Family Law
Children’s voices in the family justice system — hearing children’s views before making life-changing decisions for them
Summary Introduction Hearing a child’s views and allowing them to participate — what that involves Why children’s views should be listened to before making care and guardianship decisions for them: Practical life-enhancing reasons The legal requirement that children’s views be heard beforemaking care and guardianship decisions for them The current New Zealand situation Are children heard in Family Dispute...
Valuation of Cryptocurrency in Relationship Property Disputes
Summary Introduction Volatility of cryptocurrency Principles of valuation Volatility and relationship property Bypassing valuation Circumstances warranting valuation Allegedly lost or stolen New Zealand case Australian cases Trivial amount Violation of restraining order Cryptocurrency-restricted jurisdiction Capital versus income Non-fungible tokens Post-separation contribution and dissipation...
“The balance thing”: Family Court lawyers discuss the ethics of representing parents in Care of Children disputes
Summary Introduction 1 Methodology Research literature review Findings: the special ethical character of Family Court lawyering Empathetic but objective Wider ethical commitments: children and conciliation The dysfunctional client “Reality checking:” dysfunctionality and empathetic objectivity Problems with “the balance thing” Too many masters Overwhelming client autonomy Taking conciliation...
Whāngai v adoption: Succession in the Māori Land Court | A complimentary article from the New Zealand Family Law Journal
This article from the New Zealand Family Law Journal argues that an adopted child should not automatically succeed to Māori land purely on the basis that they have been legally adopted. It takes a deeper dive, explaining how automatic succession to an adopted child works directly against Tikanga Māori. Taking Tikanga Māori into consideration, an adopted child should be treated in the same way that a whāngai child is...
Falling between two stools? The risk in New Zealand’s approach to the assessment of grave risk in Hague Convention cases
Summary Background Competing policies Article 12 Article 13 Approach to evidence in Hague proceedings in the United Kingdom where grave risk is raised as a defence Policy rationale Hague proceedings in New Zealand Conclusion Copyright of the New Zealand Family Law Journal is the property of LexisNexis NZ Ltd and its content may not be copied, saved or emailed to multiple sites or posted to a...
Case note: Possession of home and trusts — Lindsay v Lamb
Summary The trusts problem Lindsay v Lamb Occupation orders Tenancy orders The future Copyright of the New Zealand Family Law Journal is the property of LexisNexis NZ Ltd and its content may not be copied, saved or emailed to multiple sites or posted to a listserv without the copyright holder's written permission. However, users may print, download or email articles for individual use. Written by...
Family law in New Zealand – what’s changing?
Summary Family law: the biggest legislative changes Modern questions require creative solutions A new government, new changes? Advice for the next generation of family lawyers Originally published by NZ Lawyer . Republished with permission. One of the most complex and deeply personal areas of law, family law deals with people and relationships – and this makes it a unique challenge for legal practitioners...