You are here: Home Publications Previous publications 2011 Family Court Review: Case File Sample Care of Children Act 2004 files

Previous publications

 

Care of Children Act 2004 files

Applicant’s relationship to child

Count

Percent

Mother

97

56%

Father

53

31%

Grandparent

13

8%

Other family

6

3%

Joint Mother and father

3

2%

Step parent-partner

1

1%

Total

173

100%

Ethnicity of Applicant

Count

Percent

NZ/European

104

60%

Maori

38

22%

Pacific

6

3%

Asian

2

1%

Other

15

9%

Unknown/not stated

8

5%

Total

173

100%

Ethnicity of Respondent

Count

Percent

NZ/European

99

57%

Maori

37

21%

Pacific

10

6%

Asian

1

1%

Other

17

10%

Unknown/not stated

9

5%

Total

173

100%

Total number of children (at date application filed)

Count

Percent

1

86

50%

2

50

29%

3

27

16%

4

8

5%

5

1

1%

6

1

1%

Total

173

100%

Average number of children

2

 

 

Back to top

 

 Age of children (at date application filed)

Count

Percent

Under 5 years

112

65%

5-9 years

84

49%

10-15 years

43

25%

Over 15 years

3

2%

Total

242**

**

**Each file may have multiple responses.

Interpreter directed at any stage of proceedings

Count

Percent

No

168

97%

Yes

4

2%

Not stated

1

1%

Total

173

100%

Mental Health, Drug, Alcohol allegations (from either party)

Count

Percent

No

84

49%

Yes

89

51%

Total

173

100%

Physical, sexual, psychological abuse allegations (from either party)

Count

Percent

No

49

28%

Yes

124

72%

Total

173

100%

Self represented litigant at any stage of proceedings

Count

Percent

No

92

53%

Yes

81

47%

Total

173

100%

Change of counsel for either of applicant/respondent/ or change of Lawyer for Child

Count

Percent

No

65

38%

Yes

47

27%

Yes 2 or more

60

35%

Not stated

1

1%

Total

173

100%

 

Back to top

Multiple parties

Count

Percent

No

141

82%

Yes

32

18%

Total

173

100%

Cross applications [6]

Count

Percent

No

42

24%

Yes

131

76%

Total

173

100%

Without notice parenting applications

Count

Percent

No

48

28%

Yes

125

72%

Total

173

100%

CYFS Care and Protection proceedings at any stage

Count

Percent

No

155

90%

Yes

18

10%

Total

173

100%

Complex legal issues – where judge required to interpret the law

Count

Percent

No

163

94%

Yes

10

6%

Total

173

100%

Complex legal issues – where Judge required to interpret the law.

Count

S60/safety issues

5

Relocation

2

Conflict of religious belief

1

Father convicted of murdering mother

1

Reference to multiple case law in decision

1

Application for child to leave NZ

1

Total

11**

**Each file may have multiple responses.

Domestic Violence proceedings involving same parties

Count

Percent

No

84

49%

Yes

89

51%

Total

173

100%

 

 Summary of factors present

Count

Percent

Cross applications

131

76%

Physical, sexual, psychological abuse allegations

124

72%

Without notice parenting applications

125

72%

Change of counsel

107

62%

Mental Health, Drug, Alcohol allegations

89

51%

Domestic Violence proceedings involving same parties

89

51%

Self represented litigant at any stage

81

47%

Multiple parties

32

18%

CYFS Care and Protection at any stage

18

10%

Complex legal issues

10

6%

Interpreter directed at any stage

4

2%

Total

810**

***

**Each file may have multiple responses.  ***Percentages relate to the number of relevant files where each issue was identified.

Issues in dispute as identified by judgements/directions, specialist report/s, lawyer for child report/s

Count

Percent

Guardianship issue

95

55%

Day to day care issue

152

88%

Contact issue

152

88%

Total

399**

***

**Each file may have multiple responses.  ***Percentages relate to the number of relevant files where each issue was identified.

Number of applications to vary parenting orders

Count

Percent

1

38

31%

2

32

26%

3

15

12%

4

13

11%

5 or more

10

8%

Not stated

13

11%

Total

121*

100%

*Total only includes files where applications to vary parenting orders were present. 

Back to top

Reasons for application to vary a parenting order

Count

Percent

Reasons by Applicant

Count

Reasons by Respondent

Count

Reasons by Child

Count

Change in marital status

6

5%

3

3

-

Relocation

30

25%

23

7

-

Medical reasons

10

8%

2

3

5

Wish to extend period of contact

72

59%

34

38

-

Wish to reduce period of contact

35

29%

20

14

1

Allegation of abuse

50

41%

22

18

10

Change of Primary day to day caregiver

18

15%

31

18

-

Total

221**

***

135**

101**

16**

*Total only includes responses where reasons to vary a parenting order were noted. **Each file may have multiple responses. ***Percentages relate to the number of relevant files where each reason was given.

