Your Rights When you Don’t have Custody of Your Children

Non-custodial parents definitely have rights too. Find out more about the key issues – the emotions, the legal and physical practicalities to work through. And find out what your rights are when you don’t have custody of you children.

Not getting to see your child on a day-to-day basis can be very hard to bear for many parents. There’s often a tangle of emotions to deal with, plus legal and physical practicalities to work through.

This article explores non-custodial parental rights, including visitation, child support, and maintaining positive relationships despite challenges

Key Takeaways

• Non-custodial parents in New Zealand have legally defined rights and responsibilities, ensuring they can maintain a relationship with their children.
• Understanding the distinction between custody and visitation is crucial for non-custodial parents to know their rights and obligations.
• Child support is a fundamental aspect of non-custodial parental duties, with legal mechanisms in place to enforce it.
• Foster positive co-parenting and communication with the child’s custodial parent. This benefits your child’s well-being. If needed, use legal agreements to solidify these practices
• Non-custodial parents facing unreasonable obstacles to seeing their children should seek legal assistance to enforce their rights.

Parental rights for non-custodial parents in New Zealand

What is a Non-custodial Parent in in New Zealand?

In family law, a “non-custodial parent” is the parent who doesn’t live with their child most of the time.This doesn’t mean they’re out of the picture, though! Non-custodial parents still hold vital parental rights and obligations, which can include visitation, decision-making, and financial support. Recognise both mothers’ and fathers’ rights, ensuring each parent has the opportunity to maintain a meaningful relationship with their child.

The non-custodial parent’s rights are not diminished simply because they do not have primary physical custody. They still play a crucial role in their child’s life.

Non-custodial parents should be aware of the legal rights that come with their status. These include the right to seek a modification of custody arrangements if circumstances change, the right to be involved in important decisions through legal custody, and the right to pursue paternity if it’s in question. In New Zealand, the Family Court can decide paternity and assist with child support matters, such as appealing or enforcing payments.

By understanding your rights, you take the first step towards protecting your role in your child’s life. Whether you’re dealing with child abandonment laws, considering terminating parental rights, or simply looking to understand your position better, knowledge is power.

What is Custody in New Zealand?

In the heart of family law, the term ‘custody’ carries significant weight. In New Zealand, custody refers to the arrangement of care and control for a child after the parents have separated or divorced. It’s crucial to grasp the two main types of custody: physical custody and legal custody.

Physical custody determines where the child will live and who will be responsible for their day-to-day needs. Legal custody, on the other hand, involves the authority to make major decisions about the child’s welfare, including education, health care, and religious upbringing.

When parents part ways, it’s essential to understand that custody arrangements are made with the child’s best interests at heart. The focus is on creating a stable and nurturing environment for the child, regardless of the parents’ relationship status.

Here’s a simple breakdown of custody types:

• Physical Custody: Where the child resides and who takes care of daily needs.
• Legal Custody: Who makes significant decisions about the child’s life.

Remember, the goal is to ensure that the child’s welfare is prioritised, and both parents have a role to play in their child’s upbringing, even if one does not hold custody.

Understanding Visitation and Contact Laws

When navigating the waters of non-custodial parenthood, understanding your visitation and contact rights is crucial. Visitation rights are a key aspect of maintaining a meaningful relationship with your children, even if you don’t have full custody rights. In New Zealand, these rights are often outlined in a court order following a custody case.

It’s important to know that there are different types of custody arrangements, such as joint legal custody, which can affect your visitation schedule. Here’s a quick rundown of what you might expect:

• Joint Custody: Both parents share responsibilities and time with the child.
• Sole Custody: One parent has the majority of responsibilities and time, but the non-custodial parent may still have visitation rights.

Remember, the child’s best interests are always at the heart of any custody and visitation arrangement. It’s about finding a balance that works for everyone involved, especially the children.

If you’re unsure about your visitation rights or need to modify an existing arrangement, it’s advisable to seek legal assistance. They can guide you through the process and help ensure that your relationship with your child remains strong.

Visitation and Contact in New Zealand

The Basics of Child Support in New Zealand

In New Zealand, understanding the basics of child support is crucial for non-custodial parents. Child support payments are a legal obligation, separate from the right to have contact with your child. These payments are designed to contribute towards the child’s living expenses, ensuring their well-being and stability.

When it comes to child support orders, the Inland Revenue formula assessment plays a key role. If you’re the child’s main carer, you can apply for child support through this formula. However, it’s important that you, your child, and the other parent all meet certain criteria to qualify.

Child support is not just about money; it’s about providing the necessary support for your child’s growth and development, which includes medical support and other essentials.

For non-custodial parents, visiting rights of the father or mother are also a significant aspect. While child support and visitation rights are separate matters, both contribute to the child’s welfare. A well-planned schedule for visitation can help maintain a strong bond between the non-custodial parent and the child.

Here are some of the most common examples of what child support payments cover:

• Basic necessities like food, clothing, and shelter
• Educational fees and materials
• Medical support and healthcare costs
• Extracurricular activities

Remember, supervised contact guidelines may apply in certain situations, ensuring the child’s safety during scheduled visitation. It’s essential to follow these guidelines to foster a positive environment for your child.

Child Support in New Zealand

Building a Working Relationship with Your Ex-Partner

Building a healthy relationship with your ex-partner is crucial for the well-being of your children. It’s about creating a safe place for your child to grow and thrive, even when you’re not the custodial parent. Here are some tips to foster a positive co-parenting environment:

• Communicate openly and respectfully. Use simple, solutions-focused language with your ex-partner. Instead of blaming them for a missed pick-up, try: ‘Kia ora, can we plan to have Jamie ready 10 minutes earlier next time to make the handover smoother?’
• Set clear boundaries and expectations. For example, agree on a primary method of communication (email, text, a shared parenting app like OurFamilyWizard), and a schedule for updates about your child
• Focus on the child’s needs above personal grievances. Imagine explaining your choices to your child. Could they say, ‘Mum and Dad try to get along so I feel happy even if they don’t live together’?
• Be flexible and willing to compromise. Remember, Kiwis are known for being adaptable. If a playdate runs late or there’s a sports tournament, try to find a way to make things work for your child.
• Seek mediation if communication becomes challenging.

