Family Law FAQ NZ 2026 | Your Questions Answered

Q: What is the difference between custody and care arrangements in NZ?

In New Zealand, 'custody' is no longer used legally. Under the Care of Children Act 2004, we use 'day-to-day care' (where the child lives) and 'contact' (time with the other parent). Both parents typically retain guardianship rights, which means both can make major decisions about the child's upbringing, education, and health.

Q: How long do I need to be separated before I can divorce in NZ?

You must be separated for at least 2 years before you can apply for a dissolution (divorce) in New Zealand. You don't need to live in separate houses - you can be 'separated under one roof' if you're living separately within the same property. You also need to have been living in NZ for at least one year before applying.

Q: What is relationship property and how is it divided in NZ?

Under the Property (Relationships) Act 1976, relationship property includes the family home, family chattels, and property acquired during the relationship. After 3 years of marriage, civil union, or de facto relationship, it's typically divided 50/50. Separate property (gifts, inheritances, property owned before the relationship) may remain with the original owner.

Q: How much does a family lawyer cost in New Zealand?

Family lawyers in NZ typically charge $250-450 per hour. Junior lawyers: $250-300/hour. Senior lawyers: $350-450/hour. A simple separation agreement costs $1,500-3,000. Contested custody cases can cost $15,000-50,000+. Many lawyers offer free initial consultations and fixed-fee options for straightforward matters.

Q: Can I get legal aid for family law matters?

Yes, legal aid is available for family law matters if you meet income thresholds. For 2026: Single person under $23,820/year, couple under $37,758/year (higher with dependents). Legal aid covers custody disputes, protection orders, and relationship property matters. You may need to repay some costs from any settlement.

Q: How do I apply for a protection order in NZ?

You can apply for a protection order at your local Family Court. The application is free. You can apply without notice to the other person if there's immediate danger (ex parte). Temporary orders can be granted within 24-48 hours. A protection order prohibits the respondent from physical, sexual, and psychological abuse. Lawyer for Child may be appointed for children affected.

Q: What is a parenting order and when do I need one?

A parenting order is a Family Court order that determines who a child lives with and when they have contact with each parent. You need one when parents can't agree on arrangements. Before applying to court, you must attempt Family Dispute Resolution (mediation) unless there's urgency or family violence. Orders can cover day-to-day care, contact schedules, and specific issues like schooling.

Q: What factors does the Family Court consider for child custody?

The Family Court's primary consideration is the child's welfare and best interests. Factors include: the child's safety, existing relationships, the child's views (depending on age/maturity), each parent's ability to meet the child's needs, maintaining sibling relationships, practical arrangements, and any history of family violence. There's no automatic preference for mothers or fathers.

Q: How does child support work in New Zealand?

Child support in NZ is administered by Inland Revenue (IRD). The paying parent pays a percentage of their income based on the number of children and their income. Rates range from about 18% for one child to 27% for four+ children. Payments continue until the child turns 18 (or 19 if still in school). Parents can also make private agreements instead of using IRD.

Q: Can grandparents get custody or visitation rights in NZ?

Yes, grandparents can apply for contact (visitation) or even day-to-day care orders in certain circumstances. They can also be appointed as additional guardians. The court considers whether the arrangement serves the child's welfare and best interests. Grandparents often need to show an existing significant relationship with the child and that contact is beneficial.

Custody & Care Arrangements

What is the difference between custody and care arrangements in NZ?

In New Zealand, 'custody' is no longer used legally. Under the Care of Children Act 2004, we use:

Day-to-day care: Where the child lives and who makes routine daily decisions
Contact: Time the child spends with the other parent
Guardianship: The right to make major decisions about the child's upbringing, education, and health (both parents typically retain this)

What factors does the Family Court consider for child custody?

The Family Court's primary consideration is the child's welfare and best interests. Factors include:

The child's physical and emotional safety
Existing relationships and attachments
The child's views (depending on age and maturity)
Each parent's ability to meet the child's needs
Maintaining sibling relationships
Practical arrangements for care
Any history of family violence

There is no automatic preference for mothers or fathers in New Zealand law.

What is a parenting order and when do I need one?

A parenting order is a Family Court order that determines:

Who the child lives with (day-to-day care)
When they have contact with each parent
Specific issues like schooling or medical decisions

You need one when parents can't agree. Before applying to court, you must attempt Family Dispute Resolution (mediation) unless there's urgency or family violence.

