Vaccination of children – what if one parent doesn’t agree?

A paternity test is a DNA test used to determine if a man is the biological father of a child. Paternity tests can be required to resolve disputes over child custody, child support, or inheritance claims. The results can be used in court to establish or disprove a biological relationship. What is the difference between a Paternity Order and a Declaration of Paternity? A paternity order is a court order that the Family Court can make, to declare that a man is the father of a child. A paternity order can also declare that a man is not the father of a child. Birth certificates require that both parents register their child’s birth. If both parents sign this, establishing paternity is a lot easier. If the father refuses to sign the birth certificate, you may choose to apply for a paternity order.    Generally, a paternity order can only be sought by the mother of the child or someone acting on her behalf (such as a lawyer). The application for a Paternity Order must be done before the child turns six. Exceptions to this age limit include if the man believed to be the father has:  Previously acknowledged paternity  Paid maintenance  Lived with the mother within the two years prior to the application.   If there is a dispute over a child’s paternity, the mother, alleged father, child, or any affected person can apply to the Family Court or High Court for a declaration of paternity, even if the alleged father or child is deceased. A person might request a declaration of paternity to establish a child’s right to inherit from the alleged father. A declaration of paternity is “conclusive evidence” of paternity meaning that it can’t be challenged. There is no time limit on applications for declarations of paternity.   If a person refuses to take a paternity test, the court may draw its own conclusions based on the available evidence. This ensures that the child’s best interests are prioritised and that legal responsibilities (such as child support) are appropriately assigned. How does a court establish paternity? A court will look at things like:  The history of the relationship between the mother and the alleged father and whether the relationship was known to anyone else.  When and how the child was conceived.  Medical evidence about the birth.  Whether the man has admitted to sexual intercourse with the mother or admitted at any time he was the father.  Whether the mother had sexual intercourse with any other man around the time of the child’s conception (to find out whether anyone else could be the child’s father).  Paternity Tests The court often recommends paternity tests (DNA tests) to determine paternity. These tests involve collecting blood or mouth swab samples from the alleged father, mother, and child. While the man can refuse the test, the court may consider this refusal in its decision.    You can talk to our family law team today about paternity testing and what it might mean for you and your family.

How does child support work? Child support is money that one parent pays to the other, when they have children together but are no longer in a relationship. The amount paid depends on the incomes of both parents and how much time the child(ren) spend with each parent on a month by month basis.  Child support is intended as a ‘balancing’ payment in order to equalize the cost of raising a child between parents. It aims to ensure that one parent is not unfairly disadvantaged by bearing a disproportionate share of the financial responsibilities associated with childcare.   There are three different ways to arrange child support Private Arrangement: The parents mutually agree on the details of child support between themselves, including who will pay, the amount, and the payment schedule. Since Inland Revenue (IRD) is not involved, this arrangement is not legally binding.  Voluntary Agreement: The parents agree on the details of the child support payments and register the agreement with the IRD, which then arranges the payments.  IRD Formula Assessment: Generally either parent can apply to IRD to determine the child support details and arrange the payments. This is the best option to choose when a parent is refusing to contribute voluntarily, ensuring that the financial responsibilities are fairly distributed. IRD Formula Assessment The IRD will consider a number of things when they do a formula assessment: A “living allowance”: this is your costs in supporting yourself; Any relevant “dependent child allowance”: this takes account of any children you have with your current partner (in other words, the costs of raising your other children who aren’t covered by child support); and  Any relevant “multi-group allowance”: this takes account of any children from another ex-partner that you have to pay child support. The purpose of this allowance is to make sure you’re able to pay for all your children who are covered by child support.  The IRD calculates each parent’s income, referred to as your “child support income,” by starting with your taxable income (before-tax income) and making specific deductions. IRD then compares the child support incomes of both parents. The difference between these incomes is used to determine who is responsible for paying child support, taking into account the difference in care costs.  You can use this calculator to estimate the amount of child support you may receive or pay, based on an IRD Formula Assessment.  Liable parents who are new to child support and earn salary or wages, will have child support payments deducted by their employer. The IRD will let their employer know how much to deduct and when. If the liable parent does not receive salary or wages, they can set up an automatic payment or direct debit.  If your income has changed you can ask IRD to take this into account. You can read more about how child support is calculated here.  Important things to remember Your new partner’s income isn’t taken into account for child support purposes, because they don’t have any legal responsibility to financially support your children. A parent might also pay child support to a non-parent carer – for example, Oranga Tamariki or a grandparent - who provides a significant proportion of the child’s on-going daily care.  It is important to remember that child support is a separate matter to child care arrangements, the IRD does not deal with child matters other than child support.  Parents should not use child support as a ‘bargaining tool’ when organizing care arrangements.  IRD child support debt remains even after the child turns 18 and is not discharged through bankruptcy. Private child support arrangements may be more favourable than those managed through the IRD, but it’s important to remember that these private agreements are not legally binding. Spousal agreements can include child support arrangements. You can talk to our specialist team today about organizing a private child support agreement. 

