Navigating the Family Court
Written by Damandeep Sadhra & Bri Thorne
Have you recently separated? Are you struggling to communicate effectively with your former partner? Are your children struggling with the separation? Do you feel that you are not getting as much time with your children as you would like? Are you concerned about the effect it is having on them?
If you are a parent, guardian, or whānau member reading this, and it sounds like something you are going through, below is a summary of what you can do…
Parenting Through Separation
One of the first steps to solving a family dispute relative to caring for your child/ren begins with a recommendation to attend what is called “Parenting through Separation” (PTS). This is a free course that provides parents, guardians, and whānau with practical advice to help understand and manage the needs of children following a separation or a change in the family situation. This is a four-hour course, run by an experienced facilitator, in which you receive a certificate on completion.
Family Dispute Resolution
As a pre-requisite to filing non urgent applications in the Family Court you will also need to attend “Family Dispute Resolution” (FDR). This is a mediation process, run by a duty mediator, that encourages the parents/ whānau who will be caring for the children to meet and discuss, with a focus on the children’s welfare and best interests, what they need, what contact they are to have with the caring adults, and how to make that happen. During the mediation process you can also discuss guardianship matters including overseas travel, medical decisions, and education. There is no pressure to reach an agreement during FDR.
To make any agreements reached at FDR legally binding, the parties should instruct a lawyer to draft a Parenting Order (or another appropriate order) based on the agreement. If both parties consent and sign the Order, your lawyer can file it in the local Family Court. Once the Order is issued by the Family Court, it becomes legally binding on all parties.
If no agreement is reached at FDR, or you have an exemption from attending, then each party needs to contact a lawyer. Your lawyer will reach out to the other party involved, informing them of your wishes, and negotiating either directly with them, or with their lawyer (on your instructions) to try reach an agreement on the children’s care arrangements or issues in dispute.
In most circumstances if there is a history of; family violence, power imbalances, cultural barriers, or other circumstances that render FDR inappropriate, you will be granted an exemption from attending mediation. You would provide this exemption certificate to your lawyer who can then assist you in filing applications in the Family Court. Attending PTS or FDR, or receiving a documented exception is required if the matter escalates to Family Court proceedings.
Applying to Court
If all the above is unsuccessful, then you may need to apply to the Court for a Parenting Order or an Order seeking the Court’s assistance regarding a guardianship dispute. Although you can do this on your own, engaging a lawyer will alleviate the stress of the situation. Your lawyer will also advise you on which is the most appropriate application to apply for in your situation.
If there are safety concerns or other issues pertaining to yourself and/or the children where urgent Family Court assistance may be required, it is good to speak to a family lawyer as soon as possible so that they can guide you through next steps.
Whilst the idea of Family Court can seem daunting, it is important to remember that the welfare and best interests of your children come first. If you have any further questions or are looking for assistance in a family law dispute, reach out to any of our family law team members.