Family Lawyers in Tauranga

A 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.

Before you apply

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, or if there are safety concerns, the Court can consider a without notice (urgent) application and waive these requirements.

What a Parenting Order can include

• Day to day care: where the child lives and how daily routines are managed
• Contact arrangements in cases where there is no shared care, including times and places
• Supervision where there are safety issues
• Safety conditions if safety issues have been raised
• Holiday and special occasion plans, plus clear drop off and pick up details

If a Parenting Order already exists

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.

When Parenting Orders are not followed

The Court expects compliance. If an order is broken, there are enforcement options available, including warrants or adjustments to arrangements.

How we help

We prepare and file your application, make sure the paperwork is complete, and represent you in dispute resolution and in Court, with notice for non-urgent applications, or without notice where the matter is urgent. 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.

A Protection Order is the Family Court's way of keeping you and your family safe from violence or harassment. 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.

How you apply

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. You should contact a lawyer urgently, as delay could result in a failed application. For non-urgent situations, the other person is allowed to respond before the Court decides.

What the Court considers

The Court looks at whether family violence has happened, and whether an order is needed to keep you or your children safe. A pattern of smaller incidents can be enough if it shows ongoing risk.

What the Order means

• The person or people named must not abuse, threaten, or harass you
• Police can arrest them if they breach the order
• The order takes effect immediately, and copies go to you, the other person, and Police

Legal support

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. We can also assist in defending proceedings where a Protection Order is being sought, and in applying to discharge a temporary or final Protection Order. Whether the application is urgent or not, our focus is your safety and a practical plan that protects you.

Guardianship 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.

Common areas of dispute

• Choice of school or education plans
• Medical treatment and vaccinations
• Relocation within New Zealand, or overseas travel and passports
• Religion, cultural upbringing, or name changes

How disputes are resolved

Guardians are expected to work together and try to agree. Family Dispute Resolution, 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.

Urgent applications

Sometimes there isn't time to wait for mediation. If an urgent decision is needed, such as a parent planning to take a child overseas without consent, or a dispute about urgent medical treatment, the Court can hear a without-notice application. These are fast-tracked to protect the child while the guardianship issue is decided.

Changes to guardianship

The Court can add a guardian, most commonly a grandparent who has the care of a grandchild, or in 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).

How we help

We assist with both urgent and standard applications. We prepare strong documents, represent you throughout the proceedings, and appear for you in Court where the Court must decide. Our focus is practical, child-focused outcomes that protect your child's wellbeing and give you clarity in your role as guardian.

Oranga Tamariki (the Ministry for Children), previously known as Child, Youth and Family, 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 begin formal processes or apply to the Family Court.

When involvement starts

Oranga Tamariki may get involved after a report of concern or notification. Normally this begins with an investigation by social workers, and sometimes Police, who assess whether a child needs care and protection.

Informal options before Court

• Family and whānau agreements: informal plans to support the child and family
• Hui ā-whānau and family meetings involving professionals and extended family
• Temporary or extended care agreements, where the child may leave the family for a time by agreement

Family Group Conferences

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, that may settle things without going to Court.

Urgent action and Court orders

When a child's safety is in immediate danger, Oranga Tamariki may apply to the Family Court for an interim Custody Order, often without notice to the existing guardians or caregivers, so the child can be removed quickly. Police may also be granted a place-of-safety warrant. These applications are fast-tracked and happen on the same day. A Family Group Conference will still be held before the Court considers a full Care or Protection Order.

When Court proceedings begin

If Oranga Tamariki applies to the Family Court, you receive notice and have time to respond. You can oppose the application fully, oppose specific orders only, or challenge the care plan itself. Legal Aid may be available, and defending your case early is vital.

How we help

We guide you through all of it, from the early conversations and Family Group Conferences or hui ā-whānau, through to urgent applications and full Court responses.

The 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.

Who can apply

Anyone with a genuine concern for the person's welfare can apply: a partner, family member, friend, a social worker, or in some situations the person themselves.

Personal Orders

• Specific decisions about care and welfare, for example where someone lives or what support services are used
• Short term or one-off issues, where a narrow decision is needed rather than ongoing authority

Personal Orders are tailored to the person's needs and are the least restrictive option that still keeps them safe.

Property Orders

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.

Welfare Guardian or Property Manager

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.

Capacity and evidence

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, to prevent financial loss or arrange immediate care, the Court can consider urgent or interim orders. These are time limited and reviewed when full information is available.

How we help

We can suggest the right reports, prepare the application, and advise you on the least restrictive option that still keeps the person safe. We act on urgent matters, help proposed appointees understand their duties, and apply for reviews or changes when arrangements need updating.

Paternity 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.

How paternity can be established

• Presumption, if the parents were married or in a civil union when the child was born
• Being recorded on the birth certificate
• Signing a formal Acknowledgement of Paternity in front of a lawyer
• Obtaining a Family Court Paternity Order
• A Declaration of Paternity from the Family or High Court

Of these, a Paternity Order or Declaration is the most conclusive, other methods can be challenged.

Declaration of Non-Paternity

If you have been incorrectly presumed to be a child's father, for example because of marriage or being named on the birth certificate, you can apply for a Declaration of Non-Paternity. 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. If someone refuses testing, the Court may treat that refusal as suspicious.

How we help

We act for parents and alleged parents alike. Our focus is a clear, fair legal outcome for everyone involved, reached with as little conflict as the situation allows.

The 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.

Who can claim

• Children of the deceased, including adult children
• The surviving spouse, or civil union or de facto partner
• Grandchildren or stepchildren, in some cases
• Other dependants who were being supported by the deceased

The Court looks at whether the deceased failed in their moral duty to make proper provision for eligible family members. It does not simply rewrite 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 reasonable in the circumstances.

Time limits

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 claim is considered.

How we help

We advise you on whether you are eligible to apply, assess the strength of your claim, and guide you through negotiation or Court proceedings. We also defend estates against claims, so the will-maker's wishes are respected where that is the right outcome. Our goal is to resolve these disputes fairly, and with as little conflict as possible.

Adoption 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.

Who can be adopted, and who can adopt

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.

Consent from birth family

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.

The process in practice

• File an application in the Family Court. A social worker prepares a report, usually with police checks.
• The Court decides whether an Adoption Order is appropriate in the child's best interests.
• Open adoption is common in Aotearoa, with ongoing contact agreed by the parties. Oranga Tamariki Adoption Services provides guidance.

Whāngai and other care options

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.

How we help

We guide you through each step, from early advice and engagement with Oranga Tamariki, to preparing the Court application, the consent documents, and the social worker process. We also advise on alternatives such as guardianship or whāngai recognition where those better meet the child's needs.