NCJ Number
159419
Date Published
1992
Length
21 pages
Annotation
Part one of this report discusses some of the current problems in resolving child custody and access disputes in New Zealand and presents an alternative set of principles based on children's rights that could be used to develop new procedures; part two outlines a possible procedure for the future and discusses some of the difficulties.
Abstract
Part one develops a case for a review of the aspects of family law that relate to child custody and access; it argues that children's rights should be the starting point for any new proposals. The United Nations convention on the Rights of the Child sets out principles relevant to such an approach. An analysis of the Convention suggests a number of guidelines that could be used to develop improved procedures in the New Zealand context. The best interests of the child should be a principle that applies to all proceedings. The best interests of the child will be served by maintaining continuity of residence with the primary caregiver. The child, in so far as possible, should be present at any meetings or hearings with a right to express his/her own view. Both parents should participate fully and equally in making arrangements for the maintenance of a relationship with their children. Reform should emphasize the responsibility of parents toward their children rather than their rights over them. In examining the adequacy of the proposal, the authors examine whether it will reduce litigation, whether court cases will be resolved more speedily, whether the primary- caregiver grounds are the right ones, whether the standard interim arrangement is the right one, how the children will cope, and who will pay for coordinators and mediation services. 23 references