Contracting Out Agreements (often referred to as prenuptial agreements) are often viewed quite negatively. They can be seen as having one foot out of the door in a relationship. However, Contracting Out Agreements can be powerful tools to help you and your partner cement your intentions for how your property is dealt with when you die thus preventing a future argument between families. A Contracting Out Agreement is not just for separating couples - it can assist to ensure your wishes are upheld upon death. When you pass away with a Will, your partner has two options; they can chose to follow the terms of your Will pursuant to the Administration Act 1969 (“Administration Act”) or they can make an election under the Property (Relationships) Act 1976 (“PRA”) to have their share of relationship property determined. Why does this matter? This matters because modern relationships are complex. For a multitude of reasons you may not intend to leave your partner 50% of your property upon death. For many of our clients in second relationships, they want to provide for their partner, but they want the majority of their estate to go to their children from their first relationship. The option for partners to elect whether or not to follow your Will, can take control of your property out of your hands leaving what you may see as an unfairness to your children. This is why a Contracting Out Agreement can be such a powerful tool. With a Contracting Out Agreement in place, even if your partner elects a determination for a division of your estate in line with the PRA, they are bound by the terms of the Contracting Out Agreement which determines which assets are in the pool for division and which are out. What does a Contracting Out Agreement do? Under the PRA there is a presumption that upon death or separation your partner is entitled to an equal share of the relationship property. This legislation will apply to you unless you elect to “opt out” by entering into a Contracting Out agreement whereby you and your partner reach your own agreement on what property will be determined separate property and what will be relationship property. Without a Contracting Out agreement relationship property includes: The family home; The household chattels; Vehicles used for family purposes; That share of Kiwisaver or other superannuation policies accrued during the relationship; Your income; and Anything else acquired during the relationship or used for your shared life together. A Contracting Out Agreement is capable in most circumstances of mirroring the terms of your Will. It has the capacity to be very specific. Not only can you dictate which property belongs to which partner and their estate, you can also make special provisions for your partner upon separation or death. An example of this is in circumstances where you want the family home to pass to your children or some other third party upon death, you can still provide your partner with a qualified life interest in the home. You may decide, for example, that you wish for your partner to continue living in the home for a specific period of time (or the rest of their life) but as soon as they move out, start a new relationship, or die, the home will pass to your beneficiaries in accordance with your Will. A Contracting Out Agreement is a flexible tool capable of reflecting your Will. How do we make a Contracting Out Agreement? A Contracting Out Agreement is a binding legal document. Like most legal documents, there are specific procedures that must be followed to make sure your document is enforceable. For your Contracting Out Agreement to be valid and legally enforceable you will need to: Record the agreements reached in writing; Receive independent legal advice; and Have your signing witnessed by a lawyer. You and your partner will need different lawyers. Once you have engaged a lawyer, you can share your intentions for how you want your relationship property to be divided and any specifications for what you want to happen upon death. Lawyers can assist you and your partner to make sure you are both adequately provided for. If you have concerns about how your estate will be distributed when you die, we recommend that you discuss matters with your partner and get some advice. Furthermore if you already have a Will or a Contracting Out Agreement, we recommend that you review the terms of these documents regularly to ensure they still reflect your intentions and your circumstances.Talk to the Holland Beckett Family or Succession and Estates team for more information. This article was first published for First Mortgage Trust newsletter, April 2025.