Care of Children
Pier Law can assist in a range of child-related matters including providing legal advice, negotiating agreements such as parenting plans or custody agreements, providing representation in court, modifying existing orders or enforcing custody and visitation orders.
Care & Contact Arrangements For Children:
“Care and contact” refers to the legal arrangements regarding the care, upbringing, and contact with a child in the context of parenting orders. The Care of Children Act 2004 governs these matters.
According to the Act, “care” includes the day-to-day decisions and responsibilities involved in raising a child, such as providing for their physical needs, ensuring their safety and well-being, and making decisions about their education, health, and general welfare.
“Contact” refers to the time spent between a child and a parent or other significant people in their life, which may involve direct face-to-face contact, phone calls, video calls, or other forms of communication.
Parenting orders aim to determine the specific arrangements for care and contact, taking into consideration the best interests of the child. The orders may address issues such as the child’s living arrangements, visitation schedules, decision-making authority, and any special considerations or restrictions that need to be taken into account.
Guardianship Disputes:
A “guardianship dispute” refers to a legal conflict or disagreement regarding the rights and responsibilities of guardianship over a child.
A guardian is a person who has legal authority and responsibility for making significant decisions about a child’s upbringing, welfare, and development. This includes decisions related to education, health, religion, and general welfare.
A guardianship dispute can arise when there is disagreement or conflict between individuals who have a claim to guardianship rights over a child. This typically occurs in situations involving separated or divorced parents, extended family members, or other parties with a significant relationship to the child.
Guardianship disputes can involve various issues, such as disputes over custody, access arrangements, decision-making authority, relocation, or any other matter related to the child’s welfare and upbringing.
When a guardianship dispute arises, it may be necessary to seek resolution through negotiation, mediation, or, in some cases, court proceedings. The court’s primary consideration in guardianship disputes is the best interests of the child, and the court aims to make decisions that promote the child’s well-being and ensure their rights and welfare are protected.
Orders Preventing Removal of Child:
Section 77 of the Care of Children Act empowers the Family Court to make orders preventing the removal of a child from New Zealand without the consent of the court. These orders are typically issued when there is a concern that a child may be at risk of being taken out of the country without proper authorisation or in contravention of custody or guardianship arrangements.
The court may impose conditions or restrictions on international travel, require the surrender of passports or travel documents, or take other necessary measures to prevent the child’s removal from New Zealand without appropriate consent.
These orders are made to protect the best interests of the child and ensure compliance with custody, care, and guardianship arrangements determined by the court. They help safeguard the child’s well-being and maintain stability in their living arrangements.
Paternity:
Paternity orders are legal orders issued by the Family Court to establish the legal father-child relationship. They are used to determine the legal rights and responsibilities of a father in relation to a child.
Paternity orders may be sought in situations where there is a dispute or uncertainty about the biological father of a child, or when a father wishes to establish legal recognition of his parental status.
The process of obtaining a paternity order typically involves filing an application with the Family Court. This application may require providing evidence such as DNA testing results, statements from parties involved, or any other relevant information that can help establish paternity.
Once the court is satisfied that paternity has been established, a paternity order may be issued. This order legally recognises the man as the child’s father, and it carries legal implications regarding parental rights, obligations, and access to the child. It may also impact matters such as child support, custody, and visitation arrangements.