FAMILY COURT

    Professional legal advice Family Law

    FAMILY LAW

    A breakdown in a relationship can be one of the most stressful, emotional and traumatic experiences that anyone ever goes through. When we enter into a serious relationship we hope that it will go the distance.

    Unfortunately, for many reasons relationships can end in separation with a myriad of complications to sort out.
    Property agreement services

    Relationship Property

    Where there are no children involved in a relationship that has broken down, separating can be simply a matter of dividing your relationship property and going your separate ways.

    However, sometimes it is not simple and you will most likely need legal help with a relationship property agreement, particularly where the property is substantial or you are married and are moving towards a divorce.

    John is able to advise and help with property agreements. 

    Children's Care and Contact Arrangements

    Where there are children involved, separation becomes much more complicated.

    The Family Court encourages parents to make their own arrangements in relation to the day to day care (this used to be called “custody”) and contact (which is sometimes still referred to as “access”). In many cases this is achievable and works for both parties. When making your own arrangements these should be in the welfare and best interests of the child or children. That is what the Family Court expects and is the primary consideration of the Court should the Court be required to be involved.

    Often parents cannot agree to what is best for the children. In this case separating parents can apply to the Court for a Parenting Order which will set out who will have the day to day care and what the terms of the contact might be. 
    You will probably be required to attend a Parenting through Separation Course and Mediation. Speak to your local Family Court about who provides the services in your area.

    There were changes to the Care of Children Act in 2014 which have meant that lawyers cannot make the applications for a Parenting Order unless there are safety or hardship issues for the children which require an urgent ruling by the Family Court. Lawyers can help you prepare your application though and John Holdaway can assist you with this and advise on the process.

    Safety Concerns

    Safety concerns may arise for example where domestic violence has occurred or where one of the parents has drug or alcohol issues or has threatened to take the child or children away from you or the region where you live.

    Where there are safety concerns for the children in the care of either parent, an application may be able to be made to the Court without notice by a lawyer acting for a parent which means that the application is made urgently and the other parent does not get to see the application until a Judge has made their decision on whether an Interim (Temporary) Parenting Order should be made.

    John Holdaway has extensive experience in making without notice applications in situations where there are safety concerns for the children. If you are concerned about who is involved in the care of your children or how your children are being treated, call John for a confidential meeting and you can discuss what needs to be done. If the application for a Parenting Order is to be made without notice, then legal aid may be available.

    John is also able to act for parents who have been served with Parenting Order applications. If a without notice application for a Parenting Order is successful, then an Interim Parenting Order will be made. This will set out what the parenting arrangements will be until there is a Court hearing to establish what the terms of the final Parenting Order will be. It can be several months or sometimes more between an application being made and a final Parenting Order being made.

    Domestic Violence

    Sadly New Zealand has a very high rate of Domestic Violence. This can take the form of:
    • Physical abuse
    • Sexual abuse
    • Psychological abuse
    • Financial abuse
    There is legal help available. The hardest step is usually the first one – making the decision to get help.

    John Holdaway can provide legal help in the form of an application for a Protection Order and other associated Orders such as Tenancy Orders and Ancillary Furniture Orders. 

    Without notice (urgent) applications can be made where there is an immediate and likely on going risk of violence. This means that the application is made and determined normally on the same day by a duty Judge. The Judge makes the decision before the other party is served. 
    If the duty Judge thinks there are grounds for a Protection Order, then an Interim Protection Order is made which will protect you and any children that are at risk. The other party then has the opportunity to defend a final Protection Order being made.

    On notice applications are where there is a lesser risk of immediate harm to you or any children but still an ongoing risk.This means that the person who is alleged to have used violence is served with the application and has an opportunity to respond before a Judge makes a decision.

    The three main criteria or the starting point for a Protection Order is:
    • Was there a domestic relationship – that is did you live with the other person who you accuse of domestic violence?
    • Was there domestic violence? – have you suffered physical, sexual, psychological or financial abuse?
    • Is a Protection Order necessary? In other words, is there a risk of further domestic violence?
    If you have answered yes to the three questions above, then call John Holdaway on 
    027 570 8881 for a confidential discussion on what steps need to be taken to put some safety mechanisms in place and what other support is available.
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