• Family Law: Whats the difference between day to day care custody and contact

  • Jul 30 2024
  • Duración: 1 m
  • Podcast

Family Law: Whats the difference between day to day care custody and contact

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  • day to day care custody and custody Family Law Understanding Day-to-Day Care, Custody, and Contact in NZ Family Law in NZ. The Care of Children Act 2004 defines day-to-day care, custody legal guardianship and contact; time spent with non-custodial parent Naomi Cramer a leading family lawyer offers expert guidance and representation to ensure your child's best interests are prioritized, In New Zealand, family law is primarily governed by the Care of Children Act 2004, which emphasizes that the welfare and best interests of children are the top priorities in any decisions related to their care. Three key terms frequently arise in this legal context: day-to-day care, custody, and contact. It’s important for parents to understand these terms to effectively navigate the family law system in New Zealand. Day-to-Day Care Day-to-day care involves the routine responsibilities and decisions related to a child's upbringing. This includes managing the child's daily needs such as meals, clothing, education, medical care, and extracurricular activities. The parent or guardian responsible for day-to-day care is essentially the child's primary caregiver. Although the Care of Children Act 2004 doesn’t specifically define day-to-day care, it is understood within the broader framework of parental responsibilities. The Act highlights that all arrangements concerning day-to-day care should be made with the child's best interests and welfare as the primary consideration. In practice, day-to-day care can be either shared between both parents or assigned to one parent, depending on what arrangement is deemed best for the child. Shared care arrangements are increasingly common, allowing the child to spend significant or equal amounts of time with each parent. However, in cases where shared care isn’t practical, one parent may become the primary caregiver, while the other parent maintains regular contact. Child Custody While the term "custody" is still used informally to describe who the child primarily lives with, New Zealand law has shifted towards more precise terminology under the Care of Children Act 2004, moving away from the term "custody" in favor of "day-to-day care" and "guardianship." Guardianship encompasses all the rights, responsibilities, powers, and authority a parent has concerning their child. This includes making major decisions about the child's education, religious upbringing, and significant medical treatments. Typically, both parents are joint guardians, regardless of who has day-to-day care, unless a court orders otherwise. In summary, while "custody" may still be used in casual conversations, the legal framework now focuses on defining the specific roles and responsibilities associated with day-to-day care and guardianship. Child Contact Contact refers to the time a child spends with the parent or guardian who does not have day-to-day care. The goal of contact is to ensure the child maintains a meaningful relationship with both parents, which is considered essential for their overall well-being and development. Contact arrangements can be highly flexible and are usually customized to meet the child’s needs and the circumstances of both parents. These arrangements may include regular visits, overnight stays, holidays, and special occasions. In certain situations, such as concerns for the child’s safety, contact may be supervised. Parents are encouraged to agree on day-to-day care and contact arrangements without going to court. Mediation services are available to assist parents in negotiating agreements that best suit their family’s situation. If parents are unable to reach an agreement, they may apply to the Family Court for a Parenting Order. The court will then make a decision based on the child’s best interests, taking into account factors like the child’s relationship with each parent, the ability of each parent to care for the child, and any potential risks to the child’s safety. Naomi Cramer’s Legal Services Navigating the complexities of day-to-day care, contact, and guardianship can be challenging, and expert legal guidance is crucial. Naomi Cramer, a respected family lawyer in Auckland, offers specialized legal services to help parents understand and assert their rights under the Care of Children Act 2004. With extensive experience in family law, Naomi Cramer and her team provide personalized legal advice tailored to each client’s unique situation. They assist with negotiating parenting agreements, applying for Parenting Orders, and ensuring that the child’s best interests are always the priority. Naomi Cramer’s services include: Expert Legal Advice:Offering detailed guidance on your rights and options concerning day-to-day care, contact, and guardianship. Facilitating negotiations between parents to achieve amicable agreements without the need for court intervention. Providing expert representation in Family Court to advocate for your child’s best interests and...
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