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FAMILY LAW

Care of Children Act 2004

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A completely new Act.  You need to know all about it.

 

 

This topic should be read in conjunction with our topic -  

 

Access/Custody/Guardianship

 

On our topics you will get - 

  • full documentation,
  • how to resolve the issues by Mediation,
  • going to Court
  • separation and custody Agreements ready to download. 

 Many other documents are provided including Court application forms.

 

The new Care of Children Act 2004 came into legal effect on 1 July 2005.

 

We hesitate to say it is a radical new Act but it is worth noting that it replaces 38 sections in the former Guardianship Act 1968 with 164 sections in this new Act.  Have a skim read of it.

The first part of this topic has been displayed free of charge. Join up for $45 to have access to this and all other topics!


Feedback/Reviews/Blogs
Feedback / Reviews / Blogs on this topic
20-Jun-07
"I liked the coverage and all the related documentation through the links. I liked being up to draw up my own simple Agreement. I wonder if you could put some real life case on Netlaw. It may be really interesting. Jenny M. May 2007"
20-Jun-07
"Dear Clients,

On most of our Family Law topics we have direct links to the latest Family Court cases on the topic. These were finally loaded in the first week of June 2007 . . . . . Netlaw"

Feedback/Blogs/Reviews from related topic: Access - All About Supervised Access
"Hi Netlaw,

I was really helped by this topic, particular the instant link to at least 25 recent reported decisions of the Family Court. It really helps those who don't know how to look up this stuff. Thanks . . . Kathryn - Balclutha April 2006"

Feedback/Blogs/Reviews from related topic: Access - All About Supervised Access
"Well worth reading. I don't think I will have any more kids!! Louise J Auckland March 2007"
Feedback/Blogs/Reviews from related topic: Access - All About Supervised Access
"Up to date. Great. the IRD Child Support site is so hard to follow. You need a computer degree. You tell it like it is. (One pissed off father)

"

"Bloody fantastic coverage. Easy to understand and work out. Mike R - Auckland Central"
"Please advise - My partner pays his ex-wife child support every week. (The amount was agreed via a settlement agreement nutted out between lawyers at mediation.) Is this child support still payable on weeks when we have the children? (in school holidays we have the children for half of the time). It seems unfair for his ex-wife to be getting paid child support when we are supporting the children.
Netlaw replies - The access you enjoy in the holidays must be averaged out over the whole year. It does not apply on a weekly basis. That sounds unfair but that is the way it has been interpreted. "

Feedback/Blogs/Reviews from related topic: Access - All About Supervised Access
"I did my dissolution from all your documents and tips. JGH - Auckland - June 2007"
"Hi, great site! I need a bit more help. I need to serve dissolution papers on my ex-husband. However, he cannot be found. I can apply to the court to have them served on his mum instead using the form interlocutory application without notice AND filling in a general Affidavit form. I can't find any help for this on this pages. Also, do I put that my application for one party is made with or without notice? (first page).

Netlaw replies -You have obviously accessed our Dissolution site. Also access our Family Court Rules topic. Our basic documents are correct but you can double check them by going to the Dissolution topic and clicking on to the Direct Link to the Family Court Website. When that topic opens up, scroll down to FORMS, then on to LIST OF FORMS then on to FORMS UNDER FAMILY PROCEEDINGS ACT then down to Forms 11 and 12. Don't forget you have to add an Information Sheet and we have a topic Information Sheet. So that gets you started. 3 documents there.

Right, then go to our topic Family Court Rules and click on to those Rules through the Direct Link provided. When the Rules come up (a little longer if you are only on dial up) then choose Rule 126 which tells you all about substituted service. You need a simple Application (Without Notice) following the same format as your main Application and you need an Affidavit in Support of Application for Substituted Service. 2 documents. You do not need a second Information sheet.

