Appendix 2: Our International Obligations
New Zealand signed and ratified the United Nations Convention on the Rights of the Child (UNCROC) in 1993. This means New Zealand is committed to implementing UNCROC s principles in our own law. The principles relevant to custody of and access to children have a children s rights/parental responsibility focus.
Article 3.1 says that in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, or legislative bodies, the best interests of the child shall be a primary consideration.
Article 9.1 says that State parties shall ensure that a child is not separated from their parents against their will, except when competent authorities determine that the separation is necessary for the best interests of the child. The article notes that this may be necessary where the parents are living separately and a decision must be made as to the child s place of residence.
Article 9.2 requires all interested parties to be given the opportunity to participate in proceedings under article 9.1 and to make their views known.
Article 9.3 says that State parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis except if it is contrary to the child s best interests.
Article 12.1 says that State parties shall assure that a child who is capable of forming their own views has the right to express those views freely in all matters affecting them, with the child s views being given due weight in accordance with their age and maturity.
Article 12.2 says that, in complying with Article 12.1, the child shall be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly or indirectly, or through a representative in a manner consistent with the procedural rules of national law.
Article 16.1 says that children shall not be subject to arbitrary or unlawful interference with their privacy, family, home, or correspondence.
Article 18. 1 says that State parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child.
