Staying Safe and Sane

Protection & Parenting Orders

When a Protection Order is in place, it creates a “safety shield” that fundamentally changes how parenting is handled in New Zealand. The law recognizes that domestic violence is a serious risk to children, even if they aren’t the direct targets of the physical abuse.

How the Two Orders Work Together

In New Zealand, a Protection Order automatically suspends any existing private parenting agreements or standard contact arrangements to prioritize safety.

  • Priority of the Protection Order: The conditions of the Protection Order (like “no contact”) override general parenting desires. If a parent has a Protection Order against them, they cannot simply turn up to “see the kids” because that would be a criminal breach of the Protection Order.
  • The “Safety Gap”: While a Protection Order is temporary (before it becomes final), the court will often order that there be no contact or only supervised contact with the children until a judge can be sure they are safe.
  • Supervised Contact Centers: If the court believes the children should still see the other parent but recognizes the risk, they will mandate that visits happen at a supervised center. These centers have separate entrances and exits so you never have to see the other person during changeovers.

Strategic Steps for Your Safety

  1. Request a “Section 132” Report: You can ask the lawyer or the court for a “Specialist Report.” A psychologist or social worker will interview everyone and report back to the judge on what is truly best for the children’s safety and well-being.
  2. Lawyer for the Child: In these cases, the court will appoint a “Lawyer for the Child.” Their job is to represent your children’s best interests independently of you or the other parent. It is important to be honest with this lawyer about the history of violence.
  3. Specific Changeover Clauses: Ensure your Parenting Order states that changeovers happen at a “neutral, public place” or through a third party. This prevents the other parent from using the children as a “hook” to get close to you or harass you.

Important Reminder

If you have a Protection Order, never feel pressured to “be nice” and allow contact that isn’t specifically written in a court order. If the other parent tries to pressure you, they are likely breaching the Protection Order, and you should contact the Police.