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Seen but not heard? : how battered women and their children fare under the Guardianship Amendment Act 1995 Robertson, Neville R.; Busch, Ruth

By: Contributor(s): Material type: ArticleArticleSeries: Butterworths Family Law JournalPublication details: 1997ISSN:
  • 1350-2778
Subject(s): In: Butterworths Family Law Journal 2(8) December 1997 : 177-188Summary: This article discusses the influence of domestic violence on custody and access cases, and examines the implementation of the Guardianship Amendment Act (1995) on the decision-making process. The authors utilise a number of legal cases involving custody and access disputes in the context of domestic violence to illustrate the inconsistent application of the Act. Supervised access is one approach to ensuring the child has access to both parents, but this does not always guarantee the safety of the child. Often domestic violence is minimised or disregarded by the Courts, at the expense of mothers and their children.
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Butterworths Family Law Journal 2(8) December 1997 : 177-188

This article discusses the influence of domestic violence on custody and access cases, and examines the implementation of the Guardianship Amendment Act (1995) on the decision-making process. The authors utilise a number of legal cases involving custody and access disputes in the context of domestic violence to illustrate the inconsistent application of the Act. Supervised access is one approach to ensuring the child has access to both parents, but this does not always guarantee the safety of the child. Often domestic violence is minimised or disregarded by the Courts, at the expense of mothers and their children.