

Every family is different, and we have helped hundreds of them! We believe in getting the best results for children, from fighting for a father’s right to his child to advising on custody rights for mothers in NZ.

If you would like assistance with matters regarding the care of children, don’t hesitate to get in touch with Sharon to arrange an appointment.