Your Guide To Child Custody In New Zealand

Seeking child custody is a tough battle for both parents. While parents can reach an agreement out of court, there are instances when they need to handle the case with the Family Court in New Zealand.

Whether you're aiming to know a father's right to his child or the child custody rights for mothers in NZ, here's your guide to child custody in New Zealand.

How does the child custody process work in NZ?

In most cases, Kiwi parents can settle a child custody agreement outside the Family Court. In ideal settings, both parents will agree on a parenting plan for their child which lays out the care arrangement.

You can fortify this agreement by asking the Family Court, which handles family-related legal cases in the country, to turn the private agreement into a Consent Order. This step is crucial, especially if the father or mother doesn't follow through with their end of the deal. Although if either party can't reach an agreement, here are the following steps to take:

Participate in a Parenting Through Separation course

Before involving the Family Court in accessing a father's right to his child or custody rights for mothers in NZ, take a Parenting Through Separation course first. This free course takes half a day to accomplish and can help parents understand what's best for their children.

Seek mediation through family dispute resolution

If both parents still can't reach a child custody agreement, the next step is to seek a family dispute resolution provider for mediation. Your provider can become an impartial mediator between both parties and help you patch the disagreement.

Appeal to the Family Court for a Parenting Order

If the steps above have been unsuccessful, the last and most effective resort is to take it to the Family Court of NZ. A family lawyer will walk you through a father's right to his child or child custody rights for mothers in NZ.

On top of that, a lawyer can guide you through the Family Court application process. Check with your law firm if you're eligible for legal aid to help shoulder relevant legal costs.

Afterwards, the Family Court will process your application and give the other parent a copy so they can respond. After processing, you will get a time and date of your court appearance and a document of the other parent's response.

Your lawyer will represent you in court, and you can bring a support person to be with you. Your child or children will not attend the hearing, and the masses are not allowed inside the courtroom. The Family Court is less formal and stern than other courts. There's no need to stress too much. Your lawyer will explain everything clearly and speak for you and the courtroom.

After the court settles the agreement, the court can make a Final Parenting Order that enforces child custody rights and arrangements and is liable to the law in case one of the parents breaks the agreement.

Seeking expert legal advice can give parents additional knowledge on a father's right to his child or child custody rights for mothers in NZ. Before escalating a child custody case to the Family Court, seeking a family lawyer's help and considering other arrangements is best. After all, your child's wellbeing in the care of the custodian parent should matter the most.