Education Policy | Post Primary | Preschool | Primary | Tertiary | Search

 


Violence and deception in the family court


14 January 2012

Violence and deception in the family court

University of Waikato PhD student Jalesi Nakarawa has received a $25,000 Auckland Medical Aid Trust Scholarship to complete his research into violence and deception in the family court.

Jalesi’s PhD looks at the role of violence and deception that is the reality of family court proceedings.

He argues that aggression and deception are two fundamental traits of human nature, but current family court legal frameworks treat aggression, lying and deception as sickness or immoral behaviour.

“Family court reforms should proceed from the premise that these traits are part of human nature. The family court is merely an extension of the arena where these traits are played out and in which legal fiction affords some degree of legitimacy to deception.”

He argues that deception is not easily discernible and defendants, victims, lawyers, judges and court psychologists all inadvertently lend to the deception in family court proceedings.

“When I started looking at family court cases I noticed that some judges don’t apply the law ensuring the best interest of the child and the protection of victims when dealing with domestic violence. Instead they rule on what they reason the law infers supported by theories like ‘parental alienation’ and ‘typologies of violence’ which on the whole plays against the interests of women and children.

“There is a discrepancy in what the law dictates the outcome should be with some judgements being handed down in the family court,” says Jalesi.

“These judges are fathers, mothers, brothers or sisters with personal perceptions of family relationship that at times sway their deliberation. Likewise court assessments by psychologists are often designed for courtroom expediency employing language and diagnostic labelling that is not only misdirected and often damaging, but also clinically suspect.”

To complete his research Jalesi will look at a number of New Zealand family court proceedings and use a theoretical framework to examine how domestic violence and deception play a decisive role in the outcomes. The results will then be compared to similar cases in Australia and the United Kingdom.

The Auckland Medical Aid Trust Scholarship provides funds for individuals to undertake research towards a doctoral degree at a New Zealand university.

ENDS

© Scoop Media

 
 
 
 
 
Culture Headlines | Health Headlines | Education Headlines

 

Eddie Izzard: UK Comedy Legend Returns

Hailed as one of the foremost stand up comedians of his generation. Star of stage and screen. Tireless supporter of charity. Runner. Political campaigner. Fashion Icon... February 2015, Eddie Izzard will bring his massive FORCE MAJEURE world tour to New Zealand with tickets going on sale at 10am on Tuesday 28th October. More>>

Festival Starts 28 Oct: Improv Fest Makes Up New Show

For any other festival, finding out less than two weeks from showtime that half the cast of a programmed show can’t make it to New Zealand would be a nightmare. Instead, the New Zealand Improv Festival Director Jennifer O’Sullivan saw an opportunity ... More>>

NZ Music Awards Finalists: Lorde, Sol3 Mio Top 2014 Tuis Charge

Lorde has taken the music world by storm during the past year and she co-leads the 2014 Tui charge with five finalist spots. Joining her is newcomer family opera trio, Sol3 Mio. They are followed closely by Ladi6 and David Dallas, both up for four awards each. More>>

From 'Luther' Creator: Major New Zealand Crime Series For BBC

Libertine Pictures and writer Neil Cross have teamed up with leading international TV producer Carnival Films to develop a major new crime series set in Rotorua. Libertine will develop the contemporary drama series with Carnival, producer of internationally-acclaimed British period drama Downton Abbey, for the BBC. More>>

ALSO:

Family Statement: Death Of Ewen Gilmour

“Ewen was a much loved and cherished member of our family, he was a larger than life character and by his very nature was kind, generous and always giving of his time to those who asked for his help." More>>

ALSO:

Auckland: St. Jerome's Laneway Festival - Line-Up Announced

Traversing seven cities and three countries, the festival has well and truly settled into its home in each state. From the grassy knolls and towering silos at home in Auckland, to the sparkling backdrop of the Maribyrnong... More>>

Scoop Review Of Books: No Longer An Island

Simon Nathan reviews 'Zealandia: Our Continent Revealed': The idea that New Zealand is part of a large submerged continent is not new... There was renewed interest in the extent of offshore New Zealand from the 1970s onwards with the start of offshore drilling for oil and gas, and this was given impetus by a UN agreement which allowed countries to claim an Extended Continental Shelf (ECS). More>>

Art: Simon Denny Recreates Kim Dotcom’s Personal Effects

Who owns what? How has the internet changed our relation to the world? These are two of the many questions Simon Denny raises in the latest exhibition at the Adam Art Gallery, opening on Saturday 4 October. More>>

ALSO:

Get More From Scoop

 
 

LATEST HEADLINES

 
 
 
 
Education
Search Scoop  
 
 
Powered by Vodafone
NZ independent news