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In Whakatane and throughout New Zealand, child custody laws, referred to as Care of Children, are designed with an emphasis on the best interests of the child. There are often a lot of emotions involved, and these laws aim at ensuring that in any dispute, the welfare and best interests of the child are treated as paramount.
Parents might need a lawyer if they are unable to reach an agreement on care and contact arrangements for difficult situations such as divorce, separation or family disputes. Legal professionals can provide accurate advice that takes the uniqueness of each family's situation into account and guide you through processes, court hearings and drafting of parental agreements.
Local laws in Whakatane related to child custody involve key elements like guardianship, day-to-day care and contact. In case of any disputes, the Family Court can make orders regarding these. Guardianship includes making important decisions about the child's upbringing. Day-to-day care, earlier called ‘custody’, refers to who the child will live with. Contact, earlier called 'access', looks at who the child can visit or have some form of interaction with. It's also worth noting that local laws encourage parents to reach an agreement outside court, if possible.
The court considers several factors when determining a child's best interests, such as their age, physical and emotional well-being, the quality of the relationship with each parent, the child's wishes (depending on age and maturity), and any history of family violence.
A child cannot automatically choose who they live with; however, the child’s views are considered, and given weight depending on their age and maturity.
Joint custody, also referred to as shared care, means both parents share the responsibility for making decisions about how their children are raised and also share in their day-to-day care.
The court takes into consideration who the primary caregiver was prior to the dispute, the conduct of the parents, the home environment, and who would best maintain a stable environment for the child. The primary consideration is always the best interest of the child.
Yes, grandparents can apply for day-to-day care or contact with a grandchild if it’s in the child’s best interests. However, these cases are reviewed on a case-by-case basis.
Local resources like the Whakatane Family Court, community law centers, family dispute resolution services, and local family-oriented non-profit organizations can provide additional support. The New Zealand Government's official website has a wealth of information and resources on Care of Children laws.
If you need legal assistance with child custody matters, it's advisable to start by consulting with a local family lawyer who specializes in child custody cases. They can provide comprehensive advice and guide you through the process. It could be beneficial to collect and organize all relevant documents and information related to your case, such as evidence of parenthood or guardianship, prior living arrangements and care arrangements of the child, and any applicable documents related to your child's wellbeing. Always ensure to express any concerns about your child's safety immediately to the authorities, if applicable.
