Parenting Orders in New Zealand
Your complete guide to parenting orders, parenting agreements, and custody arrangements. Learn how to create a parenting plan that puts your children first.
Day-to-Day Care
Determines where children live and their daily routine
Contact
Sets times children spend with the non-resident parent
Guardianship
Responsibility for major decisions about children
What is a Parenting Order?
A parenting order is a legal order made by the Family Court that sets out the care arrangements for a child. It can cover who the child lives with, when they see each parent, and how major decisions about the child are made.
What a Parenting Order Can Include
- • Day-to-day care: Which parent the child lives with primarily
- • Contact: When and how the child spends time with each parent
- • Specific issues: Education, health, religious upbringing
- • Communication: How parents share information
- • Restrictions: Conditions on relocation, travel, etc.
Parenting Order vs Parenting Agreement
Parenting Agreement
- • Informal arrangement between parents
- • No court involvement
- • Can be changed by mutual agreement
- • Not legally enforceable
- • Good when parents cooperate
Parenting Order
- • Made by the Family Court
- • Legally binding on both parents
- • Can only be changed by court
- • Breach is contempt of court
- • Necessary when parents can't agree
Types of Care Arrangements
There's no "standard" arrangement - the court considers what's best for each child. Here are common arrangements:
Shared Care (50/50)
The child spends equal time with both parents, such as week-about or split weeks. This works best when:
- • Parents live close to each other
- • Both parents can care for the child
- • The child is settled with this arrangement
- • Parents can communicate effectively
Primary Care with Contact
The child lives mainly with one parent and has regular contact with the other. Common patterns include:
- • Every second weekend (Friday-Sunday)
- • One night during the week
- • Shared school holidays
- • Special occasions and birthdays
Supervised Contact
Contact happens with a third party present. This may be ordered when there are:
- • Safety concerns
- • History of family violence
- • Substance abuse issues
- • Concerns about child abduction
- • Need to rebuild relationship gradually
No "Standard" Arrangement
New Zealand law doesn't favor any particular arrangement. The court decides based on what's best for each child's welfare and best interests. This is always the paramount consideration.
How to Get a Parenting Order
Before applying to the Family Court, you'll usually need to try Family Dispute Resolution (FDR) first. Here's the process:
Try to Agree
First, try to reach agreement with the other parent directly or through lawyers. A parenting agreement that you both commit to is often better than a court order.
Attend Family Dispute Resolution (FDR)
If you can't agree, you'll usually need to attend FDR before applying to court. This is mediation designed to help parents resolve disputes. You'll need a certificate from FDR to file at court.
File Application at Family Court
If FDR doesn't resolve matters, file an Application for Parenting Order with your FDR certificate. Court filing fee is approximately $250.
Court Process
The court may appoint a lawyer for the child, order reports, and hold conferences to try to reach settlement. If no agreement, a defended hearing will be scheduled.
Hearing & Decision
At a defended hearing, both parties present evidence. The judge decides what arrangement is in the child's best interests and makes a parenting order.
Consent Orders
If you reach agreement at any stage (even after filing), you can ask the court to make your agreement into a "consent order." This makes your agreement legally enforceable without needing a full hearing.
What the Court Considers
Under the Care of Children Act 2004, the court must make the child's welfare and best interests the first and paramount consideration. The court considers:
Primary Considerations
- • The child's safety
- • The child's physical, emotional & psychological wellbeing
- • The child's relationships with both parents
- • The child's views (depending on age/maturity)
- • Any family violence
Other Relevant Factors
- • The child's age and development
- • Any special needs
- • Cultural and religious background
- • Stability of living arrangements
- • Each parent's ability to care for the child
The Child's Views
The court must take into account the child's views, where the child can express them and wants to. There's no set age - it depends on the child's maturity. A lawyer for the child may be appointed to represent their views.
The Principle of Ongoing Relationship
The law recognizes that children generally benefit from having an ongoing relationship with both parents. However, this is subject to safety considerations - the child's safety always comes first.
Creating a Parenting Plan
A parenting plan is a written document that sets out how you'll share parenting responsibilities. It can be informal (not enforceable) or made into a consent order (enforceable). Here's what to include:
Parenting Plan Checklist
Day-to-Day Care Schedule
- • Weekly schedule during school term
- • School holiday arrangements
- • Long weekends and public holidays
Special Occasions
- • Christmas/New Year
- • Children's birthdays
- • Parents' birthdays
- • Mother's Day/Father's Day
- • Cultural celebrations
Practical Matters
- • Changeover arrangements (where, when, who)
- • Transport responsibilities
- • Communication (how parents will share information)
- • Contact when child is with other parent
Major Decisions
- • Education and schooling
- • Medical and health decisions
- • Religious upbringing
- • Extracurricular activities
- • Travel overseas
Review & Disputes
- • How to handle changes to the plan
- • Dispute resolution process
- • When to review (e.g., when child starts school)
Need Help With Parenting Arrangements?
Our experienced Auckland family lawyers can help you create a parenting plan or apply for a parenting order that protects your children's best interests.
Frequently Asked Questions
At what age can a child decide which parent to live with?
There's no set age. The court must consider the child's views but weighs them according to the child's age and maturity. A teenager's views carry more weight than a young child's. However, the final decision is always what's in the child's best interests - a child doesn't get to "choose."
Can I move away with my child?
If there's no parenting order, both guardians must agree on a significant relocation. If you can't agree, you need to apply to the court for permission. The court considers how the move affects the child's relationship with both parents and their overall welfare.
What if the other parent doesn't follow the parenting order?
Breaching a parenting order is contempt of court. You can apply for an enforcement order, which can require the breaching parent to "make up" lost time, attend a parenting programme, or face penalties. In serious cases, care arrangements may be changed.
How long does a parenting order last?
A parenting order generally remains in effect until the child turns 18 or until the court varies or discharges it. Either parent can apply to change the order if circumstances have significantly changed since it was made.