Family Law Proceedings: Parenting Disputes, Protection Orders, and Domestic Violence - Legal Overview and Opinion

Running head: FAMILY LAW
Family Law
Name of the Student
Name of the University
Author Note

1FAMILY LAW
To
Mr. Jamie
Respected Sir,
This letter of opinion will provide you with an overview of the family court proceedings that are
likely to take place concerning parenting disputes, protections orders and domestic violence
related issues. Firstly, before explaining the further court proceedings, I would like to summarize
the legal proceedings that have been initiated against you. The Judge has granted the protection
order and has issued a temporary protection order against you. Additionally, an interim parenting
order has also been made against yourself and you are only allowed to supervise the contract on
terms that is approved by the Court.
Now, as you narrated the facts, it is assumed that you intend to oppose the legal orders on the
following grounds:
i. you are not the biological father of the unborn baby and intend to conduct a DNA test
after the birth of the baby;
ii. you intend to defend the temporary protection order;
iii. You do not see any future with Alicia;
iv. You merely want to maintain contact with your children;
v. You want Mary to supervise your contact with Damian
Based on the legal circumstances mentioned above, it is important to understand the legal
concepts of the disputes and the legal proceedings surrounding, in order to defend the issues.

2FAMILY LAW
In regards to the issues relating to parenting disputes, the legal framework governing such
disputes include the Guardianship Act 1968 and Care of Children Act 2004 (COCA), [Care of
Children Amendment Act (No 2) 2013]. According to section [48] of the Care of Children Act
20041, parenting order is an order issued by Family Court that keeps a record of persons
maintaining contact with a child or children as well as persons who carried out the day-to-day
care of child/children.
The court may make two types of parenting orders, namely, a final parenting order under section
[48 and 49] of the COCA or an interim parenting order as per section [49] of the COCA. While a
parenting order remain in force until a child attains 16 years of age (s. 50), an interim parenting
order is a temporary order until the final order is made as stipulated under section [49] of the
Act2. Since no fixed date is provided in interim orders, it remains in force until child attains 16
years. Further, while making a final parenting order, which ends the dispute, is made based on
the welfare and best interest of the child as stated under sections [4 and 5] of the COCA.
However, the court shall also consider safety issues such as domestic violence related to drugs
and alcohol while making the parenting order as set out under section [5(a)] and [5A] of the
COCA3. The view and opinion of the child shall be paramount while making the final order as
set out under section [6] of the COCA irrespective of gender of the children [s.4(3)] of COCA4.
A parent’s contact with his or her children may be supervised under sections [58-60] of the
COCA5.
1 Care of Children Act 2004 at section [48].
2 Care of Children Act 2004 at section [49].
3 Care of Children Act 2004 at section [5(a)] and [5A].
4 Care of Children Act 2004 at section [4(3)].
5 Care of Children Act 2004 at section [58-60].

3FAMILY LAW
The decision in the landmark case Bashir v Kacem [2010]6 permits the court to obtain a report
from specialist as well in order to assess the welfare and best interest of the child while making
the parenting order. According to section [132] of COCA, any report of a social worker may
provide information necessary to assess such best interests7.
The welfare and best interests of the child is given priority while making the order is evident
from the provision set out under section [48(4)]8, where the conditions within the parenting order
ensure:
i. children are not exposed to domestic violence while in care of either parent;
ii. children are not be exposed to anyone drinking excessive alcohol or who is under
influence of illegal substances;
In my opinion, since you only wish to maintain contact with your children, then you make a new
parenting order or vary the terms of the existing order or discharge the existing parenting order
under section [56] of the COCA with the consent of both the parties under section [57] of the
Act9. However, since an interim parenting order has been made, it shall be in force until your
children attain 16 years of age. Therefore, until they attain the age it shall be the shared
responsibility of both your wife and yourself to carry out day-to-day care of your children and
provide for their daily needs. Nevertheless, since you wish Mary to look after Jessica, she will
have to apply for a parenting order under section [47] to become the eligible person, provided
she is granted leave to make such application.
6 Bashir v Kacem [2010] NZFLR 865
7 Care of Children Act 2004 at section [132]
8 Care of Children Act 2004 at section [48(4)]
9 Care of Children Act 2004 at section [56] and [57]