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Free Guide to Hiring a Family Lawyer
This guide outlines how child visitation - often called contact or time with a child - is handled for people living in Feilding, New Zealand. Child visitation matters in New Zealand are governed mainly by the Care of Children Act 2004 and are decided by the Family Court, which is part of the District Court system. The central legal principle in all parenting and contact decisions is the best interests and welfare of the child - the court focuses on what arrangement most supports the childs safety, stability and development.
Terms you will hear include guardianship, parental responsibility, parenting orders, contact, and residence. Parents and other people with a genuine interest in a childs welfare - for example grandparents or caregivers - can seek court orders about who the child lives with and how time with others is arranged. In practice many families reach agreed parenting plans or consent orders without a contested court hearing. Where disputes are serious, urgent or involve safety concerns, the court, police and Oranga Tamariki - Ministry for Children - may become involved.
Family law matters can be emotionally charged and legally complex. You may want to consult a lawyer in these common situations:
- There is a dispute about who the child should live with or how much time should be spent with each parent or carer.
- There are allegations of family violence, abuse, neglect or drug and alcohol problems that affect the childs safety.
- You plan to relocate the child long term within New Zealand or overseas and the other parent objects.
- The other party is not following an existing court order and you need enforcement or variation.
- Oranga Tamariki has become involved or may seek care and protection action.
- You need urgent interim orders - for example, to prevent a child from being removed from New Zealand or to secure immediate protection.
- You need help negotiating or drafting a parenting plan or consent orders to avoid future disputes.
- You have complex issues such as grandparents contact applications, multiple caregivers, or cross-jurisdictional matters involving another country.
Key legal features relevant to child visitation for people in Feilding include the following:
- Best interests principle - All decisions under the Care of Children Act are made with the childs best interests and welfare as the first and paramount consideration.
- Parental responsibility and guardianship - Guardians have legal responsibility for major decisions about the childs upbringing. Guardianship can affect who can apply for residence or contact orders.
- Parenting orders and consent orders - A parenting order is made by the Family Court after an application. Parents can also make a parenting plan and seek that plan to be made into a consent order, which the court will make if it is satisfied the arrangement is safe and in the childs best interests.
- Family dispute resolution - Before applying to court for parenting orders, parties are normally required to attempt family dispute resolution such as mediation unless an exemption applies - for example where there has been family violence or urgency.
- Urgent protection and family violence - If there are safety concerns, parties can apply for urgent interim orders or protection orders under family violence laws. Police, courts and Oranga Tamariki have powers to act quickly when a childs safety is at risk.
- Enforcement and variations - The court can enforce parenting orders, and either parent can apply to vary an order if circumstances have changed. Breaches can lead to enforcement steps and, in some cases, sanctions.
- Legal aid and costs - Legal aid is available for some family law matters on a means and merits basis. Private lawyers can assist with negotiation, court representation, and drafting documents.
- Local court jurisdiction - Feilding residents typically use Family Court services based in the Manawatu region, including the Palmerston North District Court - Family Court. Local social support providers and mediation services are commonly used in Feilding and surrounding towns.
Begin by trying to reach an agreement with the other parent or caregiver. If you can reach an agreement, put it in writing as a parenting plan and consider asking the court to make it a consent order. If you cannot agree, you should usually attend family dispute resolution or mediation before applying to the Family Court, unless there is an exemption such as family violence or urgent safety concerns.
The court looks at the childs best interests and welfare. Factors include the childs physical and emotional needs, the childs views if they are old enough to express them, each adults ability to care for the child, the childs relationship with each person, family violence or safety risks, and the childs cultural and community connections.
Yes. People who have a significant relationship with the child - such as grandparents - can apply to the Family Court for contact orders. The court will assess the application using the childs best interests test. Grandparents seeking contact should provide evidence of their relationship with the child and the benefit the contact would bring.
Mediation and family dispute resolution are encouraged and often required before court applications. Mediation gives parents a chance to reach a workable agreement with the help of a neutral mediator. If mediation fails or is inappropriate due to safety risks or urgency, you can apply to the Family Court for orders.
Not necessarily. Family violence or risk to the childs safety can be an exemption from the mediation requirement. If there are safety concerns, tell the dispute resolution provider or the court, and seek legal advice immediately. You may need urgent protection orders or interim parenting orders instead of mediation.
If a parent intends to move the child a significant distance or overseas, they should obtain the other parent or guardians consent or apply to the court for permission. If the move is contested, the court will consider how the relocation affects the childs relationship with the other parent and whether arrangements can protect the childs welfare. Relocation without consent can lead to legal disputes or urgent court action.
Yes. The Family Court can take steps to enforce parenting orders. Enforcement options include directions, penalties, or variations of the order. In serious cases, the court can take stronger enforcement action. If the other parent breaches an order, keep records of missed time or communications and seek legal advice on enforcement.
Legal fees vary depending on the complexity of the matter, the lawyer's experience and the amount of court time needed. Legal aid is available for certain family law matters for people who meet financial eligibility criteria and where the matter has merit. Contact local legal aid services or community law centres to check eligibility and get help with applications.
Bring identity documents, a clear timeline of events, records of communication with the other parent, any existing court orders or agreements, reports or evidence of safety concerns such as medical or police records, and details of the childs current living and schooling arrangements. A clear list of goals for the outcome will help your lawyer advise you effectively.
Yes. The court may take into account the childs views if the child is mature enough to express them. For younger children the court will consider behaviour and best interests. Sometimes an independent social worker, psychologist or lawyer for the child may be appointed to report on the childs wishes and circumstances.
Useful organisations and resources for people in Feilding seeking help with child visitation include:
- Palmerston North District Court - Family Court services - for filing applications and court dates.
- Ministry of Justice - information on family law processes, forms and legal aid eligibility.
- Oranga Tamariki - Ministry for Children - for child protection and care and protection concerns.
- Manawatu Community Law or your local community law centre - free legal information and referrals for eligible people.
- Citizens Advice Bureau - Feilding - practical information and referral services.
- Family Dispute Resolution and mediation providers in the Manawatu region - for mediation and parenting facilitation.
- New Zealand Law Society - to find a lawyer who specialises in family law.
- Victim Support and local family violence support services - for safety planning and support if there is family violence.
- Parenting programmes and counselling services such as Family Works and Plunket - for parenting support and child wellbeing services.
If you need legal assistance with child visitation in Feilding, take these practical steps:
- Gather information - collect any existing court orders, correspondence, records of incidents relevant to the childs safety, and details about the childs daily care, schooling and medical needs.
- Seek a local consultation - contact a family lawyer, community law centre or Citizens Advice Bureau to get an initial assessment of your situation and options. Ask if they handle Family Court matters in the Manawatu region.
- Consider mediation - where safe and appropriate, try family dispute resolution to reach a parenting plan. Mediation is often quicker and less costly than going to court.
- Apply for urgent protection if needed - if the childs safety is at risk, contact police, Oranga Tamariki or seek urgent interim orders from the Family Court.
- Check legal aid - if cost is a barrier, check whether you are eligible for legal aid to cover legal representation.
- Prepare for court if necessary - if court is the only option, work with your lawyer to prepare evidence, witness statements and a clear proposal for a parenting arrangement that focuses on the childs best interests.
This guide is for informational purposes and does not replace personalised legal advice. For decisions that will affect a childs long-term welfare, consult a family lawyer or an accredited family dispute resolution practitioner who understands family law practice in the Manawatu region.
