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This book is only available in PDF format
Authors: David Tyree, Helen Tyree
Published: 12 November 2025
Pages: 57
This paper is not intended to be a historical essay on the role of Lawyer for Child. However, it can be helpful to have an idea of where the role comes from, if only for those rare occasions it might come up in the local pub quiz.
There were large-scale changes that came to family law in New Zealand with the enactment of the Family Court Act 1980 and the establishment of the Family Court itself in 1981. This followed a lengthy process of deciding that family issues should be dealt with somewhat differently to other court matters and designing a court to specialise in that work. Alongside that realisation came the recognition that perhaps children should be considered people in their own right, whose views might be important to consider when making decisions about them.
One of the ways children’s right to be involved in judicial decision making about them was enshrined in the law was through the creation of the role of Lawyer for Child. The idea of a lawyer specifically to represent children in proceedings, by advocating for their welfare and best interests and making sure their views were considered by the Court, was pretty progressive at the time. Now it is generally considered to be an essential part of the process, albeit one with differing views over how it should be carried out.
While there are still some practitioners around who could regale you with tales of how things used to be before the Family Court, that isn’t what you have signed up for here. Instead you want to know what it means when you get that letter of appointment land in your emails or on your desk telling you that Lawyer for Child has been appointed, what you need to know yourself, and what you need to tell your client. You may also want to know how to join the illustrious ranks of the Lawyer for Child list, so we’ve got you covered there, too.
Throughout this paper we will generally refer to a singular child, rather to multiple children. Obviously as you are reading this paper, the singular also denotes the plural!
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| David Tyree Wellington Family Law Chambers Wellington |
Helen Tyree McWilliam Tyree Lawyers Wellington |