Child Custody & Care of Children

Do mothers automatically get the children in New Zealand?

No. The law contains no preference for mothers — the child's welfare and best interests decide, through the statutory principles. Plenty of fathers have day-to-day care; many families share care. What the court wants is the arrangement that serves the child, not a template.

Is 50/50 shared care the starting point?

No — there is no presumption of equal time. Shared care is common and often ordered where it serves the child, but the test remains best interests, weighing practicalities like distance, school, ages and the parents' capacity to cooperate.

Can I move towns (or overseas) with the kids?

Not unilaterally, if the other parent is a guardian and objects — relocation is a guardianship decision. Courts weigh the child's interests in the move against the loss of relationship with the other parent. Moving first and arguing later is the classic mistake; it can produce return orders and lasting damage to your case.

At what age can my child decide who they live with?

There is no magic age. The child's views must be considered and are given weight according to age and maturity — a 15-year-old's views weigh heavily; a 7-year-old's are heard but not decisive. Children are usually heard through a lawyer for child appointed by the court, not by testifying.

The other parent is denying me contact. What do I do?

If a parenting order exists, document the breaches and apply to enforce it — never retaliate by withholding child support or grabbing the child back. If there is no order, apply for one (after the mediation steps, unless an exception applies). Either way, get the process moving rather than letting a bad status quo harden.