Care of Children
We specialize in all matters pertaining to the Care of Children Act 2004. Our team has experience representing clients and children in various proceedings, including disputes over care arrangements, relocation (both international and domestic), guardianship matters, and complex care and protection issues. Brintyn is on the Lawyer for Child list and accepts appointments throughout the Auckland Region.
Matters of the Care of Children Act
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A Parenting Order is a Family Court order that defines who is responsible for a child's day-to-day care and outlines contact arrangements for others – usually a parent. It may also establish shared care arrangements. Our team is here to guide you through this process.
We believe Parenting Orders in New Zealand should be tailored to meet the individual needs and circumstances of children and their families. A child’s welfare and best interests are paramount at all times. We specialise in drafting bespoke Parenting Agreements and Orders tailored to your family's specific situation.
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In addition to Parenting Orders, we assist with the drafting and execution of Parenting Agreements. Under Section 40 of the Care of Children Act 2004, parents and guardians can create a formal agreement regarding their children's care voluntarily, without the need for a Court hearing. This agreement reflects mutually agreed-upon arrangements for the child's care, contact, and upbringing.
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In New Zealand, applications for Parenting Orders can be made either "without notice" or "on notice," depending on the urgency of the situation and whether the other party is informed prior to the application.
The Care of Children Act 2004 promotes collaboration between parents and guardians in managing day-to-day care and resolving disputes amicably. Understanding the legal requirements and processes can be stressful and complex. Our expert team is dedicated to providing clear guidance at every step to help you navigate these challenges with confidence.
Our objectives are simple:
To prioritise the welfare and best interests of the child at all times.
To provide clear guidelines and a robust legal framework for guardianship, care arrangements, and contact.
To encourage the resolution of disputes through non-court methods whenever possible.
To protect children from harm and promote and to seek their safety within care arrangements.
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This type of application is made without informing the other party and is used in urgent situations requiring immediate action to protect the child's welfare.
When to Use:
Safety: Situations involving potential harm to the child, such as family violence or neglect.
Undue Hardship: When notifying the other party could jeopardise the child's safety or the effectiveness of the order.
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This application involves informing the other party and allowing them to respond before any orders are made. This is the standard process for most Parenting Order applications.
When to Use:
Non-Urgent Cases: When there is no immediate risk to the child's welfare, and the matter can be resolved through the usual court process.
Failed Family Dispute Resolution: When mediation through Family Dispute Resolution (FDR) has been attempted but no agreement was reached.
We can assist you in filing applications for Parenting Orders in the Family Court, support you through the FDR process, and draft Parenting Agreements as needed. Our experience includes representing parents, guardians, siblings, grandparents, and other eligible parties in seeking such applications.
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Parental alienation occurs when one parent intentionally undermines the child’s relationship with the other parent, particularly during high-conflict separations. This issue is serious and represents a complex area of law. Children affected by alienation often exhibit resistance and refusal behaviours regarding contact, leading to the development of negative attitudes toward that contact.
At Brintyn Smith Barrister, we are dedicated to assisting parents and children in reaching amicable arrangements and rebuilding their bonds with their children.
clietns
Brintyn is a very caring, empathetic, hard working and highly professional lawyer who has supported me through challenging circumstances. He gave excellent, thorough advice, and worked tirelessly to get the best outcome for my situation. Highly recommended.
Susan H
