Child Custody Guide
Understanding custody arrangements and children's rights in New Zealand
Day-to-day Care
Where the child lives most of the time
- âĸ Primary residence arrangement
- âĸ Daily care responsibilities
- âĸ School enrollment decisions
- âĸ Medical care decisions
Contact Arrangements
Time spent with the non-custodial parent
- âĸ Regular visitation schedule
- âĸ Holiday arrangements
- âĸ Special occasion access
- âĸ Supervised contact if needed
Guardianship
Legal responsibility for major decisions
- âĸ Education decisions
- âĸ Medical treatment
- âĸ Religious upbringing
- âĸ Name changes
Court Considerations
Child's Best Interests
- â Child's safety and wellbeing
- â Child's wishes (if age appropriate)
- â Maintaining relationships with both parents
- â Stability and continuity
- â Cultural and religious background
Parental Factors
- â Ability to provide care
- â History of violence or abuse
- â Mental health and substance abuse
- â Willingness to facilitate contact
- â Living arrangements and stability
Custody Process
1. Attempt Resolution
Try to reach agreement through discussion or mediation
2. Family Dispute Resolution
Attend mediation with a qualified mediator
3. Parenting Through Separation
Complete court-approved parenting program if required
4. Court Application
Apply to Family Court if agreement cannot be reached
5. Court Process
Attend hearings and follow court procedures
6. Final Orders
Court makes final parenting orders
Important Principles
Child's Best Interests
The paramount consideration in all custody decisions is the welfare and best interests of the child. This includes:
- Physical and emotional safety
- Maintaining meaningful relationships
- Stability and continuity of care
- Cultural and linguistic heritage
Shared Parenting
New Zealand law encourages shared parenting where possible, recognizing that children benefit from ongoing relationships with both parents, unless there are safety concerns.
Children's Views
Courts may consider the views of children, particularly those over 12 years old, but the child's wishes are not determinative. The court will consider:
- The child's maturity and understanding
- Whether the views are freely expressed
- The child's overall best interests
Need Help with Custody Matters?
Our experienced family lawyers can help you navigate custody arrangements and protect your children's interests.