How does the Family
Court make decisions?

When the Family Court is deciding whether to make a parenting order and what should be in it, the first and most important issue it must consider is always the welfare and best interests of the child.

What's best for the adults, and things that they have or have not done, will be taken into account only if they are relevant to the welfare and best interests of the child.

The Care of Children Act 2004 sets out the key principles that the Family Court must consider when deciding what is best for a child. This includes the following factors -

• the child's parents and guardians should take the main responsibility for looking after them and making arrangements for their care, development and upbringing
• there should be continuity in the arrangements for the child's care, development and upbringing
• links between the child and their whanau or other wider family group should be preserved and strengthened
• there should be co-operation between parents, guardians and others who are involved in looking after the child
• the child must be kept safe and protected from all forms of violence, and
• the child's identity, including their culture, language and religion, should be preserved and strengthened.