CARE OF CHILDREN
Relationship breakdowns can be stressful for families and their children. We can help you with the Family Court process, alleviate the stress for you and help resolve your issues. Where there are safety concerns, urgent applications can be made to the Family Court and we can represent you as your lawyer. In non-urgent matters, we can assist you with the Family Dispute Resolution mediation process.
Violence in any form is not ok!
If you currently are or have been in an abusive relationship (whether physical, verbal, psychological and or sexual) we can assist you in obtaining a Protection Order, and in some cases Occupation and Furniture Orders.
In circumstances where there are care and protection concerns raised by Oranga Tamariki, (Ministry for Children) or where Oranga Tamariki are involved with your children, we can help you with this process; whether it is liaising with the social worker on your behalf, attending a family group conference, defending any applications before the Court or filing an application for contact/access. This process is often complex and extremely stressful. It is important that you have the right advice.
In matters where you have been a caregiver for a child who is under the custody of Oranga Tamariki, and you have been advised to obtain Parenting and Guardianship Orders or Special Guardianship Orders, we can assist you with these applications and liaise with Oranga Tamariki on your behalf.
The breakdown of a relationship is an emotionally difficult and stressful time. We can assist you in resolving disputes over relationship property, providing legal advice with regards to the division of relationship property and debt under the Relationship Property Act. We can also assist you in respect of Contracting out Agreements.
Adopting a child involves severing the child’s legal relationship with his or her natural mother and/or father. Since the Care of Children Act 2004 came into force, applications for Adoptions have become less common, as the Court has generally preferred to invoke the Care of Children Act where a Parenting and Guardianship Orders can be made.
Adoption applications involve arranging consent from the natural mother and/or father, and once the applications are filed, the Court will require a report from a social worker from Oranga Tamariki as to whether (or not) an adoption order would promote the child’s best interest and welfare.
If you are considering making an adoption application, we can assist you in determining your chances in respect of this process, preparing and filing the applications.
If there are any issues with regards to who the father of your child is, we can assist you in preparing an application to the Court for a Declaration as to the father of the child.
On the other hand, if you suspect that you are the father of a child, we can also assist in preparing an application to the Court for Determination of Paternity.
The Court can direct the Legal Aid agency to fund a DNA test to prove paternity (fatherhood).
We are passionate in this area of law and Noela is one of the lawyers appointed by the Court to represent people who are facing an application for a compulsory treatment order (whether you are treated as an inpatient or in the community) under the Mental Health Act 1992.
Personable skills is important to us when meeting with the client to take instructions and appearing with the client before the Judge whether at the Tumanako Unit, subacute unit or at their home.
PROTECTION OF PERSONAL PROPERTY
(PROPERTY MANAGERS AND WELFARE GUARDIANS)
If you have a loved one who has become unable to care for themselves and unable to manage his or her own affairs, and there are no Enduring Powers of Attorney in place, we can help you through this process in preparing your applications to the Court for a Property Manager Order and a Welfare Guardian Order. The Orders will enable you to make decisions with regard, to your loved one’s welfare and managing their affairs. This process requires liaising with the responsible medical professional and with the rest home that is providing care.
Noela is a qualified mediator through the NZ Law Society. Mediation is an alternative way of resolving disputes other than resorting to the Court. It is a process where the mediator helps the parties resolve their disputes by developing solutions to reach an agreement.
The Court process can be costly, time consuming and stressful when endeavouring to resolve disputes. Mediation is a great way of assisting the parties in moving forward and finding solutions to reach an agreement. It is less costly and gets the matter resolved much more quickly.