Child Custody Lawyers Auckland

Expert legal representation for parenting arrangements and custody disputes.

Child Custody Legal Services

Child custody matters are often the most emotionally challenging aspects of family law. Our experienced Auckland child custody lawyers provide compassionate guidance and strong advocacy to protect your children's best interests and your parental rights.

Our Child Custody Services Include:

Parenting arrangements and care agreements
Contested custody disputes
Parenting Order applications
Modification of existing custody arrangements
Relocation disputes
International custody matters and Hague Convention cases

Understanding Child Custody in New Zealand

In New Zealand, the law focuses on the care of children rather than custody rights. The Care of Children Act 2004 governs parenting arrangements after separation, with the child's best interests being the paramount consideration.

Day-to-Day Care and Contact

New Zealand law uses the terms "day-to-day care" (formerly custody) and "contact" (formerly access) to describe parenting arrangements. Both parents can share day-to-day care, or one parent may have primary care while the other has contact.

Parenting Agreements

Parents are encouraged to reach their own agreements about care arrangements. These can be informal or formalized through a Parenting Agreement or Consent Order.

Parenting Orders

When parents cannot agree, the Family Court can make Parenting Orders determining day-to-day care and contact arrangements. Before applying to court, parents usually must attend Family Dispute Resolution mediation.

The Child's Voice

Children's views are considered in custody decisions, with weight given according to their age and maturity. The court may appoint a lawyer to represent the child's interests.

Our Approach to Child Custody Cases

Child-Centered Focus

We prioritize your children's wellbeing while advocating for your parental rights and relationship with your children.

Negotiation and Mediation

We emphasize cooperative solutions where possible, helping you reach agreements that work for your family.

Strong Court Advocacy

When litigation is necessary, we provide robust representation to protect your children's interests and your parental rights.

Practical Solutions

We develop parenting arrangements that are workable in practice and adaptable to your family's changing needs.

Child Custody FAQs

How are child custody decisions made in New Zealand?

In New Zealand, child custody (legally called 'day-to-day care') decisions are made based on the best interests of the child. The Care of Children Act 2004 guides these decisions. Courts consider factors like the child's relationship with each parent, their safety, the ability of parents to cooperate, and sometimes the child's own views depending on their age and maturity.

What is the difference between day-to-day care and contact?

In New Zealand legal terminology, 'day-to-day care' (formerly called custody) refers to who the child lives with and who makes daily decisions for them. 'Contact' (formerly called access) refers to how a child spends time with the parent they don't live with. Both parents can share day-to-day care in various arrangements, or one parent may have primary care while the other has contact.

Do I need to go to court to arrange custody of my children?

Not necessarily. In New Zealand, parents are encouraged to reach their own agreements about care arrangements without court intervention. You can formalize these through a Parenting Agreement or apply for a Consent Order if you want it to be legally binding. If you cannot agree, you'll typically need to attend Family Dispute Resolution (mediation) before applying to the Family Court for a Parenting Order.

Can my child decide which parent they want to live with?

While children don't have the final say in custody arrangements, their views are considered by the court, with weight given according to their age and maturity. The Family Court may appoint a lawyer to represent the child and convey their wishes. However, the court makes the final decision based on what it believes is in the child's best interests, which may not always align with the child's expressed preference.

How can I modify an existing custody arrangement?

To modify an existing custody arrangement in New Zealand, you should first try to reach an agreement with the other parent. If successful, you can formalize this through a new Parenting Agreement or by applying to change an existing Parenting Order by consent. If you cannot agree, you'll typically need to attend Family Dispute Resolution before applying to the Family Court to vary the existing order, demonstrating that circumstances have changed significantly.

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