Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Shared care not in the best interests of the child

Shared care not in the best interests of the child

Since the Shared Parenting Bill was first debated in New Zealand in 2000, shared care has been touted by justice officials as the answer for children impacted by divorce despite family court evidence and research to the contrary.

Tolmie, Elizabeth and Gavey in a NZ Law Review Article on the subject of shared care published in 2010 say the literature raises serious questions about the advisability of 50:50 care arrangements in situations where the parents are in conflict and are unable to prevent children from witnessing or becoming involved in that conflict, or where the children are very young.

Five percent of divorcing parents will choose to litigate in the family court with many of these cases going on for years, until the court deems them finalised.

“When someone has to take a case to court that in itself suggests the relationship is high conflict, the fact it stays there for years exascerbates that conflict” says Amy McDonald of Auckland based Parents for Justice. "Yet stopping the conflict often just means one parent shutting up about abuse - thats not good enough for our children".

Shared care is rarely overturned by the family court. The legal argument for not doing so it is that the practise has become the ‘status quo’ irrespective of whether it is working.

Surprisingly, the status quo argument is often oveerlooked by the court when pre divorce, one parent typically takes on 80% of the childs care, and lawyers, not experienced in child psychology, are advocating for it even when a child is preschool and such changes can cause attachment disorders.

“Sadly this is often done to negate their clients child support by increasing contact and entertain their clients own sense of entitlement, at the expense of their childs” says McDonald.

“Yet instead of the family court resolving high conflict situations expediently for children, to remove them from it, what we are seeing with our clients is the family court entertaining the parent who is playing games and giving them centre stage, allowing that parent to perpetuate abuse through the legal process also causing chaos and hardship for the other parent. We have institustionalised abuse and it must stop for the sake of children” says McDonald.

Since July 2005 to 2010, total Family Court expenditure has increased by 63 per cent costing the New Zealand taxpayer $137.1m.

The family court currently hears approximately 65,000 applications a year with Care of Children applications making up 42% of these.

REFERENCES

http://www.teara.govt.nz/en/parenting/page-3
https://researchspace.auckland.ac.nz/handle/2292/9560
http://www.stuff.co.nz/dominion-post/news/5130211/Kiwi-mum-battles-to-keep-child
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10824112
Ends

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Digital Evolution: Scoop Independent News Launches "Operation Chrysalis"

From today Scoop is beginning a process of public consultation with the political, business and civil society groups it has served for the past 15 and a half years.

"It is hoped that in time - with new leadership and increased community engagement - the chrysalis will incubate a new kind of Scoop, one which can sustainably continue Scoop's Mission 'to be an agent of positive change'", says Scoop Founder, Editor and Publisher Alastair Thompson.

"As big publishing shrivels, public participation in contributing and spreading news has grown. Scoop has evolved with this wave by providing an independent platform, committed to upholding democracy, providing a voice to all, and providing the public easy access to information about decisions which affect them." More>>

 

Parliament Adjourns:

Greens: CAA Airport Door Report Conflicts With Brownlee’s Claims

The heavily redacted report into the incident shows conflicting versions of events as told by Gerry Brownlee and the Christchurch airport security staff. The report disputes Brownlee’s claim that he was allowed through, and states that he instead pushed his way through. More>>

ALSO:

TAIC: Final Report On Grounding Of MV Rena

Factors that directly contributed to the grounding included the crew:
- not following standard good practice for planning and executing the voyage
- not following standard good practice for navigation watchkeeping
- not following standard good practice when taking over control of the ship. More>>

ALSO:

Gordon Campbell:
On The Pakistan Schoolchildren Killings

The slaughter of the children in Pakistan is incomprehensibly awful. On the side, it has thrown a spotlight onto something that’s become a pop cultural meme. Fans of the Homeland TV series will be well aware of the collusion between sections of the Pakistan military/security establishment on one hand and sections of the Taliban of the other… More>>

ALSO:

Werewolf Satire:
The Politician’s Song

am a perfect picture of the modern politic-i-an:
I don’t precisely have a plan so much as an ambition;
‘Say what will sound most pleasant to the public’ is my main dictum:
And when in doubt attack someone who already is a victim More>>

ALSO:

Flight: Review Into Phillip Smith’s Escape Submitted To Government

The review follows an earlier operational review by the Department of Corrections and interim measures put in place by the Department shortly after prisoner Smith’s escape, and will inform the Government Inquiry currently underway. More>>

ALSO:

Intelligence: Inspector-General Accepts Apology For Leak Of Report

The Inspector-General of Intelligence and Security, Cheryl Gwyn, has accepted an unreserved apology from Hon Phil Goff MP for disclosing some of the contents of her recent Report into the Release of Information by the NZSIS in July and August 2011 to media prior to its publication. The Inspector-General will not take the matter any further. More>>

ALSO:

Drink: Alcohol Advertising Report Released

The report of the Ministerial Forum on Alcohol Advertising and Sponsorship has been released today, with Ministers noting that further work will be required on the feasibility and impact of the proposals. More>>

ALSO:

Other Report:

Leaked Cabinet Papers: Treasury Calls For Health Cuts

Leaked Cabinet papers that show that Government has been advised to cut the health budget by around $200 million is ringing alarm bells throughout the nursing and midwifery community. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news