The Bristol Case and the Davison Report : a response to Gordon Stewart.

Robertson, Neville R.

The Bristol Case and the Davison Report : a response to Gordon Stewart. Robertson, Neville R. - Wellington Butterworths 1994 - Butterworths Family Law Journal .

Butterworths Family Law Journal 1(7) December 1994 : 149

This commentary provides a criticism in response to Gordon Stewart's examination of the law changes proposed in the Davison report, which inquired into the Family Court proceedings in relation to Christine and Alan Bristol. The author takes issue with Stewart's third argument relating to the consideration of spousal violence in determining custody or access. Stewart's conclusion was that in addressing instances of spousal violence, the present law [at that time] was sufficient to cope with these. In particular, the author points out that Stewart overlooks the fact that the Courts have been unsystematic in determining custody or access where there is spousal violence. Although the Courts [at that time] were able to consider spousal violence and put safeguards in place, there was no systematic process for doing so. The author further criticises Stewart for having a tendency to minimise, trivialise and make invisible violence against women and children within the family.

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