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Having all the facts when it comes to divorces and separation can make a traumatic time for everyone, especially children, a little bit easier to deal with.
The end of a relationship is a major stress, right up there with the death of a loved one.
Important parts of daily life suddenly need to be sorted out, while intense emotions make decision-making hard.
Here’s some information about the choices you may have to make: Can you and your partner work out who stays in the house, how to share belongings and money, and create a schedule for child care?
If you can do that respectfully, well done! Write down what you’ve agreed. The Family Court can formalise it via a parenting order, but it doesn’t have to.
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The Care of Children Act 2004 concerns children and families, emphasising that the child’s welfare and best interests come first. Having the facts will help you to come to an agreement.
Both parents are usually guardians of their children whether or not they live together. This means they both have responsibilities to support their children and make decisions about education and medical treatment.
The Act also covers the legal process for moving children to a different town or country. Additional guardians can be appointed by the Family Court but grandparents are not automatically guardians.
Parenting through Separation is a useful course offered by Barnardos, for free. Even if your partner doesn’t attend, it’s worth doing. If you go to court, this course is compulsory.
When you can’t agree, or agreements are broken, the Family Court is there. You’ll be required to go to mediation before a court hearing.
There’s a fee for this, currently $400 per person, though the fee can be waived for low incomes. Local Family Dispute Resolution oganisations offer this service.
If after mediation you can’t agree, you’ll need legal advice to file affidavits in court. These are sworn statements, so the information must be truthful. Legal aid may be available.
The Family Court process can take up to two years, with conferences, hearings and judge’s directions. When you start the court process, you ask the judge to make decisions for your family.
There are fast track options if safety is a concern. Protection orders can be made where there has been family violence, but these don’t always cover the children.
To guide you through the process and help you with the paperwork, there are Family Court Co-ordinators and Navigators (Kaiārahi). The Navigator can take calls and meet in person.
CAB is also here to help. Our services are confidential, non-judgemental, and absolutely free.
Useful Contacts
Barnados 03 539 0019, nelson@barnados.org.nz
03 578 6491, blenheim.office@barnados.org.nz
Care of Children: justice.govt.nz/family
Community Law: Communitylaw.org.nz,
0800 246 146, 03 548 1288; 0800 266 529, 03 577 9919
Family Court: districtcourts.govt.nz/family-court
Family Court Navigator/ Kaiārahi: 0800 268787 kaiārahi@justice.govt.nz
Other support agencies include The Women’s Refuge (03 544 0616), Rise (03 548 3850) and the Male Room (03 548 0403)
For support where family violence has been involved, contact The Women’s Refuge (03 577 9939)
Citizens Advice Bureau Nelson Tasman, 9 Paru Paru Rd, Nelson
Ph: 03 548 2117, 0800 367 222; email: nelsontasman@cab.org.nz, www.cab.org.nz
Citizens Advice Bureau Marlborough, Marlborough Community Centre, 25 Alfred St, Blenheim.
Ph: 03 578 4272, 0800 367 222, email: marlborough@cab.org.nz, www.cab.org.nz
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