Take your time. But put in the reasons why you need substituted service. Say where he might be, when you last had contact with him, where his extended family live etc. Cheers . . . . Netlaw

"

Feedback/Blogs/Reviews from related topic: Access - All About Supervised Access
"The best topic I have seen so far. Everything I needed. My lawyer said I needed to pay in $2000 to get the thing started. I did it myself. It took some effort but I got there. He did not defend it and now, thanks to Netlaw and the Court staff, I have my Order from the Court in my hand. Money well spent (Identity withheld) Auckland - June 2007"
"Excellent documents and access to the precise law.The Court staff were helpful. Gayle. Coromandel."
"Really useful. One letter (and some draft documents) from me did the trick. I did not need to go near a lawyer. The "other" person was my partner's "ex" and she followed me to work almost every day threatening me but not in a criminal way The Police said she had not committed a crime. My letter worked. She has not done it since but my response looked really professional. Thanks - Barbara - Tauranga "
Feedback/Blogs/Reviews from related topic: Access - All About Supervised Access
"Up to date. Great. the IRD Child Support site is so hard to follow. You need a computer degree. You tell it like it is. (One pissed off father)"
Feedback/Blogs/Reviews from related topic: Access - All About Supervised Access
"Hi, what is the success of wives asking for spousal support today? is it a common application or is it becoming too rare because there is DPB available and also because the system is changing and not favoring this type of maintenance anymore?? I just like to have a rough idea if I should pursue this. I've recently been made redundant, am getting no child maintenance and my ex says that I wont be able to get anything anyway as his business is off shore...Any help will be great thanks.

Netlaw replies: It is not common because the DPB is well above what most partners could afford, and still maintain themselves. But in financially well off families spousal maintenance is a runner, particularly until a matrimonial property division provides the partner in need with a large lump sum. Then, the need for extra maintenance dissipates. Apply for a benefit immediately and then apply also to the Family Court for an order for spousal maintenance. If the orders you receive amount to LESS than the DPB then that money goes towards the benefit, not on top. But if your order is MORE than the benefit then you just go off the benefit and take the sum awarded."

Feedback/Blogs/Reviews from related topic: Access - All About Supervised Access
"I was accused wrongly. It is an awful process to go through. But I found the Notice of Defence document on your site and I could not find it anywhere else. I tried and tried. So good on Netlaw. The Court ordered blood tests and I had to pay half but then those blood tests excluded me and now I am asking the court to make her pay me back. I will let you know what happens This topic on paternity helped me greatly. Jon A -South Auckland"
Feedback/Blogs/Reviews from related topic: Access - All About Supervised Access
"I did my own documents and got before a Judge and got my own order for protection. I reckon I did it faster then my lawyer last time I need such an order two years ago.
Thank you . . . . Sandie (not my real name)"

"Don't forget, you can do it yourself but if you are ona benefit your lawyer gets paid by legal aid. Annie Y - Auckland"
Feedback/Blogs/Reviews from related topic: Access - All About Supervised Access
"Very helpful . . . McBreen"
"Now that I understand the principles it has made it easier for me to prepare and make final decisions. thank you. Kirsten."
"Great coverage to have it all laid out. Could you try and give us some uncomplicated documents. yours are useful but are there any simpler docs? Keep up the good work. A really helpful website. Graeme H. Wellington - May 2007"
"I have made good use of this topic and the other topics on Wills. Well done. Jim H (retired) - Devonport - May 2007"
"Bloody Hell! You provide us with the documentation as well! This is great stuff. I will still use a lawyer but I now have enough information to make some informed decisions myself.
Kevin M - Hamilton"

"Hi Netlaw...i have found your site very helpful to me in applying for a parent order. Anexcellent site with the right information, easy to use steps.

Thanks so much :)))"

"HI, posted yesterday trying to find application boilerplate for challenging will due to unsound mind (with medical evidence). Thanks"
Feedback/Blogs/Reviews from related topic: Access - All About Supervised Access
"My husband and I liked all this information. Keep it up please! Well worth the $45. We have spent so much on lawyers, blast them. I suppose they are necessary but when we see these concepts set out simply by you in Netlaw we wonder what all the secrecy and fuss was about in other matters. "
"I have heard that through the Will I am able to gift up to $27 500.00 of my property per year to some one that I want to inherit without paying gifting fees where do I find a template for this

Netlaw answers: Good morning,

You posted a blog on Netlaw this morning. We reply as follows.

Gift duty is not payable on money or assets which pass under your will. Therefore, you can leave $1,000,000 to someone in your will and it is not classified as a gift.
However, if you wanted to give someone $1 million during your lifetime then that would attract gift duty at 40 cents in the dollar (subject to a more specific calculation about a lesser amount of gift duty in some bands above $27,000) for any amount gifted over $27,000 per year. This is why gift programmes over a number of years have to be set up during the course of your lifetime to avoid or minimise paying gift duty.
But we repeat - money or assets left under a will are not treated as gifts for gift duty purposes. Nor are death duties payable any more. They were abolished well over 10 years ago.

Cheers . . . . Netlaw"

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