Remember, your child support obligation doesn’t just end with financial contributions. It’s also about being an active participant in your child’s life. If you’re facing difficulties with your child support case, don’t hesitate to seek legal advice.

It’s essential to keep the lines of communication open and to approach each interaction with your ex-partner with the child’s best interests at heart.

By working together, you can ensure that your child receives the love and support they need from both parents.

Relationship with Your Ex-Partner (the child’s other parent)

When and How to Seek Legal Assistance

Seeking legal help can feel like a maze, especially when you’re trying to navigate the complexities of fathers legal rights to child or any other aspect of non-custodial parenting. But don’t worry, help is at hand! Here’s a simple guide to get you started:

• Identify Your Needs: Are you dealing with child support issues, or do you need help with a parenting plan? Knowing what you need is the first step.
• Research Your Options: There’s a wealth of information available, from the New Zealand Ministry of Justice to local advocates and shelters.
• Legal Aid: If you’re worried about costs, check if you’re eligible for legal aid. It’s there to ensure everyone has access to justice, regardless of their financial situation.
• Choose the Right Lawyer: Look for someone experienced in family law, who understands the importance of the child’s best interest and can guide you through the process of securing parenting time.

Remember, the goal is to protect your child’s well-being and ensure that you can make important decisions in your child’s life. Seeking legal advice early can prevent misunderstandings and conflicts down the line.

If you’re facing challenges such as divorce or concerns about child abuse, it’s crucial to act promptly. Legal professionals can help you understand your rights, the nuances of physical custody of the child, and how the child’s age may affect the situation. They can also assist in drafting a parenting agreement that focuses on the child’s welfare and needs. Don’t hesitate to reach out for support when you need it.

Conclusion

In conclusion, navigating the complexities of non-custodial parenthood in New Zealand can be challenging, but understanding your rights is crucial. Whether you’re a stay-at-home mum facing eviction from your children’s father’s house, or a dad striving to enforce your court-ordered visitation, the law provides avenues to ensure your parental rights are respected.

It’s important to remember that both parents have an equal stake in their children’s lives, regardless of custody arrangements. If you find yourself obstructed from contact with your children, legal advice and the children’s court can be your allies in enforcing your rights. Remember, the well-being of your children is paramount, and maintaining a positive relationship with your ex-partner can significantly benefit their upbringing. Should you need assistance, do not hesitate to seek legal support, especially if you’re facing temporary unemployment. Your role in your children’s lives is irreplaceable, and the law recognises this by offering various means to protect your parental rights.

Helpful Resources

• Ministry of Justice – Family Matters: (https://www.justice.govt.nz/family/)
• Citizens Advice Bureau: (https://www.cab.org.nz/)
• Now that you know more about the parental rights for non-custodial parents, you should read our Parenting with your ex partner article.

FAQ’s

Questions about Child Support:

• Does child support cover school fees? Not directly. Child support is calculated to cover basic living expenses. School fees may be considered ‘extracurricular costs’ and negotiated separately, potentially with a portion factored into the support payment.
• If I pay child support, do I have to pay for anything else? Potentially. Child support covers the basics, but significant expenses like healthcare, extracurricular activities, or special needs might be shared on a pro-rata basis depending on income.
• Do I have to pay child support if I can’t see my child? Yes. Child support is the child’s right, regardless of your access or visitation arrangements.

Questions about Custody & Parental Rights:

• How long does a father have to be absent to lose his rights? There’s no automatic timeframe. Parental rights involve responsibilities. Prolonged, wilful absence might be considered in a custody case if it demonstrates a lack of commitment to the child’s welfare.
• Can a father take a child away from the mother? Only with a court order or the mother’s consent. New Zealand views both parents as equal guardians, regardless of who has primary custody.
• Can a mother stop a father from seeing a child? Not without reason. Barring serious safety concerns, courts prioritise a child’s relationship with both parents.
• How do I get full custody of my child? You’ll need to apply for a Sole Legal Custody order through the Family Court and demonstrate it’s in the child’s best interest.
• How to get full custody of a child without going to court? It might be possible through a formal parenting agreement with the other parent. However, it’s wise to seek legal guidance to ensure it’s fully binding.
• If I have full custody, can I move out of the country? It depends. Significant relocation can impact the other parent’s relationship with the child, so you might need court approval depending on the circumstances.
• If there is no parenting plan, who has custody? Both parents are legally considered guardians unless a court order states otherwise.
• What are my rights as a sole custodial parent? You have primary decision-making authority about the child’s life, but the other parent typically still has a right to information and involvement where possible.
• What does it mean to have full custody of your child? You make the major decisions regarding their wellbeing, but generally, it doesn’t extinguish the other parent’s legal rights entirely.
• What happens if one parent doesn’t show up to court? Court decisions may be made in their absence, potentially leading to default judgments in the other party’s favour.
• What rights does a parent without legal custody have? At minimum, the right to be informed about the child’s life and potentially some level of visitation or involvement, depending on the circumstances.

Other Important Concerns:

• What should I do if the mother won’t let the father see the child, no custody agreement? Seek legal advice immediately and consider mediation or Family Dispute Resolution.
• What should I do if the father refuses to pay child support? Contact the Inland Revenue Department (IRD), which handles child support collection and enforcement in New Zealand.