Family Law

Personal relationships and their breakdown can lead to some of life’s most difficult and distressing changes.  At such time competence and compassion are essential in your legal advisors.  Our highly regarded family law team has a vast degree of ability and experience in order to assist you in all legal requirements arising from your personal relationships. We are acutely aware of the pressures and emotional distress that can arise at these difficult times.  We pride ourselves in our ability to assist our clients at the time of their greatest need.

• Care of Children – Parenting Orders
• Separation/Dissolution of Marriage (Divorce)
• Domestic Violence
• Relocation

• Estate litigation – Family protection – Testamentary policies

Care of Children – Parenting Orders

The Care of Children Act 2004 came into force on 1 July 2005.  It is the first major reform of private law affecting children and families in 36 years.

The legislation introduced a change in terminology.  The terms “custody” and “access” have been replaced by “day-to-day care” and “contact”.

The Family Court now make parenting orders which specify which parent (or other person) has the child/ren in their care at certain times.

If you are a parent of a child/ren and the existing care arrangements are not satisfactory, then you are able to seek legal advice to assist you in formalising arrangements either by agreement or through a parenting order.

There may also be occasions where a new partner, or grandparents, wish to apply to be joined as an additional guardian and again we are able to assist with those applications.

Separation/Dissolution of Marriage (Divorce)

The only ground for obtaining a dissolution of marriage (divorce) in New Zealand is for a husband and wife to be separated for a period of two years.

Once that time period has expired the parties are free to apply to the court for an order dissolving their marriage.
It is a requirement that one party be domiciled in New Zealand at the time the application is made.

A choice needs to be made as to whether to file a single application which is then served on the other party, or for both parties to file a joint application.

Provided the necessary information and documentation can be supplied, we can efficiently prepare and arrange for service of dissolution applications whether the parties are based in New Zealand or overseas.

Domestic Violence

The Domestic Violence Act defines “domestic violence” as including physical, sexual or psychological abuse or violence.  The current legislation has a “zero-tolerance” policy towards such acts.  This, in turn, has led to a dramatic increase in the number of people obtaining protection orders against their spouses or partners.  Whether you are the victim of domestic violence or the party accused of committing that violence,  it is essential that you receive competent legal advise as to the options available to you and the manner in which to obtain the necessary legal redress.   The family law team at Turner Hopkins has extensive experience in this area of practice.

Relocation

Relocation cases arise where one parent wishes to relocate to a different city or country with the children and that move is opposed by the other parent.

The parent promoting the relocation will need to satisfy the Court that the proposed move will be in the best interests of the children, particularly if existing care arrangements with the other parent will need to be significantly changed as a result of the proposed move.

Each case will be unique and its own particular facts will determine the outcome.

Some of the factors that the Court will consider in determining these applications are:

1. Extended family situation;
2. Historical choices of residence;
3. Each parent’s relationship with the children;
4. Children’s needs;
5. Distance of proposed move.

In our experience, relocation cases are invariably difficult and distressing for the parents involved.  They are often described as “intractable” because there is usually no potential for compromise and the consequences of a relocation can be significant for one of the parents and/or the children.  Michael Robinson has had extensive experience in dealing with applications for parents to relocate (both within New Zealand or internationally) over many years.

Estate Litigation – Family Protection – Testamentary Promises

The death of a family member or close friend is  one of life’s most distressing events.  This can be even more so in the event of an actual or perceived injustice arising from their estate or testamentary disposition.  The law provides for a number of potential forms of relief for people who may be otherwise denied their legal entitlements.  We have developed a compassionate and common sense approach to deal with cases of this nature, acting for both claimants and respondents.