13 Queens Road
Panmure
Auckland
New Zealand
mail@dglaw.co.nz
Telephone: 09 5745316
Fax: 09 5709529
Contact Us
Join our Mailing List
Register an Account
Subscribe to our RSS Feed.
Most problems occur when separated couples are unable to agree on childcare arrangements.
This may be because both want to be the primary caregiver for the children, or because they have different views on when the children should be able to see the other parent.
There are many ways to resolve this. It is beneficial to try counseling, or mediation before having to go to court.
We can help you with making the arrangements for counseling or assist you with going to a mediation.
If the situation cannot be resolved by agreement then we can help you make an application with the Family Court to get a parenting order.
A parenting order can specify who becomes the primary caregiver (it can even be shared care on a 50/50 basis).
Part of the Parenting Order is that it will lay out ground rules for when and how contact between the children and the parents occur.
Parents of a child are the child's guardians until they turn 16.
Once a child turns 16 they will no longer be under the jurisdiction of the Family court and any court orders become ineffectual.
If you have a particularly bad separation and your ex-partner is threatening to leave New Zealand and take the children, then you can take steps to stop this.
An application to the family court for an order preventing removal of a child or children can be made, which results in a notification to Interpol and the New Zealand Customs.
These applications are usually urgent and time is of the essence.
If you suspect that this might be happening, please contact us as soon as you can.
Delay can mean that the order is granted too late, after the child is already gone from New Zealand.
Under New Zealand law, you must have been separated from your spouse for at least 2 years before a Divorce (Dissolution of Marriage) can be granted.
This is usually a straightforward procedure, but you will need to provide an original of your marriage certificate.
If you no longer have an original we can help you gt a new one issued.
Please contact us for more information.