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I immigrated to New Zealand, more than two decades ago, primarily to give my children the future I believed that I could not give them in Africa. I have found though, while New Zealand offered my children many opportunities, at the same time, it left them with few choices. So much so, should your … View moreI immigrated to New Zealand, more than two decades ago, primarily to give my children the future I believed that I could not give them in Africa. I have found though, while New Zealand offered my children many opportunities, at the same time, it left them with few choices. So much so, should your family go through legal and court proceedings.
Family law describes the guardianship of a child in detail, however, the care of the child is described largely as ‘welfare.’ Here, child maintenance does not exist, and child support is administrated by an act which has more to do with tax than care. The ‘welfare’ of a child described in the act refers to the time the child spends with the parents and the parents’ conduct towards the child. This is, in my opinion, why the Family Court is a warzone where parents fight to have contact with their child and often exaggerate or fabricate abuse of a child. The act does not deal with the food, schooling, housing and transport requirements of the child. And then we wonder why we have such a high rate of suicide, poverty and homelessness in New Zealand. The Family Court is a place where the child can lose their provider because a child is considered a ‘subject’ of or a ‘party’ to the court. Here, the parents may be influenced to dump their responsibility for a child on the taxpayer, through social welfare. Also, tertiary education of a child has become more the responsibility of the state, than of parents. Even affluent parents can walk away and leave the children to live on student allowances and student loans, working unskilled jobs to maintain the lifestyles they were used to. This is rationalized as being Kiwi.
I must use this article, also to warn new immigrants that, in New Zealand, children have rights that may contradict your family values. An authoritarian parenting style may get you in trouble; as simple as a neighbour or someone in a shop making a complaint about you to our child and youth agency, called Oranga Tamariki. In accompanying your child to the doctors, it may be expected that you leave the consulting room, and things like contraception may be discussed. When going to an accident and emergency clinic, be aware, a mere injury of your child can be investigated, whether it originates from abuse. And knowing South African humour, please note that joking about abuse could be taken out of context and get you in trouble. Oranga Tamariki and the Family Court can take your child without much ado. Child-fostering in New Zealand is a business and a second income for many. Grapevine reports that children are taken too easily. I was only two months in New Zealand when I heard on the radio, a father warning listeners, not to get involved with the then CYFs (now OT) or you may not see your child again. I now teach parents to help themselves through legal and court proceedings, avoiding any pitfalls of the Family Court.
Have you watched any Judge Judy shows? I guess that you were as entertained as I was. Especially when she said, over and over, paraphrased: 'This is my playpen! So, you don’t speak. As I don’t care. Because you’re an idiot.' She earns around $45 million a year because we love her… View moreHave you watched any Judge Judy shows? I guess that you were as entertained as I was. Especially when she said, over and over, paraphrased: 'This is my playpen! So, you don’t speak. As I don’t care. Because you’re an idiot.' She earns around $45 million a year because we love her no-nonsense attitude. But, have you ever wondered what happened after those real cases, to those real people?
There is no one-stop, low-cost separation education available to families. New Zealand culture depicts that such education should be free, meaning funded by the taxpayer. However, sometimes we just need to pay our own way, if we want to raise ourselves above our circumstances. During 2019, I offered free two-hour workshops on family law, and free one-day workshops on how to create your own job. As a Legal and Business Consultant, I also educate my clients in family law while I assist them with separation, parenting and relationship property agreements. A big part of my work is mediation. I believe that the problem with the Family Court is not a battle of the sexes, but a warfare of the minds: the powerful versus the vulnerable. I realise that feminism may claim otherwise, however, feminists almost destroyed me, because at the time of my own divorce proceedings, I was ‘just a mother.’
My separation education is also be used to train quality McKenzie Friends, to assist families to settle, as far as possible, out of the courtroom. Three of the four main acts of the Family Court mention the use of the McKenzie Friend in the courtroom; it is a recognised, yet under-utilised, statutory tool. A quality McKenzie Friend will assist the family through self-litigation in settling differences pertaining to violence, parenting, property division, and dissolution of the relationship. It is someone who has travelled the road and who understands that peace-making conflict resolution is of essence. A person who has authority to talk about all matters pertaining to the family, to all parties including (but not limited to) police, lawyers, judges, and social workers. A skilled support person prompting, suggesting, advising, making notes, and speaking only when permitted. Some of the outcomes of self-litigation will have to be executed by a lawyer or approved by the Family Court; however, doing the negotiations and conciliations, making agreements without the interference of legal professionals, is often helpful.
The role of the McKenzie Friend is not restricted to the Family Court; they can work in other courts. You do not always have to use a lawyer; you can be a Self-Representative or Self-Litigant. Or you may have given up trying to find a job; so, create your own, becoming self-employed. You may have a passion or hobby that you can develop so that you earn from it. If you want to become a McKenzie friend or Self-Representative / Self-Litigant, need to create your own job, or develop your micro-business so that you are able to pay your own rent, I can help.
I, Susanna Kruger (PGHEd, BSc, BusMgmt, Tikanga Māori, TESOL, Accredited McKenzie Friend Professional), help the self-representative and self-employed avoid law and money pitfalls, in and out of Court. I specialise in (1) protection, parenting and relationship property division; (2) probate, … View moreI, Susanna Kruger (PGHEd, BSc, BusMgmt, Tikanga Māori, TESOL, Accredited McKenzie Friend Professional), help the self-representative and self-employed avoid law and money pitfalls, in and out of Court. I specialise in (1) protection, parenting and relationship property division; (2) probate, administration and execution of wills; (3) collection of civil debt and small business contracts; and (4) tax, insolvency, tenancy and employment disputes. My clients so far, about equal numbers of female or male, were Māori, Samoan, Tongan, Fijian, Indian, African, South African, French, British and New Zealander. Contact Susanna for assistance in a flexible, educational, affordable and practical manner.
1. Protection, Parenting, Relationship Property Division
2. Probate, Administration & Execution of Wills
3. Small Business Claims & Contracts
4. Tax & Insolvency Disputes
And more ...
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| Tue | 9:00am ~ 5:00pm |
| Wed | 9:00am ~ 5:00pm |
| Thu | 9:00am ~ 5:00pm |
| Fri | 9:00am ~ 5:00pm |
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