FATHERS/MOTHERS RIGHTS

Many parents feel their rights are not being respected or taken into account by the Family Court.  Jeremy is both a Family lawyer and has a passion for human rights in family law cases in the highest courts.

What are the rights of parents in relation to their children?

The answer to this question is contained in the Care of Children Act 2004. The Care of Children Act deals with all parenting cases. The rights of parents to see their children and take care of them are not as some think, without qualification. 

The key feature of the Care of Children Act is in looking at the welfare of the child in family disputes. The Act states that :

“The welfare and best interest of the child must be the first and paramount consideration”

This means the rights of the parties are subject to the welfare of the child. Parents often say to me - what about my rights?  The answer is that the parent's rights are always subject to the best interests of the child. There are often conflicts between those rights and interests.

In NZ, the Bill of Rights Act 1990, which deals with individuals rights and freedoms, also has to be taken into account.

There are many ways that your rights may need protection and are  part of the Bill of Rights. Professionals within the Family Court process need to treat you fairly, including any lawyer for child and court appointed expert. If there are long delays in the Family Court process, that is a matter your lawyer should investigate. You have rights to a fair process, natural justice and to be given a fair hearing. These are matters your lawyer should advocate for you.

Jeremy is an experienced lawyer in this field who will help you in this area - contact him today on 09 263 6953 or email him on jeremy@jeremysutton.co.nz for an appointment.