Care of Children Bill 2003

The New Zealand parliament is currently receiving submissions on the Care of Children Bill.

Submissions close on the 25 September 2003.

The Care of Children Bill affects both parents and children in New Zealand.

When this bill was introduced into parliament it caused some controversy as the opposition claimed that the bill made a woman in a same-sex relationship a "Father". This controversy has overshadowed some far more significant aspects of the bill. This bill is probably the most significant change to family law in the last 35 years and all parents need to think about this legislation's impact on their lives.

To discuss this bill and contribute to our submission, please post messages in our Parliament - Law Discussion Group.

Laws Affected.

Major changes:

The Guardianship Act 1968 - to be repealed and replaced by the Care of Children Act 2003
The Status of Children Act 1969 and the Status of Children Ammendment Act 1987.
Common Law relating to Parenthood and Caring for Children.

Related Changes:

Adoption Act
Births Deaths and Marriages Act
Child Support Act
Family Proceedings Act
Habeas Corpus Act
Minors' Contracts Act

There are also minor changes in a number of other Acts that are references to the corresponding clauses in the new Act or are for changes in terminology made by the new Act.

Major Changes

The Act will be a Code for the Care of Children. This means it replaces the existing Common Law affecting Guardianship and Parenthood.
A child (or Minor) will become as a person under the age of 18 Years, not 20 Years as was previously the case. Children will be able to participate in proceedings to be heard and have their views considered. They will be appointed a legal representative but can commence their own proceedings without one in some cases.
A more flexible and wider definition of a parenting relationship and parents is proposed. Supposedly Same-Sex partners in a parenting relationship are
Under the new Act, a man becomes a natural guardian of a child if he is married to, or in a de-facto relationship with, a woman who bears a child, at the time the child is conceived. The same applies to women partners of women who conceive a child by artificial means, though not natural means. A partner being named on a birth certificate as the father of a child, with their consent, is seen as evidence of being the natural father.
A Man can apply to be declared a guardian of a child if he is the natural father. However, it appears that partners can only be considered as guardians in Assisted Human Reproduction situations if they consented to the procedure.
Partners (of either sex) of natural guardians may be appointed additional guardians of a child. However this is subject to restrictions that appear to disqualify not only anyone who has been violent in a domestic relationship, or abused a child in any way, but also appears to exclude anyone who has previously been involved in Guardianship or Parenting proceedings or Care and Protection Proceedings in ANY way, irrespective of the risk that person might pose to a child.
Custody and Access Orders are replaced with Parenting Orders. These control day-to-day care, contact with and upbringing of the child
Parenting Orders MUST consider how contact can be maintained with the Parent who does not have day to day care of a child.
Other Family members, not just parents or guardians, will be able to apply to the Court for a range of Orders. To remove guardianship, this includes partners of parents, grandparents, aunts, uncles and siblings, including half-siblings, of a child, as well as children themselves. For Parenting Orders, leave of the Court is required for most other family members to apply.
Supervision of contact between children and their parents, when supervision is required, is to be funded by the state to a limited extent, no longer is the parent who's contact is being supervised required to pay for all the supervision. Such Supervision is to be performed by state approved supervisors.
The Family Court will be able hear cases relating to paternity and related guardianship and parenting matters that previously could only be heard by the High Court.
A significant amount of related legislation is also ammended.