Reasons for application to vary order – Other

Count

Change in care arrangements/inclusion of grandparents

7

Child(ren) request change

2

Travel/Christmas arrangements

2

Cancel contact/deterioration

2

Other

3

Total

16**

**Each file may have multiple responses.

Reasons given by Judge ordering parties to attend counselling: pursuant to Section 69 CoCA

Count

Percent

Enhance communications

34

55%

Recommended by lawyer for child/counsel to assist/specialist report writer

20

32%

S10/standard referral

15

24%

Likelihood of success

8

13%

S19

6

10%

Reason not stated/other

4

6%

On request by party

4

6%

Total

91**

***

Only includes responses where reasons were provided. **Each file may have multiple responses. ***Percentages relate to the number of relevant files where each reason was given.

 Reasons given by Registrar declining referral to counselling 

Count

Complexity of case

1

Likelihood of success

1

Other – please specify

1

Total

3

Back to top

 Specific purpose Court has appointed counsel to assist pursuant to Section 130 CoCA

Data

Count

Percent

Arrange Hui

2

8%

Complexity of case

9

35%

Mediation/facilitate resolution

6

23%

Welfare/Hague/evidence

3

12%

Best interests of child

9

35%

Total

29**

**

Total only includes responses where the specific purpose Court appointed counsel to assist was noted. **Each file may have multiple responses.  ***Percentages relate to the number of relevant files where each purpose was given. 

Number of adjournments

Count

Percent

1-5

35

20%

6-10

44

26%

11-15

30

17%

16-20

22

13%

21-25

19

11%

25-30

12

3%

More than 30

10

9%

Not stated

1

1%

Total

173

100%

Average number of adjournments

14

 

 

 Reasons for adjournments

Count

Percent**

Awaiting brief for specialist report, report or updated report

537

23%

For judicial list, conference, hearing or fixture

216

9%

Awaiting action by counsel/to obtain instructions from client

177

8%

Consent to be considered/filed, negotiations underway

169

7%

Monitoring

150

6%

For lawyer for child to be appointed or awaiting lawyer for child action

141

6%

Other proceedings filed which require consideration

116

5%

Timetabling directions

109

5%

Delay due to non compliance with directions, no progress or extension of time granted

101

4%

Interim orders made

99

4%

To enable completion of counselling/programme of FGC

89

4%

Awaiting service or administrative process

61

3%

For Mediation conference

59

3%

Judge, party, counsel unavailable

46

2%

Other 

41

2%

Parenting/final orders/orders made

36

2%

Awaiting affidavits

34

1%

Proceedings on hold, withdrawn, discontinued

29

1%

s60 hearing required

26

1%

For counsel to assist to be appointed or counsel led mediation

24

1%

For formal proof

15

1%

No agreement

12

1%

For delivery of reserved decision

9

0%

Varied orders

7

0%

To Registrars list

5

0%

Change of counsel or to instruct counsel

4

0%

Total

2312**

***

**Total includes all adjournment events and multiple responses per event, and excludes not stated. ***Percentages relate to each reason as a percentage of the total number of reasons given, where this is known. Note the large proportion of missing data.

Back to top

Person initiating adjournments

Count

Percent*

Judge

1032

57%

Lawyer for Child

312

17%

Counsel for Applicant

247

14%

Counsel for respondent

173

10%

Applicant

11

1%

Counsel to assist

12

1%

Respondent

12

1%

Total

1,799**

100%***

**Total includes all adjournment events and multiple responses per event, and excludes not stated.(Note the total differs from the total included in "Type of event adjournment occurs at" due to the large proportion of unrecorded data). ***Percentages relate to each party as a percentage of the total number of parties initiating adjournments, where this is known.

Back to top

Type of event adjournment occurs at

Count

Percent***

Registrars List

1130

48%

Chambers/on papers

352

15%

Judges List

324

14%

Judicial Conference

303

13%

Fixture

186

8%

Mediation Conference

78

3%

Formal Proof

4

0%

Total

2,377**

100%***

**Total includes all adjournment events and excludes not stated.***Percentages relate to each event type as a percentage of the total number of event types, where these are known.

 

Adjournment by consent

Count

Percent***

No

453

31%

Yes

1,013

69%

Total

1,466**

100%***

**Total includes all adjournment events and multiple responses per event, and excludes not stated. ***Percentages relate to each adjournment type as a percentage of the total number of events, where this is known. Note the large proportion of missing data. 

 Appeals relating to Care of Children Act 2004 files

Key themes of grounds for appeal

Count

Weight of evidence/inconsistencies with evidence/evidence out of date

6

View of child(ren) not taken into account

2

Serving best interests of children

1

Change of circumstances

1

Other

4

Total

14**

**Each file may have multiple responses.

 

Footnotes

6. A cross application is where one party files a separate application in response to an application already filed

Back to top