Guidance for managing shared parenting during COVID-19 traffic light settings
UPDATE 28 April 2022: All of Aotearoa New Zealand is currently under the Orange setting under the COVID-19 Protection Framework.
Information about how the Family Court operates under different COVID-19 traffic light settings can be found on the Courts of NZ website(external link).
Please do not come to the courthouse if you are feeling unwell. Contact 0800 COURTS (0800 268 787) if you cannot enter the courthouse or are not sure whether to attend. Find contact details for a court or tribunal.
The COVID Healthline at 0800 358 5453 is also available for 24/7 advice and information about COVID-19.
This guidance explains the rules for parenting arrangements at Red, Orange and Green traffic light settings. This guidance does not apply to access arrangements under the Oranga Tamariki Act 1989.
A parenting arrangement is where there is:
- a court order under the Care of Children Act 2004 saying who has day-to-day care of a child at specified times, or
- an agreement between parents or caregivers about who has day-to-day care of a child at specified times. This includes a whāngai arrangement where whānau living in different households have a role in providing a child's day-to-day care.
You should continue with your usual parenting arrangements at all traffic light settings. You should follow public health advice if you or your child has COVID-19 symptoms(external link) or is a close contact or contact of a COVID-19 case.
Questions & answers for shared parenting arrangements
Someone in my child's other home is a close contact of a COVID-19 case. What impact does this have on our parenting arrangement?
You should follow public health advice in this situation. If this means children can’t see members of their family or whānau group in person, we encourage caregivers to provide as much access as possible by other means – such as by phone, Zoom, Facetime, Skype and other social media channels. We encourage caregivers to be generous with phone or social media contact.
I want my child to be vaccinated against COVID-19 but my child's other parent won't agree. What should I do?
The Ministry of Health website(external link) has information and resources for parents deciding whether their child should get vaccinated. You may also wish to discuss any health concerns with your child’s doctor.
The Care of Children 2004 applies to these types of situations. The Act says that guardians should act jointly when making major decisions affecting the child. If guardians are unable to reach decisions between themselves, whether informally or through mediation, we recommend they seek legal advice about their options. For more information about seeking legal advice, please refer to the question later in this guidance.
I want my child to go to school but my child’s other parent wants them to stay home because they are concerned about COVID. What should I do?
Information on the different requirements for schools, designed to promote the health and safety of staff and students, can be found on the COVID-19 website(external link). You may also wish to discuss any health concerns with your child’s doctor.
The Care of Children 2004 applies to these types of situations. The Act says that guardians should act jointly when making major decisions affecting the child. If guardians are unable to reach decisions between themselves, whether informally or through mediation, we recommend they seek legal advice about their options. For more information about seeking legal advice, please refer to the question later in this guidance.
I am vaccinated against COVID-19 and my child’s other parent is not. What impact does vaccination status have on our shared parenting arrangement?
It is up to caregivers to decide if their parenting arrangements should be changed to take account of their vaccination status. In making this decision, we encourage caregivers to consider what would be in their child’s best interests, taking into account matters such as any health risks and the child’s right to a continuing relationship with both parents.
If caregivers can’t agree on an arrangement, we recommend they seek legal advice about their options. For more information about seeking legal advice, please refer to the question later in this guidance.
Do my child or I need to show a COVID-19 My Vaccine Pass or take a COVID-19 test before we travel for parenting arrangements?
As of 18 January 2022, there are no restrictions on travel into or out of Auckland. There are no longer any requirements to show a My Vaccine Pass or take a COVID19 test to travel around Aotearoa, however some transport providers may require this to use some forms of transport.
Can public transport be used when children move between homes for parenting arrangements?
Yes, public transport can be used when children move between homes for parenting arrangements, if you follow public health guidance.
In most cases you do not need to show a My Vaccine Pass to use public transport. However some transport providers, such as airlines, KiwiRail and Cook Strait ferry transport providers, may require you to show a vaccine pass or negative COVID-19 test result, taken within 72 hours before your journey, before boarding if you are aged 12 or above. We recommend you check with the transport operator before your journey. Information about getting a COVID-19 test is available on the COVID-19 website(external link).
Guidance about the use of public transport is available on the Unite Against Covid-19 website as follows:
For travel within Red settings:
Travelling at Red(external link)
For travel within Orange settings:
Travelling at Orange(external link)
I’ve got a Family Court hearing coming up for my Protection Order/Parenting Order - what do I need to do?
Information about the Family Court under different traffic light settings can be found on the Courts of New Zealand website at:
Courts of New Zealand COVID-19 protocols(external link)
Please call 0800 COURTS (0800 268 787) if you need other information about courts.
I need legal advice – how do I get it?
Lawyers can provide advice during each traffic light setting. They will do this following public health measures.
Legal aid is available. A list of legal aid lawyers is on our Ministry of Justice website at:
Find a legal aid lawyer(external link)
You may be eligible for help from a Community Law Centre. You should phone them first, as a range of working practices are now in place across the country to comply with COVID-19 traffic light settings. You can find their contact details on the Community Law website at:
Community Law: Our Law Centres(external link)
What happens if we can’t agree how to manage parenting arrangements? Will the Family Court hear the case?
Information about the Family Court under different COVID-19 traffic light settings can be found on the Courts of New Zealand website at:
Courts of New Zealand COVID-19 protocols(external link)
Please call 0800 COURTS (0800 268 787) if you need other information about courts.
Lawyers are working and may be able to help you. They will do this following public health measures.
We were doing Family Dispute Resolution, will that keep happening?
This service will be available with mediation taking place both in person and remotely by phone or web-based. Check with your provider for ways they can help during each COVID-traffic light setting
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