ParentingOrders&Custody
Parenting orders, day-to-day care and contact arrangements, and parenting disputes - resolved through negotiation or the Family Court.
How we can help
When parents separate, making arrangements for children is often the most pressing and emotionally charged concern. Under the Care of Children Act 2004, the welfare and best interests of the child are the paramount consideration in all decisions about care and contact. At Indus Legal, our Auckland family lawyers help parents reach practical, child-focused arrangements - whether through direct negotiation, Family Dispute Resolution (FDR), or the Family Court.
We advise on all aspects of parenting disputes, including day-to-day care (previously known as custody), contact arrangements (previously access), and specific issues such as schooling, medical decisions, and cultural or religious upbringing. Where parents cannot agree, we guide clients through the mandatory FDR process that is required before most applications to the Family Court can be made, and represent clients in court proceedings where necessary.
Our lawyers understand that every family is different. We work with parents across Botany, South Auckland, and the wider Auckland region to find arrangements that genuinely work for children and families, rather than applying a one-size-fits-all approach. We are firm advocates for our clients but always keep the focus on the child's welfare and long-term stability.
What we help with
- Negotiating day-to-day care and contact arrangements between parents
- Applications for parenting orders under the Care of Children Act 2004
- Mandatory Family Dispute Resolution (FDR) before court proceedings
- Urgent applications - including without notice orders where a child is at risk
- Variation of existing parenting orders when circumstances change
- Advice on specific issues such as schooling, travel, medical treatment, and cultural practices
Frequently asked questions
Do I have to attend Family Dispute Resolution before going to court?
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In most cases, yes. Since 2014, parents in New Zealand are required to attend Family Dispute Resolution (FDR) before applying for a parenting order in the Family Court. There are exceptions for cases involving urgency, safety concerns, or family violence. Our lawyers advise you on whether FDR is required in your situation and help you prepare.
What factors does the court consider when deciding parenting arrangements?
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The Family Court considers the welfare and best interests of the child as the paramount concern under the Care of Children Act 2004. Factors include the child's safety, their existing relationships, the child's views (depending on age and maturity), the ability of each parent to meet the child's needs, and the practical effect of any proposed arrangements. There is no automatic presumption of equal shared care.
Can I get an urgent parenting order if my child is at risk?
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Yes. Where there is an immediate risk to a child's safety or wellbeing, the Family Court can make urgent orders, including without-notice orders that take effect before the other party has the opportunity to respond. Indus Legal can prepare and file urgent applications promptly to protect your child.
Ready to discuss your needs?
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