In New Zealand, the terms custody and access have been replaced with day-to-day care and contact. Day-to-day care refers to where a child lives and who is responsible for their everyday needs, from ensuring they are safe and well-fed to getting them to school. Contact covers the time a child spends with a parent or other person who does not have day-to-day care. When these arrangements are formalised by the Family Court, they are set out in a Parenting Order.
Resolving Care and Contact Disputes
Under the Care of Children Act 2004, parents and guardians are encouraged to work together to agree on care arrangements. In most cases, before applying to the Court, families must attend Family Dispute Resolution (FDR) to try to reach an agreement (unless there is a history of family violence). If agreement is reached, it can be recorded in a consent order. Where urgent issues arise such as concerns for a child’s safety the Court can make Parenting Orders without notice.
Shared Care and the Role of the Court
When dealing with children, the Family Court focuses on the child’s best interests and welfare and often supports shared or joint care arrangements, ensuring children have meaningful time with both parents or caregivers. Decisions about care can also affect child support obligations, making it important to understand your rights and responsibilities from the outset. However, both guardians have a right to decisions regarding the child including schooling, religion, name change, gender change, medical treatment, and more. A Lawyer for Child is also provided to represent the child and their views in the proceedings.
Court Process
In New Zealand, the Family Court process for parenting matters typically begins with the applicant attending a Parenting Through Separation course and Family Dispute Resolution (FDR) mediation within the required timeframes—unless the case is urgent or meets specific exemption criteria such as family violence. Once these steps are completed, the applicant prepares and files an application, including an affidavit and supporting documents, either electronically, by post, or in person. After submission, a Family Court judge reviews the application in chambers and determines the next steps. Most cases follow the “standard track,” starting with an issues conference where the judge identifies key disagreements. Depending on the outcome, the case may proceed to a settlement conference aimed at resolving disputes without a hearing. If agreement isn’t reached, the case moves toward a final hearing, possibly involving additional conferences such as directions, pre-hearing, or case management conferences for complex matters. In cases where both parties agree, a Consent Order may be issued, streamlining the process under the “simple track.” Urgent cases follow the “without notice” track, which may mean a Temporary Order is granted before the other party has a chance to respond. These urgent cases can include situations involving family violence or possible removal of the child from New Zealand.
How We Can Help
Navigating custody matters can be complex and emotionally challenging. Our experienced family law team provides clear, practical advice on all aspects of day-to-day care, contact, Parenting Orders, relocation, guardianship, and child support. We guide you through FDR, prepare the necessary documents such as your applications and affidavits, and represent you in Court or conferences if required. Contact us to discuss your situation in confidence and take the next step toward a workable care arrangement.
