Family Court Navigates Difficult Decisions on Child Custody

The complexities of child custody decisions are at the forefront of New Zealand’s Family Court system, as judges strive to balance children’s voices with the legal framework surrounding guardianship. One notable case involved a young girl named Jeannie, who had been living in a week-about care arrangement with her separated parents. After her mother relocated, the Family Court faced the critical decision of whether Jeannie should move with her mother or stay with her father in her familiar town.

Judge Lex De Jong, drawing on his expertise in family law and personal experiences, compared Jeannie to a precious kōwhai seedling that needs nurturing in a safe and supportive environment. In a final parenting order issued in October 2025, the court ultimately ruled in favor of Jeannie’s father, allowing her to remain in the community where she had established stability.

Over the past five years, the Family Court has seen a staggering 81,605 cases lodged under the guardianship category, which encompasses custody, care arrangements, and child support. According to data from the Ministry of Justice, 49,195 cases resulted in a judge issuing a corresponding court order, while others were dismissed or withdrawn. The proportion of guardianship cases constituted 26% of the total 63,114 applications filed in the past year.

The plight of children in custody battles is not uncommon. Tobias, a five-year-old boy, recently found himself at the center of a custody dispute. In his case, custody was awarded to his mother as the judge deemed it in his best interests, especially considering his close bond with his younger brother.

Principal Family Court Judge Jacquelyn Moran emphasizes that the welfare and best interests of children are paramount in all proceedings. However, the complexity of these cases often leads to prolonged resolutions, with outcomes that may leave all parties, including children, feeling dissatisfied.

For some children, their voices go unheard. Jennifer, a now 16-year-old, expressed her frustration with the Family Court system, feeling that her concerns were not adequately considered. Having experienced fear of her father and the implications of his access rights, she believes that if she had been allowed to speak for herself earlier, the outcomes might have been different. “I think the fact that kids are considered a really vulnerable group, but they aren’t always protected, is really questionable,” she said.

In another case, a young man faced a decision to live with his father overseas. Initially supported by the court, he later changed his mind, resulting in significant distress when he refused to leave with his father. This illustrates the challenges judges face in interpreting children’s evolving wishes and ensuring their well-being.

Judge Moran noted that the law requires children’s views to be considered. “Children must be given reasonable opportunities to participate in any decisions affecting them and to express views on matters that affect them,” she stated. This can be facilitated through direct communication with judges or through legal representatives.

The Family Court deals with a broad array of issues, including family violence, adoptions, and guardianship. Judge Moran, the court’s first female Principal Family Court judge since its inception in 1981, acknowledges the pervasive impact of family violence in New Zealand. Judges regularly encounter individuals seeking help and protection from abusive relationships.

Cases involving family breakdown can be particularly challenging, especially for young migrants. Jennifer, who moved to New Zealand as a child, shared her experiences of navigating a complex family dynamic post-separation. “My brother is forced to attend supervised sessions with our biological father, even though he views this man as a stranger in his life,” she explained, highlighting the emotional toll such arrangements can impose on children.

To ensure that all parties feel heard and understood, Judge Moran insists on using clear, accessible language in court. This approach includes directly addressing children in judgments and providing them with written communication explaining the court’s decisions.

Despite its private nature, the Family Court remains part of the broader justice system, necessitating transparency and accountability. Disputes over court decisions are common, with some cases successfully appealed. A notable example occurred in 2023, when Justice Rebecca Ellis overturned a lower court’s ruling due to unfair treatment of a woman during trial proceedings.

The emotional strain on families can sometimes lead to violence. Recent incidents have highlighted the potential dangers associated with Family Court matters. In August 2024, a man held two individuals at gunpoint, fueled by anger over a Family Court outcome. Additionally, a family lawyer suffered serious injuries from an attack in a courthouse, underscoring the risks faced by legal practitioners in such high-stakes environments.

The increasing number of individuals self-representing in Family Court has contributed to delays and challenges in the system, as highlighted by Judge Moran. While self-litigants may slow proceedings, they are entitled to have their voices heard. Efforts to streamline processes include the initiative Te Au Reka, aimed at reducing the administrative burden on the court.

As Jennifer contemplates her future, she has set her sights on a career in politics, believing it will allow her to effect meaningful change. She hopes to advocate for improvements in a system that she feels often overlooks the voices of young people.

The Family Court’s role in shaping the lives of children and families remains a significant responsibility, with judges striving to balance the legal framework with the individual needs of those involved. It is essential that children are not only heard but also understood and respected in these critical decisions.