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 she was as precious as a young seedling. Family Court Judge Lex De Jong drew upon his specialty in family law, his work with schools and his own life experiences to explain to a young child caught in conflict between her parents 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. “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,” Judge De Jong said in issuing a final parenting order in October 2025. The court was persuaded to rule in favour of Jeannie’s dad. One in tens of thousands of cases It was one of 81,605 cases lodged in the court in the past five years under the guardianship category which includes 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 this year, were granted – meaning a judge issued a corresponding court order. The remainder were either dismissed or struck out, lapsed, or were withdrawn or discontinued. The total number of cases lodged in the Family Court last year was 3% higher than five years earlier and 4.8% higher than a decade ago. Photo/123rf Of the 63,114 applications lodged in the court in the past year (2024-25), 26% were guardianship cases. The total number of cases was 3% higher than five years earlier and 4.8% higher than a decade ago. ‘Chatty and happy boy’ Tobias*, a chatty and happy boy who was 5 when his parents were no longer able to agree on who he should live with, was among the more recent cases. In that case custody went to his mother. Through interviews with child specialists Tobias expressed his love for both his mum and dad, and how he wanted to have equal time with them. “This would obviously be in his best interests,” Judge Rachel Paul said. After weighing up background factors, including that Tobias had a younger brother he adored, Judge Paul was satisfied it was in Tobias’ welfare and best interests to live with his mother primarily. Principal Family Court Judge Jacquelyn Moran says in all proceedings where the care of children is at issue their welfare and best interests is the first and paramount consideration. But, Family Court cases are often complex and take time to resolve, especially when they involve disputes about the care of children. Often there are no “winners” and even the children remain unhappy. ‘Not listened to’ Jennifer* told NZME she feels like she wasn’t listened to. The now 16-year-old says she was afraid of her dad, and what he might do to her, her mother and younger brother. In her opinion, the Family Court failed in its role to protect her, through insisting on access rights. She feels if she’d been able to vouch for herself earlier on, instead of lawyers and psychologists calling the shots, things might have worked out better in her favou...