PARENTING ORDERS

At McGowan Keam, we understand that resolving care arrangements for your children is one of the most sensitive and important matters you will ever face. Our dedicated family law team provides compassionate, clear, and practical legal support to help you establish stable, positive arrangements that prioritise the best interests of your children.

How We Can Help With Parenting Orders

Child-Focused Guidance: We keep the welfare and best interests of your children at the heart of every decision, helping you navigate parenting disputes with empathy and clarity.
Customised Parenting Agreements: We assist in negotiating and drafting tailored care arrangements, day-to-day care schedules, and contact agreements.
Robust Family Court Representation: Our family lawyers provide strong, effective representation in the Family Court to secure formal Parenting Orders and settle disputes relating to the care of your children.

Our Parenting Order Services Include

Applications for Day-to-Day Care (formerly known as custody)
Contact Orders and access arrangements (including supervised contact)
Urgent "Without Notice" Parenting Order applications
Relocation disputes and guardianship disagreements (e.g., schooling or medical decisions)
Varying or updating existing Parenting Orders as children grow or circusmtances change
Legal Aid representation for eligible parenting disputes

If you are navigating a dispute regarding care arrangements for your children, contact McGowan Keam today.

We provide legal representation throughout the Auckland region and are also available to appear in other locations. If you are based in Auckland but have a family-related matter outside the Auckland region, please contact us to discuss further.

Frequently Asked Questions

If you are navigating a dispute regarding care arrangements for your children, contact McGowan Keam today to speak confidentially with one of our attentive family lawyers.

What is the difference between a Parenting Agreement and a Parenting Order?

A Parenting Agreement is an informal or written agreement between parents outlining child care arrangements, which relies on mutual consent. A Parenting Order is a legally binding order made by the Family Court that strictly dictates day-to-day care and contact, making it legally enforceable if one party fails to comply.

How does the Family Court decide on a Parenting Order in NZ?

The Family Court decides on a Parenting Order by placing the welfare and best interests of the child as the paramount consideration under the Care of Children Act 2004. The court evaluates factors such as the child's safety, their relationship with each parent, the child's personal needs, and the child's own views depending on their age and maturity.

Do we have to go to Court if we can't agree on care arrangements?

You do not always have to go to court; parents are generally required to attend Family Dispute Resolution (FDR) mediation and complete a Parenting Through Separation course before the Family Court will consider an application for a Parenting Order. However, if mediation is unsuccessful, inappropriate, or if the matter is urgent, an application can be made directly to the Family Court for a judge to determine the care arrangements.

If you have made an agreement through FDR, you can also apply to the Court to formalise the agreement into a Parenting Order - this is something we can assist you with.

What happens if someone breaches a Parenting Order?

If a parent breaches a Parenting Order by failing to adhere to care or contact arrangements, you can apply to the Family Court to enforce the order. The court has several remedies available, such as issuing a formal warning or varying the terms of the order.