Your cart is currently empty!
BA Useful Legislation
When you begin attempting to navigate the court process generally, you will be directed to general sites WITH BITS AND PIECES OF USEFUL LINKS such as:
- The ministry of justice website: https://www.justice.govt.nz/
- The link to legal aid is pretty poor: https://www.justice.govt.nz/courts/going-to-court/legal-aid/
- Legal aid solicitors can be located here: https://www.justice.govt.nz/courts/going-to-court/legal-aid/get-legal-aid/legal-aid-lawyer-finder/
[But these solicitors are often “at capacity] preferring to deal with cash clients paying larger amounts than the legal aid retainer] which is why it is important for you to be comfortable and confident in self representing to have a strong case.]
- 4. You might locate the “find a form page” : https://www.justice.govt.nz/about/form-finder?Filter_Topic=82&start=50
- Which is still not the specific form generator you most likely need.
- This is a relatively new link that has materialised: https://www.justice.govt.nz/family/family-court/about-the-family-court/family-court-documents/applications-and-information-sheets/
- 5. This is where the form generator is hidden: https://www.justice.govt.nz/family/care-of-children/care-of-children-form-generator/
NOTE: TAKE SOME TIME FAMILIARISING YOURSELF WITH RELEVANT LEGISLATION TO KNOW YOUR RIGHTS TO AVOID BEING MISLEAD AND MISREPRESENTED!
*Things you need to be very careful of are any steps that the court can [and will] take to threaten or intimidate you- especially on suppression [preventing you from even mentioning that you are in family court proceedings – in breach of your rights to free speech under s14 NZBORA 1990]
6. Review the restrictions and the risks- usually, the removal of your children and relentless defamation through court: https://www.justice.govt.nz/family/family-court/after-the-family-court/restrictions-on-publishing-information/
WE STRONGLY DISCOURAGE ANYONE FROM PUBLIC POSTING, LIVES OR ANY VIDEOS OF YUR CHILDREN AND NAMING THEM OR THE OTHER PARTY TO AVOID BEING PERSECUTED IN COURT FOR THIS.
7. Further the New Zealand Law society information can be found here: https://www.lawsociety.org.nz/for-the-public/complaining-about-a-lawyer/
https://www.lawsociety.org.nz/
8. The complaint process is particularly useful [don’t expect regulation- but don’t let that be a reason you don’t escalate complaints.]
9. The online form is here: https://www.lawsociety.org.nz/for-the-public/complaining-about-a-lawyer/raise-a-concern/
10. If you’re LUCKY, you may be a link for the family court form generator for court filing:
But NONE OF THIS REALLY TELLS YOU WHAT YOU NEED TO KNOW TO GET A STRONG APPLICATION BEFORE THE COURT AND WHAT TO RELY ON TO ENSURE THE COURT HAS TO ACCEPT YOUR APPLICATION AND CONSIDER THE POINTS RAISE AND SUPPORTING DOCUMENTATION.
*Note: there is no guarantee any judge will and you will learn justice is not just, it is a gamble and you have to be prepared to feel the disappointment and frustration of biased or “unfair” decisions.
PLEASE TAKE A MOMENT TO REGULATE AND UNDERSTAND THIS FACT:
COURT IS NOT THERAPY- IT [more often than not] CAN FEEL LIKE IT IS A PLAYGROUND FOR PERPETRATORS- YOU NEED TO BUILD LEGALLY STRONG CASES AND KEEP YOUR DISTRESS AND TRAUMA COMPARTMENTALIZED FOR THE STRONGEST CHANCE OF ANY SUCCESS.
At any time you are feeling triggered, overwhelmed, erratic, in shock, distressed, angry, upset, depressed PLEASE REGULATE- refer back to the “mental health hub” to ground yourself- get help to de escalate and then, have a go with the paperwork when it is safe [mentally, emotionally and physically for you to do so.
11. Even Citizens Advice Bureau: who will generally tell you “you need to speak to a lawyer” [despite claiming to offer legal advice, this rarely occurs and is often another source of exhaustion and frustration going around in circles to wear you out and make you feel that you will have no hope of success unless you do secure a lawyer. https://www.cab.org.nz/
12. Another link the court provides now is: https://www.justice.govt.nz/family/family-court/what-to-expect-at-the-family-court/prepare-for-the-family-court-checklist/
13. And “if you’re feeling overwhelmed: https://www.justice.govt.nz/family/family-court/help/general-help-and-services-for-you-and-your-whanau/
14. There is a form for you to seek leave [permission] of the court to have someone sit with you and offer support [as a McKenzie friend] nothing is guaranteed and often the court will refuse this RIGHT. [a right to feel safe and not be discriminated against]
https://www.justice.govt.nz/assets/application-to-appoint-lay-assistant.pdf