Changes In The New Zealand Family Court

Date: 9th April 2014

The New Zealand Family Court Is Changing

Up until now, the New Zealand Family Court has been the ordinary first port of call for many separated parents wishing to resolve disputes about where their children spend their week (day-to-day care/custody) and disputes about guardianship decisions (i.e. Which school a child attends).

That has now changed. Separated parents will now not have the ability to simply start a court proceeding against their ex-partner. Separated parents will now enter the Family Dispute Resolution Service (FDR) where such disputes arise.

The FDR is an out-of-court process where, with the help of appointed professionals, separated parents will be encouraged to resolve their own parenting disputes.

It will also require separated parents to attend the Parenting through Separation course.

(Click The Logo below to head to the new Family Justice Website for more info on this course.)

The FDR is aimed at reducing delay in the system and to ensure that decisions about children are made by the parents wherever possible. FDR will also have a different, more co-operate focus, as opposed to the adversarial Family Court procedure of old.

Naturally, the process will reduce the presence of lawyers in Court arguing for parents about their children. Is this a bad thing? It really remains to be seen. On the one hand the Family Court is full of ex-partners who are just not able to get past their anger about their former partner (often for very good reason).

To expect these individuals to enter a system based on co-operation, not competition is not going to come naturally. A lawyer in such a case is a useful guiding hand and can ensure the parents are on target towards a result that’s best for their children.

On the other hand, doing it yourself has the advantage of reducing the cost (the FDR system does, however, cost $900) and puts the onus on the parent, not the lawyer, to see the best result achieved.

Does this mean lawyers cannot be involved? No. FDR is there as a first step. The Family Court will still be there to resolve cases which do not see a result through FDR.

Where cases involve danger to children through domestic violence or other serious matters then the Family Court is involved straight away.

This includes cases where Protection Orders are applied for as protection orders always require a consideration of the children’s safety.

What does this mean for you? If you have a dispute concerning the care or custody of your children, speak to us first. We will direct you regardless of whether you are heading towards FDR or not.

It is important that you get good advice at the right time to ensure the best result for you and your children.

Michael Vesty, Barrister, Resolution Chambers

Posted in: Blog, Blog Family, Knowledge Family