McLean Law
Special notice: on 22 July 2022 we move to level 2, 3055 Great North Road, New Lynn

Care of Children Act 2004

Parenting

 
 

FIXED FEES AND INVOICING BY THE HOUR

If requested, we will do certain steps for a fixed fee:

  1. Draft and file proceedings for $3,500 - $5,000 plus GST including:

    1. Meeting with you.

    2. Drafting and filing:

      1. The Care of Children Act Application/Response for a parenting order.

      2. Your Affidavit.

  2. We can provide fixed fees for other steps involved in the process; or

  3. Other steps are at our hourly rates.

We may seek a retainer up front for our work and as we go along.

The Care of Children Act 2004

The Care of Children Act 2004 governs the care and welfare of children. The Act recognizes that what is in the best interests of the child is the paramount consideration in any matter concerning the care, development, and upbringing of a child.

The Act sets out the principles that must guide any decision relating to a child's welfare, including the importance of the child's safety, health, and well-being, the child's views, the role of parents, and the need to promote the child's cultural identity.

The Act provides for parenting orders that set out the arrangements for the day-to-day care of a child, including where the child will live, who the child will spend time with, and how the child's time will be divided between the parents or other guardians.

Overall, the Care of Children Act 2004 seeks to promote the best interests of children by providing a framework for decision-making that takes into account the child's safety, health, and well-being, as well as the child's views and cultural identity. The Act recognizes that the care of children is a responsibility shared between parents and guardians; and seeks to promote cooperation and collaboration in the best interests of the child.

steps in bringing a Care of Children Act 2004 claim

The steps in bringing a Care of Children Act 2004 claim include:

  1. Seek legal advice: The first step is to seek legal advice from a qualified lawyer who has experience in family law.

  2. Mediation: Before commencing legal action, you will likely be required to attend mediation to attempt to resolve the dispute with the other parent. This can be done through the Family Dispute Resolution process, which is a government-funded service at a cost of $448.50 per person if you do not qualify for full funding.

  3. File an application with the Family Court: If mediation is unsuccessful, or if urgent action is required, you may need to file an application with the Family Court. The application must include the details of the dispute and the orders sought.

  4. Service: The application must be served on the other party, along with a notice of the date and time of the first court appearance.

  5. Round table meeting (often): A round table meeting is a meeting where all parties involved in a parenting dispute come together to discuss and try to resolve the issues related to the care of their children. The round table meeting is typically facilitated by the lawyer for child.

  6. Case Management Conference: A case management conference will be held to set out the timetable for the case and to identify any further steps required.

  7. Attend court hearing for interim orders: Both parties must attend the court hearing. The judge will hear evidence from both parties and may make interim orders to address urgent issues.

  8. Case Management Conference: Following the initial hearing, another case management conference will be held to set out the timetable for the case and to identify any further steps required.

  9. Evidence: Both parties must provide evidence to support their case in affidavits. Reports from experts such as psychologists or social workers may also be provided.

  10. Trial: If the dispute cannot be resolved through negotiation, a round table meeting, mediation or other forms of dispute resolution, a trial will be held where both parties can present their evidence and arguments before a judge.

  11. Judgment: After considering all the evidence and submissions, the judge will issue a judgment, which sets out the orders that the parties must follow.

Overall, bringing a Care of Children Act claim in court in New Zealand can be a complex process, and it is important to seek legal advice from a lawyer with experience in family law. The lawyer can guide you through the process and help you achieve a fair and reasonable outcome for you and your children.