EXPERTS IN FAMILY LAW
We understand Family Law matters are not just a legal problem to our clients but an emotional and challenging process which requires compassionate and experienced representation. Our family lawyers are well experienced in the most complex family law matters and promise to offer clear and sensible advice based on the most current law.
Parenting
The modern stresses placed on families mean that there will be times when you need the services of a lawyer to assist you to clearly understand your options.
The Care of Children Act 2004 has provided major reform of the law affecting families. The Family Court now make Parenting Orders which specify which parent has the children in their care at certain times.
The Court itself has recently reformed how it will treat matters relating to children with the first step to provide (where appropriate) counselling for parents. If parents cannot resolve their issues at that stage then parents might expect the Court to direct the matter to mediation. The focus is to provide parents with all the tools to be able to resolve matters between themselves. However, if necessary, the Court will step in by providing a decision following a hearing where each parent has the opportunity to put their case to a Judge.
While settling matters through negotiation and mediation is often preferable our lawyers are well experienced in both mediation and Court hearings. We will confidently represent you in a defended hearing if that is the best option.
Family Violence
Family violence is a major issue that affects the lives of many New Zealanders. The Police and the Courts take family violence very seriously and that is reflected in New Zealand laws which aim to provide protection from family violence. The goal is not to punish, but to reduce the level of violence in our community and the suffering it causes. Layburn Hodgins family lawyers also take family violence very seriously. We are committed to assisting our clients to take urgent action and get the assistance they need to protect their family.
Under the law, family violence includes physical, sexual and psychological abuse, intimidation, harassment, and damage to property. Allowing a child to see or hear violence is considered to be psychological abuse of the child.
At the heart of the Domestic Violence Act 1995 is the Protection Order. A Protection Order is a formal court Order made by the Family Court. It names a person who has been violent and says they must not be violent towards the person who applied for the order or the applicant’s children. The protection order also prevents the respondent having any contact with the applicant or the children, unless the applicant agrees. The Court cannot direct unsupervised contact unless a Judge decides the children will be safe during visits.
Our Family Lawyers have the experience and skill to guide you through the process. We are committed to protecting your rights – whether you are a victim of family violence, a person who has used family violence, or have been wrongly accused of committing family violence.
For further information about family violence please download the New Zealand Law Society brochure.
However, if there is an urgent concern for the immediate safety of you or your family please contact the Police by dialling 111.
If you need local support please go to the link for Family and Community Services National Directory, Are You OK? Or to the Women’s Refuge.
Divorce Lawyers & Separation
The breakdown of a marriage or de facto relationship is going to be tough. But it is often tougher trying to manage without one of our experienced and sympathetic family lawyers. If you are contemplating separation then it may be prudent to talk to one of our Family Lawyers about your options. After all, the more you know the better prepared you will be to move forward with your life.
There are many issues to be resolved in any separation. We can advise you on relationship property settlements, parenting following separation and dissolution of marriage and, if necessary, represent you in the Family Court.
You can also access free counselling through the Family Court to help you work through relationship issues or help with communication after separation.
Relationship Property
Whether you have just separated from your partner or spouse, are thinking about separating, or are about to start a new relationship, you may wish to speak to one of our experienced family lawyers for advice about your legal rights and obligations and the best way forward for you.
The Property (Relationships) Act 1976 (PRA) has far reaching implications for those in a marriage, civil union or defacto relationship which extends far beyond just separating physical possessions into compensation for things such as ‘economic disparity’ and contributions to separate property. A skilled and experienced relationship property lawyer is essential to determine the extent of the relationship property and to identify the relevant issues.
Post relationship
If you are separating we will give you an idea on what is a reasonable settlement for you, and what a judge may decide if the matter proceeds to court. Most importantly, we will give you advice that is practical and realistic, with a view to helping you reach a resolution as quickly as possible. Time limits do apply, so you should seek legal advice as quickly as possible.
It is commonplace for partners or spouses to build up businesses and family trusts during the relationship. Particular care and expertise is required when dividing the relationship property to ensure that fair value is achieved and that the legal and contractual obligations imposed by the trust and business are met.
Pre or during relationship
Parties who are in a relationship, are married, or are considering entering into a relationship, marriage or civil union, and who wish to protect their assets or have a level of certainty about their financial responsibilities in the event that they separate, may enter into a Contracting Out Agreement with the other party.
These agreements can set out how property will be owned and divided in the event of separation. They can also make provisions with respect to compensation and maintenance obligations after separation.
It is wise to enter a Contracting Out Agreement as early as possible in your relationship so we recommend you speak to our specialist Family Lawyers to determine what is required in your situation.
Divorce Lawyers & Dissolution of Marriage
More commonly called “divorce”; dissolution is when a marriage or civil union is formally ended by an Order of the Family Court.
To get a Dissolution Order, all you must prove to the Family Court is that your marriage or civil union has irreconcilably broken down by showing that you and your ex-partner have been living apart for the last two years.
Our Family Lawyers can assist you to prepare either a single application for dissolution or a joint application on behalf of both you and your former spouse. Our expert assistance will speed matters, particularly when your spouse is reluctant, out of the country, or whose whereabouts is unknown.