Can grandparents get custody or visitation rights in NZ?

Yes. Grandparents can apply for:

Contact orders (visitation)
Day-to-day care orders (in certain circumstances)
Appointment as additional guardians

The court considers whether the arrangement serves the child's welfare and best interests. Grandparents typically need to show an existing significant relationship with the child.

How do I change an existing parenting order?

To vary a parenting order, you must show a significant change in circumstances. The process:

Try to negotiate directly with the other parent
Attend Family Dispute Resolution (mediation)
If still unresolved, apply to Family Court for variation

The court will only change the order if it's in the child's best interests.

What happens if my ex won't follow the parenting order?

If your ex breaches a parenting order, you can apply to the Family Court for enforcement. The court may:

Order make-up time for missed contact
Require attendance at a parenting programme
Vary the order
Impose penalties (fines or imprisonment for serious breaches)

Tip: Document all breaches carefully and seek legal advice promptly.

Can I relocate with my children after separation?

Relocation is complex and depends on your circumstances:

If you have a parenting order, you may need consent or court approval
The court considers the child's best interests, reasons for the move, and impact on the other parent's relationship
International relocation is particularly scrutinised under the Hague Convention

Always seek legal advice before relocating with children.

Separation & Divorce

How long do I need to be separated before I can divorce in NZ?

You must be separated for at least 2 years before applying for dissolution (divorce). Key points:

You don't need to live in separate houses - "separated under one roof" is acceptable
You must have lived in NZ for at least one year before applying
You can apply jointly or individually
The court filing fee is $211.50 (joint) or $224.50 (sole application)

How long does a custody case take in NZ Family Court?

Timeframes vary significantly:

Simple agreed matters	2-3 months
Contested (no urgent issues)	6-12 months
Complex disputes	12-18+ months
Urgent applications	Days to weeks

Cases requiring Lawyer for Child reports or psychological assessments take longer.

Relationship Property

What is relationship property and how is it divided in NZ?

Under the Property (Relationships) Act 1976:

Relationship property includes: the family home, family chattels, and property acquired during the relationship
Separate property (may remain with original owner): gifts, inheritances, property owned before the relationship

After 3 years of marriage, civil union, or de facto relationship, relationship property is typically divided 50/50.

What is a contracting out agreement (prenup) in NZ?

A contracting out agreement (Section 21 agreement) allows couples to opt out of standard property division rules. Requirements:

Must be in writing
Both parties must get independent legal advice
Must be certified by both lawyers
Courts can set aside agreements if "seriously unjust"

These can be made before, during, or after a relationship.

Protection Orders

How do I apply for a protection order in NZ?

To get a protection order:

Apply at your local Family Court (the application is free)
You can apply without notice to the other person (ex parte) if there's immediate danger
Temporary orders can be granted within 24-48 hours

A protection order prohibits physical, sexual, and psychological abuse. A Lawyer for Child may be appointed if children are affected.

If you're in immediate danger, call 111. For support, contact Women's Refuge: 0800 733 843

Child Support

How does child support work in New Zealand?

Child support in NZ is administered by Inland Revenue (IRD):

The paying parent pays a percentage of income based on number of children
Rates: approximately 18% for one child, up to 27% for four or more
Payments continue until the child turns 18 (or 19 if still in school)
Parents can make private agreements instead of using IRD

Use the IRD child support calculator to estimate payments.

Costs & Legal Aid

How much does a family lawyer cost in New Zealand?

Family lawyer fees in NZ:

Hourly rate	$250-450/hour
Initial consultation	Free-$250
Separation agreement	$1,500-3,000
Uncontested divorce	$2,500-5,000
Contested custody	$15,000-50,000+

Many lawyers offer free initial consultations and fixed-fee options.

Can I get legal aid for family law matters?

Yes, if you meet income thresholds:

Single person: under $23,820/year
Couple: under $37,758/year
Higher thresholds apply with dependents

Legal aid covers custody disputes, protection orders, and relationship property matters. You may need to repay some costs from any settlement.

What is Family Dispute Resolution (FDR) and is it mandatory?

Family Dispute Resolution is government-funded mediation for parenting disputes:

Mandatory before applying to Family Court for parenting orders (since March 2014)
Exemptions apply for family violence, child safety concerns, or urgent situations
Free and confidential
Many disputes are resolved without going to court

Family Law FAQ NZ 2026: Your Questions Answered