Inside the Family Court: Do custody rulings really put kids first?

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Photo: Open Justice / NZME / 123rf

The role of the NZ Family Court is broader than its name suggests, but at its heart lies the best interests of a child when it comes to handling family matters.

One young teen questions if that's true, while the Principal Family Court judge says decisions are made after carefully balancing all the evidence. Tracy Neal reports.

When treading a delicate line of deciding which parent little Jeannie* should live with, the Family Court judge likened the child caught in the middle to a kōwhai seedling.

Jeannie had been living in the week-about care of her parents since they separated.

When her mum moved to a new town, the Family Court had to decide if Jeannie should live with her or remain with her father in the town she was used to.

Judge Lex De Jong drew upon his specialty in family law, his work with schools and his own life experiences to explain to Jeannie that she was as precious as a young seedling.

Photo: 123RF

"When I think about what is in your welfare and best interests, that reminds me of planting a precious kōwhai seedling," he said, when issuing a final parenting order in October 2025..

"I have to plant you somewhere where you will be safe, where you will be loved and protected, where someone can keep an eye on you to make sure you get everything you need to thrive and blossom, until you are old enough to look after yourself.

"I want you to be the best kōwhai tree possible."

The court was persuaded to rule in favour of Jeannie's dad.

One in tens of thousands of cases

The case was one of 81,605 lodged in the court in the past five years under the guardianship category, which included care arrangements, custody and access, and child support.

According to Ministry of Justice data, 49,195 of those cases in the five years to June last year were granted - meaning a judge issued a corresponding court order.

Photo: RNZ / Alexander Robertson

The remainder were either dismissed or struck out, lapsed, or were withdrawn or discontinued.

Of the 63,114 applications lodged in the court in the past year (2024/25), 26 percent were guardianship cases.

The total number of cases was 3 percent higher than five year