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.



© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines


Minister of Finance: Plan Shows $100 Billion Infrastructure Projects

Finance Minister Bill English has today launched the Government’s Ten Year Capital Intentions Plan (CIP) which shows a pipeline of $100.9 billion worth of infrastructure projects over the next decade. More>>


Werewolf: Safe Landings Gordon Campbell on the safety challenge to the Wellington runway extension.

The safety-related legal challenge revolves around the size of the 90 metre long Runway End Safety Area (RESA) being proposed for the runway extension. More>>


Environment Commissioner: We Need To Work Together On Climate Change And Farming

“The debate around agricultural emissions and the ETS has been polarised for too long,” said the Commissioner. “But the ETS is not the only way forward – there are other things that can be done.” More>>


NZ Super Fund: Seeking To Put A Market Price On Climate Change

Oct. 19 (BusinessDesk) - The New Zealand Superannuation Fund says it will devise a set of rules to assess investment winners and losers under climate change, a strategy that could rule out fossil fuels or producers such as current portfolio member Exxon ... More>>


Rejuvenation: Parata Will Not Contest 2017 Election

Education Minister and National List MP Hekia Parata has today announced that she will not be contesting the next election. She advised the Prime Minister of her decision earlier this year. More>>

Prisons Grow: Government Approves Plans For Increased Prison Capacity

Despite significant progress in reducing crime the number of prisoners has increased faster than projected. This is because the proportion of offenders charged with serious crimes has risen, meaning more people are being remanded in custody and serving more of their sentences in prison. More>>


Gordon Campbell: On Plastic Bag Activism, And Street Harassment

Amusing to see the Act Party experiencing another outbreak of young fogey-ism. What has aroused the ire of Act Leader David Seymour this time is the introduction of a Greens private members bill to the ballot process, calling for a 15 cents levy on plastic bags to reduce pollution. More>>


Unclear Weapons: US Navy Ship Cleared To Visit NZ For Navy's 75th

United States Navy ship, the USS Sampson, has been given clearance to visit New Zealand next month by Prime Minister John Key... “The process for considering the visit by the USS Sampson is the same as that used for all ships attending the International Naval Review." More>>


Get More From Scoop



Search Scoop  
Powered by Vodafone
NZ independent news