Joinder and representation of children's interests in property
When we first began advocating for the joinder of children to proceeds of crime matters in New Zealand in 2021, we were first met with confusion and dismissal, then ridicule, and now we are met with a growing acknowledgement, that perhaps there have been missed opportunities for release of property in the past.
We specialise in the representation of children in criminal proceeds matters in New Zealand. Children have special connections to family property, particularly their family home. They also have rights under domestic and international law in relation to their care and welfare. The forfeiture of a child's family home will of course engage relevant topics of their care, welfare, and their best interests. It is important you have lawyers who can bring these topics to the Commissioner's and High Court's attention.
We specialise in the representation of children in criminal proceeds matters in New Zealand. Children have special connections to family property, particularly their family home. They also have rights under domestic and international law in relation to their care and welfare. The forfeiture of a child's family home will of course engage relevant topics of their care, welfare, and their best interests. It is important you have lawyers who can bring these topics to the Commissioner's and High Court's attention.
the criminal proceeds regime and family court orders
If a child's family home is at risk of forfeiture, this possibility can impact a child's care and welfare under the terms of a parenting order, their Oranga Tamariki plan, or in respect of protection orders and live family violence matters.
It is not unusual for us to come across families that have experience with the proceeds of crime regime, Oranga Tamariki matters, and family violence. For this reason, we are proud to be experienced in all of the above Family Court matters and the criminal proceeds regime. We can defend the restraint and forfeiture of your property in the High Court, and we can simultaneously assist with any variations of Family Court orders that are needed to ensure the maintenance of custody and care of your children.
In the Family Court and in the High Court, when children are joined to a proceeding, their best interests and welfare must be the paramount consideration (in the Family Court) or a paramount consideration (in the High Court). Frankly, it is crazy not to join children to a criminal proceeds proceeding if their family home is at risk of forfeiture. Not only is it (1) in their best interests that you join them to the proceeding, but also, (2) you give yourself further opportunities for release of property. Two birds, one stone.
We preface all this by saying there are some lawyers who may feel uncomfortable joining children to a proceeds of crime proceeding. We are not those lawyers. Our one job is to defend your property and to get as much of it back as possible. If we need to join children, your Mother, your cousin etc, we will.
Please contact us to see if we can help at [email protected] or [email protected]
It is not unusual for us to come across families that have experience with the proceeds of crime regime, Oranga Tamariki matters, and family violence. For this reason, we are proud to be experienced in all of the above Family Court matters and the criminal proceeds regime. We can defend the restraint and forfeiture of your property in the High Court, and we can simultaneously assist with any variations of Family Court orders that are needed to ensure the maintenance of custody and care of your children.
In the Family Court and in the High Court, when children are joined to a proceeding, their best interests and welfare must be the paramount consideration (in the Family Court) or a paramount consideration (in the High Court). Frankly, it is crazy not to join children to a criminal proceeds proceeding if their family home is at risk of forfeiture. Not only is it (1) in their best interests that you join them to the proceeding, but also, (2) you give yourself further opportunities for release of property. Two birds, one stone.
We preface all this by saying there are some lawyers who may feel uncomfortable joining children to a proceeds of crime proceeding. We are not those lawyers. Our one job is to defend your property and to get as much of it back as possible. If we need to join children, your Mother, your cousin etc, we will.
Please contact us to see if we can help at [email protected] or [email protected]