Care and Welfare of Children

1. Care and Welfare of Children • Care of Children Act 2004Children, Young Persons, and Their Families Act 1989

2. Care and welfare of children • What we’ll cover • Care arrangements: Day-to-day care and contact • Care of Children Act 2004 • Guardianship of children • Care of Children Act 2004 • Care and protection of children • Children, Young Persons, and Their Families Act 1989

3. Care arrangements: Day-to-day care and contact r

4. “Day-to-day care” and “contact” • Day-to-day care • Your child lives with you • You’re responsible for everyday things (like getting them to school, keeping them warm and fed) • Used to be called “custody” • Contact • Spending time with your child if you don’t have day-to-day care • Used to be called “access”

5. Counselling Mediation The Family Court process Applicationfor parenting order Family Court hearing

6. The Family Court process: Who decides? You and the other parent decide Judge decides Applicationfor parenting order Counselling Mediation Family Court hearing

7. Starting with counselling Counselling Application for parenting order Mediation Family Court hearing

8. Presenting your case at the hearing • Hire a lawyer • At the hearing you and your lawyer can – • bring witnesses and evidence • cross-examine the other side’s witnesses • Legal aid is available if you can’t afford a lawyer

9. Care of Children Act, section 4(1) • “the welfare and best interests of the child must be the first and paramount consideration”

10. The child’s best interests: How the Court decides • Key factors • Parents should have main responsibility for care of their children • Continuity in care arrangements • Maintaining links with family / whānau • Cooperation between parents and other caregivers • Keeping the child safe • Maintaining the child’s identity, including their culture

11. Challenging the Family Court’s decision • Ways of challenging the decision • Can appeal Family Court decision to High Court • Child can also appeal to High Court • Can ask Family Court to change or cancel the order

12. Guardianship of children r

13. What is a “guardian”? • You’re involved in big decisions, like – • schools • religion • major medical treatment • Parents are usually guardians (natural guardians) • Other people can sometimes be guardians • Court can remove guardian only for “grave reason”

14. Guardianship Day-to-day care Contact

15. Care and protection under the Children, Young Persons, and Their Families Act 1989 r

16. What does “care or protection” mean? • Not just about abuse or harm • Includes when parents are unable to care for their children

17. What will Child, Youth and Family do? • Social worker will investigate • In emergencies, can enter your home and take your children • May arrange a family group conference • May apply to Family Court for an order

18. What can I do? • If Child, Youth and Family think your children need care – • talk to a lawyer as soon as possible • legal aid is available if you can’t afford a lawyer • attend the family group conference and put your point of view • attend any Family Court hearing that’s held