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Custody/Access/Guardianship

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CUSTODY or ACCESS PROBLEMS?  WE CAN HELP.

This topic provides you with  .  .  . 

  • All the law
  • Documents
  • Custody Agreements
  • Separation Agreements
  • Court Applications
  • The procedures
  • Re-location issues
  • Useful tips. 
  • Supervised access 

We discuss all aspects of custody, access, guardianship, supervised access, re-location to another town and a host of other matters. 

PLEASE NOTE  .  .  .  On 1 July 2005 the new Care of Children Act 2004 came into effect.   We have updated all our Family Court sites accordingly.

YOUR IMMEDIATE PROBLEM

We assume that you have a dispute over custody or access o

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Feedback / Reviews / Blogs on this topic
Feedback/Blogs/Reviews from related topic: Abortion, Sterilisation and Contraception
"This topic delivered what it promised. Documents and ideas and some tips. I was happy. Miriam (Not rael name, but name supplied) Hamilton."
"I see that the documents posted on the Family Court of New Zealand now differ to the ones posted on your site, example form A4 consent to adoption -http://www.justice.govt.nz/courts/family-court/documents/forms/pdf/A4.pdf/view?searchterm=form%20a4
It asks for different information on the front page, e..g deponent and with or without notice, what does all this mean, and how do I complete this part of the form?
Do you have a sample of one of these forms completed?
Regards
Steve"

Feedback/Blogs/Reviews from related topic: Abortion, Sterilisation and Contraception
"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)

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"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: Abortion, Sterilisation and Contraception
"Well worth reading. I don't think I will have any more kids!! Louise J Auckland March 2007"
Feedback/Blogs/Reviews from related topic: Abortion, Sterilisation and Contraception
"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

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Feedback/Blogs/Reviews from related topic: Abortion, Sterilisation and Contraception
"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)"

Feedback/Blogs/Reviews from related topic: Abortion, Sterilisation and Contraception
". . . . bloody helpful for me to get through the thicket of Rules and procedures . . . Frankie - Tauranga - February 2007"
"I just want to agree . . . JCH - Auckland"
Feedback/Blogs/Reviews from related topic: Abortion, Sterilisation and Contraception
"Thanks . . . for us grandparents it was helpful to have a topic dedicated to us although we had to go to some of your other sites to get the full picture and documents. we have aplied for counselling firt.
All the best to the team at Netlaw"

"This website is TOPS!! tnx!! Q:I have a Returning resident visa issued 070307 and would like to take my 2.5 year old child to Europe for a month to simply visit my parents which I havent seen for 2 years! My childs mum(Kiwi) and her oldest daughter went last year all paid for and my parents never had a thank you!!!! and although I notified her months ago about our trip she is emotionally blackmailing me and threatening me with a laywer out of jalousy(?)or the poor thing is scared I might not come back while I have been living and working here for the last 5 years. All our arrangements are made orally. NZ and our boy is my life! Our child is staying with me every other day. I pay weekly 100$ I am a good dad, she is a good mum but I'd like to know her rights and mine as a parent within my current visa situation as well. And although my right to vote in NZ indirectly supports those who are chosen to make these laws I feel as a father quite left on my own since I consider NZ family law extremely father unfriendly..HELP please anyone! Me in Queenstown

Netlaw replies - You need to see the Familky Court at Queenstown at once and ask for counselling to try and sort this out. That costs nothing and should not take long. BUT - you should also ask a lawyer to file an application for an order because that will take a few weeks to get to Court at the very earliest and you will need to ask the Court to take urgency and it is better to file at once as a back up to counselling failing. "

Feedback/Blogs/Reviews from related topic: Abortion, Sterilisation and Contraception
"Great coverage. Keep updating the whole website, Netlaw. Barbara K - Hamilton"
Feedback/Blogs/Reviews from related topic: Abortion, Sterilisation and Contraception
"I'm making an enquiry on behalf of a relative who is paying child support for a person who is in his mid 30s now, the inland revenue who he is making these payments to told me it is not child support it is spouse support payments and he needs to go back to court to have the order changed. Who do we call now as he is not on a good income and should qualify for legal aid.

Netlaw replies: Yes, Spousal Maintenance is different from Child Support. The Family Court deals with Spousal maintenance but the IRD (Child Support Division) deals with kid's maintenance. Choose any family court lawyer and if he earns less than about $33,000 he should get legal aid."

Feedback/Blogs/Reviews from related topic: Abortion, Sterilisation and Contraception
"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: Abortion, Sterilisation and Contraception
"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)
"

"Good helpful information and tips on all of your family law topics topics. Keep it coming Netlaw. Judi - Invercargill"
Feedback/Blogs/Reviews from related topic: Abortion, Sterilisation and Contraception
"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: Abortion, Sterilisation and Contraception
"At last . . . . I managed to find law on this point on your topic. This topic as well as the other family law sites were useful to my case which involves my partner shifting to ... (edited out) and leaving me with no access. I have been treated unfairly but Netlaw gives me some hope. Gerald"
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