Your one-stop for family law
Who are we?
Barrister sole in West Auckland currently specializing in family law, employment law and disputed estate cases. Admitted to the bar in 1988 and has over 23 years’ experience in practice. 16 years’ experience in the Family Court where he regularly appears. Studied at University of Auckland (top ranked law school in NZ), gained BA LLB and completed a Masters in Commercial Law in 1997. Has previously practiced in Auckland City, Manukau and Sydney, Australia for a brief period. Family and Civil lead provider for legal aid. Attends Westgate Baptist Church where he leads men’s ministry and was a voluntary trustee of Man Alive in Henderson for 6 years. Married with one child at university.
Family law experience includes relationship property cases involving businesses and family trusts and proceedings in the Family Court and High Court, contracting out agreements and independent advice, an application to set aside a relationship property agreement, children’s cases involve acting for men in the Family Court, various safety issues, shared care, care and protection issues, relocation of children and orders preventing removal from NZ. Also adoption, child support and welfare guardian/property manager applications. He has attended training to be an FDR mediator and aspires to a mediator.
In the deceased estate area, he has acted for parties in Family Protection Act and testamentary promises claims. He has also acted in testamentary capacity and undue influence disputes and an application to validate unsigned Wills/Will instructions in the High Court.
In employment law, he has attended mediations and appeared for parties in the Employment Relations Authority and the Employment Court. He has drafted and advised on Employment Contracts and represented parties in exit negotiations. He has also conducted civil proceedings in the District Court and High Court.
Family Court Reforms 2014
FAMILY COURT REFORMS 2014
After several years of consultation, the government introduced reforms to the Family Court and Care of Children Act 2005 (COCA) in 2013 which came into force in April 2014. While initially they had laudable aims to reduce delay and give opportunities for out of court settlement, they became fiscally driven under Minster of Justice Judith Collins. Lawyers were eliminated from the early stages of on notice applications to save on legal aid fees. The keys points of the reforms were:
- Introduction of Family Dispute Resolution mediation service. Parties must attend this in disputes over child care arrangements before filing an application for a Parenting Order in the Family Court unless there are family violence or other urgent safety issues (in which case parties can make a without notice application to the court) or FDR is plainly impracticable.
- Parties can get free counselling and legal advice to complement FDR (if they are eligible for legal aid).
- Parties are not permitted to have lawyers represent them initially in the Family Court if they apply on notice.
- Applications in the Family Court are put on either simple, standard or without notice tracks
- Standard forms were introduced for COCA applications
- Where lawyer for the child is appointed or a psychologist’s report is ordered the court will order the parties to contribute to the costs. Subsequently the High Court has decided that legally aided parties will not normally be ordered be ordered to do so.
- Certain rules in COCA have been tightened up such the need to have leave before you can commence another application within 2 years after a Parenting Order is made.
One lawyer has described the current COCA and its associated rules as a ‘labyrinth’. If you need help on navigating the labyrinth or wish to share your opinions with me, contact me here.
Men in the Family Court
MEN IN THE FAMILY COURT
Are you on the receiving end of a Temporary Protection Order, an Interim Parenting Order providing for you to have supervised contact with your children only and maybe also a male assault female charge? Were drugs, alcohol or mental health issues involved?
Men are frequently the respondents in Care of Children Act proceedings and frequently feel they are entering ‘enemy territory’ in the Family Court. I have many years’ experience of acting for men in such situations in the Family Court and can advise you on the best steps to take in response and to obtain unsupervised contact with your children. Frequently because of what has happened and unconscious bias, men need stronger advocacy in the Family Court than women to present their case. The situation has become quite political over the years with various groups assisting men and women in domestic violence situations. In many cases, it takes skill to counter the allegations and stereotypes in order to present the truth of the matter to the court.
Men also sometimes need advice on:
- Shared care arrangements
- Child support issues
- Contracting Out Agreements in the Property (Relations) Act
- Advice on relation property after a separation particularly where there are businesses and family trusts
Please contact me for advice and representation in your situation here.
Where are we?
Office: First floor, 6A Catherine Street, Henderson ( above DTR Rentals) Auckland 0650 Mail: P O Box 21-076, Henderson
Tel +64-9-837 7091 Mob 021-03671390