Butterworths Family Law Journal 1(6) September 1994 : 107-115

This article presents an overview of the international literature on spousal violence and its effects on children. It was written in the aftermath of the killing of three children by their father who had interim custody of them (the Bristol case). The subsequent inquiry showed that while he had not been violent towards to the children, the father of the children had a history of violence against his wife. The authors identify a tendency among some New Zealand professionals to see spousal violence as irrelevant in determining custody and access. The literature however shows the significant impact spousal violence has on children, the correlation between spousal violence and child abuse, and the implications of a history of spousal violence in relation to the way custody and access disputes are resolved. In a number of jurisdictions legislative provisions specifically address custody and access concerns where there has been spousal violence. The authors note that New Zealand does not have such statutory provisions although certain recent Family Court decisions have taken these issues into consideration. The Davison inquiry into the Bristol case has recommended a statutory amendment to the Guardianship Act so that a person who has used violence against a spouse or child is not to be regarded as a fit and proper person to have custody of or access to that child. The authors agree with Davison's view that it is necessary for the law to be changed both for uniformity of practice and to give emphasis to a change in philosophy for dealing with violent parents.