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Talk to a family lawyerA Parenting Order is where the Family Court makes a decision about the care of children, and when time is spent with each parent. It applies when separated parents cannot agree themselves, or when a parenting agreement whether made in formal mediation or otherwise needs to become legally enforceable.
Most cases require two mandatory steps as set out in law: taking part in Family Dispute Resolution, where a qualified mediator helps you try to reach agreement, and completing a Parenting Through Separation course that explains the Court process and focuses on your child’s needs. You need to include proof of these steps with your application, for example an FDR form or a course certificate. If the case is urgent, if there are safety concerns, or if one parent has already applied, the Court may allow a without notice (urgent) application and waive these requirements.
Both biological parents are guardians of children, which means making important decisions for children decisions together.
If a Parenting Order was made in the last two years, you generally cannot apply for another one unless both parents agree, or there has been a material change in circumstances.
The Court expects compliance. If an order is broken, there are enforcement options available, including warrants or adjustments to arrangements.
We prepare and file your application, make sure the paperwork is complete, and represent you in dispute resolution (during the Court process) and in Court, with notice (non-urgent applications) or without notice (urgent appications). We also draft clear and workable orders, help respond if the other parent has already applied, and apply to vary or enforce existing orders when things are no longer working.
Some of our lawyers also accept assignments from the Ministry of Justice to represent children. Our team is fully equipped to advise you. Talk to a family lawyer
A Protection Order is the Family Court’s way of keeping you and your family safe from violence or harassment from someone. In some cases, if more than one person is being violent or harassing you, a Protection Order can apply to more than one person. It sets clear rules, and gives Police power to act if those rules are broken.
For urgent situations, you can ask the Court for a temporary Protection Order that can be made very quickly, sometimes within a day, so you have immediate protection. However, you must urgently contact a lawyer as any delay could result in a failed application. For non urgent situations, the other person (or people if your application relates to more than one person) is allowed to respond before the Court decides if you get a Protection Order or not.
The Court looks at whether family violence has happened, and whether an order is needed to keep you or your children safe (and in some cases, another named protected person). A pattern of smaller incidents can be enough if it shows ongoing risk.
There is no filing fee for the application. You can apply with a lawyer or by yourself, and Legal Aid may be available if your income is low.
We prepare the paperwork, present your story clearly to the Court, and represent you at each step. Whether the application is urgent or not, our focus is your safety and a practical plan that protects you.
We can also assist in defending proceedings where a Protection Order is being sought, and can assist in applying to discharge a Protection Order if a temporary or final Protection Order has been made.
Talk to a family lawyerGuardianship is the bundle of rights and responsibilities for a child’s upbringing, including education, health care, religion, and major life decisions. Most children have both parents as guardians, though in some cases only one parent or another person may be appointed by the Court or through a will.
Guardians are expected to work together and try to agree. Family Dispute Resolution (FDR) otherwise known as Mediation is required before going to Court non urgently. If agreement isn’t possible, either guardian can apply to the Family Court to settle the dispute. The Court’s focus is always the child’s welfare and best interests.
Sometimes there isn’t time to wait for mediation when parents cannot decide. If an urgent decision is needed, such as a parent planning to take a child overseas without consent, or urgent medical treatment is in dispute, the Court can hear a without-notice application. These applications are fast-tracked to protect the child while the guardianship issue is decided.
The Court can add a guardian which are more commonly grandparents when they have the care of a grandchild, or in extremely rare cases remove a guardian who is unfit, Guardianship usually ends at 18, or earlier if the child marries, enters a civil union, or lives in a de facto relationship (with consent if aged 16 or 17).
We assist with both urgent and standard applications. We prepare strong documents, represent you through the entire proceedings, and represent you in Court if the Court must decide. Our focus is on achieving practical, child-focused outcomes that protect your child’s wellbeing and give you clarity in your role as guardian.
Some of our lawyers also accept assignments from the Ministry of Justice to represent children. Our team is fully equipped to advise you. Talk to a family lawyer
Oranga Tamariki (the Ministry for Children), previous known as Child, Youth, and Family (CYFS) is the Crown agency whose job is to keep children safe. In most cases, they work alongside families informally, but if serious risks arise, they can initiate formal processes or make applications to the Family Court.
Oranga Tamariki may get involved after a report of concern or notification. Normally this begins with an investigation by social workers, and sometimes the Police, who assess if a child needs care and protection.
If these suffice, the case may never reach Court.
If informal paths don’t resolve the concern, Oranga Tamariki may arrange a Family Group Conference. This hui includes family, Oranga Tamariki, sometimes Police, support people, and professionals. Together you discuss a safety plan. If a plan is agreed to, that may settle things without going to Court.
When a child’s safety is in immediate danger, Oranga Tamariki may apply to the Family Court for a temporary (“interim”) Custody Order, often without notice to the existing guardians or caregivers, so they can remove the child quickly. Police may also be granted a place-of-safety warrant. These applications are fast-tracked and happen on the same day.
Later, a Family Group Conference will still be held before the Court considers a full Care or Protection Order.