Guardianship
A guardian of a child is someone the law has given all the duties, rights, responsibilities and powers that a parent normally has in bringing up that child. Although most parents will be guardians of their children, other family members and those appointed by the Court can be guardians of those children as well. In some cases the Family or High Court itself may become the guardian of a child and may also remove a current guardian of a child.
While a guardian’s responsibility may include the daily care of the child, a guardian’s responsibility will normally refer to the biggest decisions in a child’s life such as where they live, what school they go to, healthcare, religion and any changes of name.
Difficulties may arise if guardians are unable to agree on an important matter and the advice and guidance of our experienced Family Lawyers will assist to negotiate, arrange counselling or alternatively apply to the Family Court to decide the issue.
Paternity
Paternity is the legal word for ‘fatherhood’. There are times (such as during marriage) when the law presumes a man is the father of a child. However, where there is uncertainty there are reasons it can be important to establish paternity including so that a child knows who is or is not their father. Entitlement to care for the child and/or obligations to pay child support for that child arise from paternity.
Where this is a dispute about paternity the Family or High Courts may be asked to make a decision about whether a man is or is not the father of a child. The Court may recommend that paternity DNA tests be carried out to help make a decision.
Your Layburn Hodgins family lawyer understands the sensitive nature of paternity applications and will guide you through the process.
Adoption
Layburn Hodgins family law team would like to help you in this highly specialised area of law which includes domestic, inter-country, step-parent and whanau adoptions. We will offer you sympathetic advice and representation at each stage of the adoption process by helping you arrange your applications to Child Youth and Family, your Police checks and medical checks and to arrange suitable referees.
The process is a lengthy one which may take up to one year to complete. If you are planning an inter-country adoption the Layburn Hodgins immigration team are on-hand to assist with any issues that may arise so that your child’s transition to New Zealand is as smooth and welcoming as possible.
Child Support and Inland Revenue Department matters
We can provide you with excellent advice on a full range of child support issues for either the custodial or the liable parent. Common issues we deal with include:
- Inland Revenue child support assessments and debts
- Administrative reviews
- Court proceedings for departure orders, variations and cessation orders
- Child support voluntary agreements
- Shared care matters
- Advice when one parent does not live in New Zealand
There is a child support calculator on the IRD website.
Removing a Child from New Zealand
If you find yourself in a position involving your child being (or about to be) taken overseas without your consent we strongly advise you to call us urgently. If you fear that your child will be taken overseas without your consent you are able to apply for an Order Preventing the Removal of your child. If there is some urgency then the Family Court may give your application some priority and deal with it within hours.
An Order Preventing Removal will mean that your child cannot be taken out of the country without a further Order of the Court and your child’s passport should be surrendered to the Court. In addition to those precautions we can assist you by notifying customs of your child’s details so that the child cannot leave the country by way of non New Zealand passport.
If your child has already left the country then our specialist family lawyers will assist you with the procedures required by the Hague Convention on Civil Aspects of Child Abduction. This international treaty’s main aim is to ensure that a child that is abducted or is wrongfully retained in another country is returned to New Zealand as quickly as possible. Once returned to New Zealand the Family Court will deal with the issues which arose. However, if the country to which the child is taken in not a member of the international treaty then returning your child to New Zealand may be difficult.
In these matters it is crucial to have specialist advice and our experienced family law team will take prompt action, keeping you informed of your choices and maintaining contact with all the relevant government departments in both New Zealand and the country of abduction.
Child Youth & Family
In difficult times Child Youth & Family (CYF) or the Police may have concerns about a child’s well being or safety. If those concerns are serious then CYF may ask the Family Court to make a decision about what is best for the child. In some cases this may mean that the child goes into the care of CYF until it is considered safe for the child to return to the care of the parent/s.
The decisions made by CYF and the Family Court are governed by the Children, Young Persons and Their Families Act 1989. To fully understand your rights as parents, grandparents and whanau it is essential to have advice from a lawyer who is experienced in CYF matters. Our family law team will explain to you both your rights and also the obligations of CYF. They will liaise with the social worker and the CYF legal team to find a resolution and if necessary our family law team will strongly advocate for you in Family Court.
Agency Referrals
With a team of specialist family lawyers we welcome agency referral from over-seas and New Zealand lawyers. We are happy to appear in Family, District and High Court lists, hearings or mediations and Judicial Conferences on an urgent basis if necessary.
The services can include full estate administration, obtaining probate and registering title interests under Wills. We can also attend to conveyancing settlements, undertake searches and advise on relevant local issues to be considered.
We have significant legal experience in most areas to provide you with confidence when we handle your client’s matters. At the end Layburn Hodgins will provide you with timely and comprehensive reports.
Legal Aid
We understand that not all families can afford to pay legal fees and so we are committed to providing Legal Aid to those clients who qualify. For further information on Legal Aid please click on the link to the Legal Services Agency website. If you would like an initial indication if you are entitled to a grant of Legal Aid you can use the calculator on the Legal Services Agency website or you can ask us at your first appointment.
