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Family law

Parents, guardians and caregivers

Explaining the Care of Children Act and what happens if there is a dispute

What this chapter covers

  • Guardianship of children
    Who a child’s guardians are, the responsibilities of guardians and the different types of guardians
  • Paternity
    How paternity (fatherhood) can be legally decided
  • Abortion (“Termination”)
    The rules around when you can get an abortion, including who makes the decision and how
  • Adoption
    Who can adopt and be adopted, the laws around consent and the court process for getting an adoption order
  • Surrogacy and IVF
    Becoming a parent via surrogacy, sperm or egg donation, or IVF
  • The Family Court
    An overview of the Family Court and its processes, including the types of cases it deals with
  • Care arrangements when parents have separated
    Making your own agreement for day-to-day care (custody) of your children if you’re splitting up, and going to the Family Court for a parenting order if you can’t agree
  • Relocation disputes and international child abduction
    Resolving disputes with your ex-partner about where your child will live and what you can do if you’re worried your ex wants to take your child out of the country
  • Child support
    When a parent is responsible for paying child support and how the amount is calculated
  • Where to go for more support
    Other information and resources

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Parents, guardians and caregivers

Where to go for more support

Community Law

Your local Community Law Centre can provide you with free initial legal advice.

Find your local Community Law Centre online: communitylaw.org.nz/our-law-centres

Access the free “Pregnancy Rights: Your legal options before and after pregnancy” booklet, here. This booklet contains practical answers to questions about pregnancy and the law, and includes information on sexual health and consent, options after a positive pregnancy test, healthcare, education, housing and more.
Email for a hard copy: publications@wclc.org.nz
Phone: Community Law Wellington and Hutt Valley – 04 499 2928

Family Court

The Family Court website covers many topics discussed in this chapter, including how the family court works, care of children, adoption and paternity.

Website: www.justice.govt.nz/family

New Zealand Law Society

The Law Society has helpful information on what happens with children when parents separate.

Website: www.lawsociety.org.nz/for-the-public/common-legal-issues/what-happens-to-your-children-when-you-part

Inland Revenue

Inland Revenue’s Child Support webpage has a wide range of forms and guides for parents and caregivers.

Website: www.ird.govt.nz/topics/child-support
Phone: 0800 221 221

Aotearoa New Zealand Association of Supervised Contact Services (ANZASCS)

The ANZASCS website has information about supervised contact and lists contact details for approved providers of supervised contact services.

Website: www.anzascs.org.nz

Alternative Dispute Resolution

There are many kinds of “alternative dispute resolution” that, depending on your personal situation, may be cheaper and more successful than going to the Family Court. These include counselling, mediation and negotiation. The following list is not exhaustive:

Resolution Institute: www.resolution.institute
Website: www.aminz.org.nz
Arbitrators’ and Mediators’ Institute of New Zealand Inc (AMINZ): www.fdrc.co.nz
FairWay: www.fairwayresolution.com
Family Works: www.familyworkscentral.org.nz

Oranga Tamariki/Ministry for Children

Oranga Tamariki’s website has information about the adoption process.

Website: www.orangatamariki.govt.nz/adoption/adopting-in-nz
Phone: 0508 326 459

Department of Internal Affairs

The DIA website has information on how to obtain original birth certificates for adopted children.

Website: www.govt.nz/browse/family-and-whanau/adoption-and-fostering/finding-your-birth-parents

Registering your child’s birth

The Smartstart website allows you to register your baby’s birth online.

Website: www.smartstart.services.govt.nz/register-my-baby

Also available as a book

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