familylawyerblog/custody/access/daytodaycare/contact

Custody and access are now called “day-to-day care” and “contact”. Custody is now referred to as day-to-day care and access is now referred to as contact. Day-to-day care (formerly custody) refers to where the child lives on a daily basis, and who is responsible for everyday things, like making sure the child is safe, that they get to school, and that they're warm and properly fed, for example. Contact (formerly access) refers to how and when a child gets to spend time with a parent or other person who does not have day-to-day care of them.

When considering the care of their children parents sometimes think of their custody rights in respect of their children, of full custody or sole custody.

Guardianship decisions are governed by the Care of Children Act 2004. The Care of Children Act 2004 came into force on 1 July 2005. Under the previous Act, the Guardianship Act 1968, "day-to-day care" was called "custody", and "contact" with children was called "access" to children.

About Guardianship

Guardianship is the term used to describe the bundle of rights and responsibilities of a parent. Every child in New Zealand has at least one natural guardian (the mother). Most children in New Zealand have two guardians (the other guardian being the father). However, not every father is a guardian. A father will be a guardian of a child if he was married to or in a civil union with the mother at any time during the period beginning with the conception of the child and ending with the birth of the child, or was living with the mother as a de facto partner at any time during that period. Even a father who is not automatically a guardian of the child can be appointed a guardian by the Family Court or by the agreement with the mother (which agreement must be ratified by the Family Court). If you are unsure as to whether you are a guardian or are not a Guardian, ask your family lawyer.

Even if guardian separate or divorce, they retain their rights of Guardianship. It is uncommon for a Guardian to be removed as a Guardian by the Family Court.

A Guardian who does not have day-to-day care (formerly custody) of a child, may feel excluded. However a guardian has the right to participate in important decisions regarding the child. If Guardians cannot agree on these decisions, they can ask the Family Court to make a decision on the Guardianship issue in dispute.

Guardianship decisions are governed by the Care of Children Act 2004. The Care of Children Act 2004 came into force on 1 July 2005. Under the previous Act, the Guardianship Act 1968, "day-to-day care" was called "custody", and "contact" with children was called "access" to children.

Who can Apply to the Family Court to Determine Parenting or Guardianship Issues

The following people can apply to the Family Court:

a parent or guardian of the child
a partner of one of the parents (whether they are married, in a civil union or in a de facto relationship) if they’ve been sharing day-to-day care (formerly custody) of the child
any member of the child’s family, wh?nau or other family group who gains the Family Court’s permission to apply
anyone else who gets the Family Court’s permission to apply

Disclaimer

This website provides general information on family law issues. Nothing on this website constitutes legal advice and the contents of this website should not be relied on as legal advice. If you face a family law legal issue, you should take specific legal advice from a family lawyer before taking any action.