How is day-to-day care of children decided after we separate?

General information from Lawmateanz

In New Zealand, parents are encouraged to agree on care arrangements themselves. Under the Care of Children Act 2004, the child's welfare and best interests always come first, and children generally benefit from a continuing relationship with both parents.

Many parents write up a parenting plan. If you can't agree, you'll usually need to do the free Parenting Through Separation course and try Family Dispute Resolution (mediation) before applying to the Family Court. Mediation is free for many people.

You don't have to go through those steps first if there's urgency or a safety issue, such as family violence.

If the court decides, it can make a parenting order setting out who has day-to-day care and when the child spends time with the other parent. Older children's views are taken into account.

Family Justice (0800 224 733) has free information, and Community Law Centres and family lawyers can help. Legal aid may be available.

Written by Lawmateanz, not by a lawyer. General information only, not legal advice about your situation. For advice about your own matter, talk to a lawyer.

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General information only. Answers are written by independent lawyers based only on what's in the question. They aren't legal advice about your situation and don't create a lawyer–client relationship. For advice about your own matter, talk to a lawyer directly.