If Oranga Tamariki applies to the Family Court, you receive notice and have time to respond. You can oppose the application fully, for specific orders only, or challenge the care plan itself. Legal Aid may be available, and defending your case early is vital.
We guide you through everything, from early conversations and Family Group Conferences/and or Family Meetings/Hui ā-whānau to urgent applications or full Court responses. Whether it’s informal support plans or contested Court proceedings, we make sure your voice is heard with clear, child-centred advocacy and legal strategy.
Talk to a family lawyerThe Protection of Personal and Property Rights Act (PPPR) lets the Family Court step in when an adult cannot make or carry out important decisions for themselves, for example after illness or cognitive decline. The Court can make a limited decision for a specific issue, or appoint someone to help on an ongoing basis.
Anyone with a genuine concern for the person’s welfare can apply, for example a partner, family member, friend, a social worker, or the person themselves in some situations.
Personal Orders are tailored to the person’s needs and are the least restrictive option that still keeps them safe.
If help is needed to look after money and property, the Court can appoint a property manager or make orders about how finances are handled. The Court aims to preserve the person’s assets and meet daily needs.
For ongoing help, the Court can appoint a welfare guardian to make personal care decisions, and a property manager to handle finances, with powers limited to what is necessary. Appointments are usually reviewed, and the Court can limit duration and scope.
The Court needs evidence that the person cannot understand or carry out the relevant decisions. Medical or professional reports are usually required.
If a decision cannot wait, for example to prevent financial loss or arrange immediate care, the Court can consider urgent or interim orders without the usual Court delays. These orders are time limited and will be reviewed when full information is available.
PPPR arrangements end when the order expires, is discharged, or no longer needed. Guardianship type appointments normally end when the person regains capacity or when the Court sets an expiry date at review.
We can help suggest the right reports, prepare the application, and guide you on the least restrictive option. We act on urgent matters, assist proposed appointees to understand their duties, and apply for reviews or changes when things need to be updated.
Talk to a family lawyerPaternity is the legal recognition of a child’s other biological parent. It affects guardianship, child support, inheritance, and even citizenship. Sometimes the law presumes paternity automatically, and other times it needs to be proven or challenged in Court.
Of these, a Paternity Order or Declaration is the most conclusive, other methods can be challenged.
If you’ve been incorrectly presumed to be a child’s father, for example, because of marriage or being on the birth certificate, you can apply for a Declaration of Non-Paternity. This is the Court’s way of legally confirming you are not the parent. Once made, it overrides presumptions and clears up obligations like child support. DNA evidence is often used, but the Court may consider other proof as well.
DNA testing is common in both paternity and non-paternity cases. If someone refuses testing, the Court may treat that refusal as suspicious.
We help parents and alleged parents alike. Whether you need to confirm paternity, challenge it, or seek a declaration of non-paternity, we prepare the right application, gather supporting evidence, and represent you in Court. Our focus is on reaching a clear and fair legal outcome for everyone involved.
Talk to a family lawyerThe Family Protection Act allows certain family members to challenge a will if it does not make proper provision for them. The law recognises that, beyond property and money, there is a duty to provide for family in a fair and reasonable way.
The Court looks at whether the deceased failed in their moral duty to make proper provision for eligible family members. It does not simply re-write the will, but can adjust it so that family members receive fair support. Factors include financial need, the closeness of the relationship, and what would be considered reasonable in the circumstances.
Applications must usually be made within 12 months of probate being granted, though the Court can extend time in special cases.
If an estate is about to be distributed, urgent steps can be taken to put the distribution on hold while a Family Protection Act claim is considered. The Court can also hear contested claims and weigh evidence from all sides before making orders.
We advise you on whether you are eligible to apply, assess the strength of your claim, and guide you through negotiations or Court proceedings. We also defend estates from claims, ensuring the will-maker’s wishes are respected where appropriate. Our goal is to resolve disputes fairly and with as little conflict as possible.
Talk to a family lawyerAdoption is the legal process where the adoptive parent or parents become the child’s legal parents. After an Adoption Order, the child is treated in law as if born to the adoptive parents.
Anyone under 20 can be adopted. If the application is filed before the 20th birthday, the Court can still make the order in special circumstances.
Applications are made to the Family Court. An individual can adopt on their own. If they have a partner, the partner’s consent is needed. Couples can apply together.
Birth parents and any guardians usually need to consent. The birth mother must wait at least 10 days after birth before consenting. There are limited situations where a parent’s consent is not required, for example where a parent is unfit and this is likely to continue. A judge decides this.
If you were adopted and want to find birth information, you can apply for your original birth certificate under the Adult Adoption Information Act.
Whāngai is an informal care arrangement under tikanga Māori. It is different from legal adoption. Whāngai may be recognised for Māori land succession, and guardianship or other care arrangements might be better suited in some families.
We guide you through each step, from early advice and Oranga Tamariki engagement, to preparing the Court application, consent documents, and the social worker process. We also advise on alternatives such as guardianship or whāngai recognition where that better meets the child’s needs.
Talk to a family lawyer