Best Child Visitation Lawyers in New Plymouth

About Child Visitation Law in New Plymouth, New Zealand

Child visitation, often referred to as contact in New Zealand law, is the process by which a parent or guardian who does not have day to day care of a child maintains their relationship with the child through scheduled visits and communication. In New Plymouth, child visitation falls under the jurisdiction of New Zealand’s Family Court, which operates to ensure the best interests and welfare of the child are protected. If parents cannot agree on visitation arrangements, the court can formalize these through a parenting order.

Why You May Need a Lawyer

Seeking legal help with child visitation in New Plymouth can be important for several reasons. Disagreements about visitation schedules, fears about a child's safety, relocation disputes, or issues of parental alienation often require professional advice. If your former partner is denying you contact or if you are concerned about your child's wellbeing during visitation, a lawyer can advocate for your rights and help you navigate the court system. Additionally, legal advice is valuable for negotiating or modifying existing visitation orders as circumstances change.

Local Laws Overview

Child visitation in New Plymouth is governed primarily by the Care of Children Act 2004. This law sets out the rights and responsibilities of guardians and covers situations in which the Family Court may intervene in disputes about contact or care arrangements. The paramount consideration is always what is in the best interests of the child. The Family Court will encourage parents to resolve issues through mediation, but can issue parenting orders that specify who the child will have contact with, at what times, and under what conditions. Local court protocols and available community services can help families reach suitable agreements.

Frequently Asked Questions

What is the difference between custody and visitation in New Plymouth?

Custody refers to who has the day to day care of the child, while visitation, or contact, refers to the arrangements for the child to spend time with the other parent or guardian.

What factors do courts consider when deciding on child visitation arrangements?

The main factor is the best interests and welfare of the child, including their safety, their relationship with each parent, their views if they are of mature age, and any history of violence or abuse.

Can I deny visitation if I feel it is not safe for my child?

If you have genuine concerns about your child's safety, it is important to seek legal advice immediately. Denying contact without a court order or good reason can affect your case in court. In urgent cases, the court can impose supervised contact or suspend contact altogether.

How do I apply for a parenting order for visitation in New Plymouth?

You can apply to the Family Court for a parenting order by filling out the required application forms. Legal advice is recommended to ensure your application details your concerns and preferences appropriately.

Is mediation required before going to Family Court?

Yes, in most cases, parties are required to attend Family Dispute Resolution (FDR) mediation to try to resolve matters out of court, unless it is unsafe due to family violence or other exceptional reasons.

Can a child refuse to see a parent during a court-ordered visit?

While the child's views are taken into account, the court ultimately decides what is in the child’s best interests. If a child is distressed about visitation, this should be communicated to the court.

Can visitation orders be changed once made?

Yes, if circumstances change, either parent can apply to the court to vary an existing parenting order. Significant changes might include relocation, new safety concerns, or major changes in the child's schedule.

What happens if a parent breaches a visitation order?

The affected parent can apply to the court for enforcement. The court has the power to impose penalties or even vary the existing arrangements in serious cases of non-compliance.

Is grandparent visitation permitted in New Plymouth?

Yes, under the Care of Children Act, any person, including grandparents, can apply for a contact order if it is in the best interests of the child.

How long do visitation disputes typically take to resolve?

The timeframe varies depending on the complexity of the case and whether parties can agree through mediation. Urgent cases where a child's safety is at risk may be fast tracked by the Family Court.

Additional Resources

If you need more information or support related to child visitation, you may find the following resources helpful:

• New Plymouth Family Court - Local court handling child visitation disputes and applications
• Community Law Taranaki - Free legal advice and support services
• Family Dispute Resolution (FDR) services - Mediation for parenting disputes
• Oranga Tamariki - Ministry for Children - For concerns about child safety and wellbeing
• Citizens Advice Bureau - Information and referral to community resources

Next Steps

If you are facing challenges with child visitation in New Plymouth, start by gathering relevant documents such as communication records, previous agreements, and any notes regarding your child's wellbeing. Consider seeking advice from a local lawyer who specialises in family law. They can provide tailored guidance and help you understand your options. If appropriate, attend a Family Dispute Resolution session to negotiate with the other parent. In urgent cases concerning the safety of your child, contact the police or Oranga Tamariki immediately. For ongoing legal matters, your lawyer can help you prepare and submit court applications and advocate for the best interests of your child throughout the process.