When parents separate, disagreements over children’s care can create uncertainty and conflict. A Parenting Order, made under the Care of Children Act 2004, is the Family Court’s solution.

What is a Parenting Order?

A Parenting Order is a legal mechanism that sets out the care arrangements for a child when their parents or guardians can’t agree. It’s primary purpose is to provide certainty and stability for a child’s care.

When determining what goes into a Parenting Order, the paramount consideration is the child’s welfare and best interests.

What a Parenting Order Covers:

A Parenting Order addresses all aspects of a child’s care. It can be made as a temporary interim order, or a permanent final order.

Day-to-Day Care: This replaces the outdated language of “custody” and specifies who the child will live with and on what schedule. The Parenting Order can state that one person has the day-to-day care at all times, or that the role of day-to-day care is shared between two or more people at specified times (for example, on a week-about basis).

Contact: Contact defines how the child will spend time with the other person/people they do not live with. A Parenting Order can set out the duration and timing of this contact as well as how the contact will occur, for example, whether it is direct (face-to-face) or indirect (via phone or video calls). Contact may also be supervised by a trusted friend/family member, or by a professional agency. Supervision is usually required when there are safety concerns for the child arising out of their contact with a particular person.

Terms and Conditions: Additional terms and conditions may be included in a Parenting Order to ensure the arrangements operate smoothly. These may be agreed between the parties or imposed by the Court and can cover matters such as supervision, handovers and communication. 

Summary: A Parenting Order can be drafted to be as prescriptive or as flexible as is appropriate for a particular family. There is no “one size fits all” approach – arrangements that work well for one family may be unsuitable for another. The level of detail will depend on the needs of the children, the capabilities of their caregivers, and the nature of the relationship between the parties. In higher conflict situations, Parenting Orders are typically more detailed to minimise uncertainty and reduce the risk of further dispute. 

Benefits of a Parenting Order:

There are numerous benefits of a Parenting Order. Some include:

  • Legal Enforceability: A Parenting Order is a legal and binding document. This means that if one party fails to comply with the Parenting Order, the other party can seek enforcement from the Court.
  • Certainty: A Parenting Order clearly defines the roles and responsibilities of each party and sets out the schedule for day-to-day care and contact. This reduces the potential for future disputes and provides a clear roadmap for both parents and the child.
  • Tailored and Flexible: As above, a Parenting Order can contain a range of terms and conditions to suit a particular family’s needs and can be as prescriptive or open as desired.

Who Can Apply?

If you are a recently separated couple with children and want to figure out their care arrangements, your first step is Family Dispute Resolution (“FDR”). FDR is a free mediation service whereby the parties meet with an independent mediator who helps them to reach agreement on arrangements under the Care of Children Act. It is a requirement that you attempt FDR before applying to the Court for a Parenting Order, though exceptions apply (such as where there has been family violence between the parties, or an Order needs to be made on an urgent basis). 

If agreement is reached, this can be turned into a legally binding Parenting Order. If not, then you may then proceed to make an application to the Family Court.

You have an automatic right to apply for a Parenting Order in respect of a child in the Family Court if you are that child’s parent and/or guardian, or a spouse/partner of the child’s parent. If you do not fall within that class of people, you can still apply for a Parenting Order, but you must apply for and be granted “leave” (permission) from the Court.

Something to Note:

A Final Parenting Order will remain in place until the child is 16 years old, unless it is varied (changed) or discharged (removed by the Court).

If you want to vary the Final Parenting Order within the first two years of it being made, you need to apply for leave (permission) from the Court. In order to obtain leave, you need to establish “a material change in circumstances”. This looks like circumstances which, if the Judge had known about them at the time of making the Order, they would have made a different order.

Want to learn more?   

Get in touch with our Wellington and Rotorua family teams, for personalised advice and to book a consultation.