Rethinking Section 16B Guardianship Act 1968 : toward a presumption including psychological abuse
Hayward, Josie
Rethinking Section 16B Guardianship Act 1968 : toward a presumption including psychological abuse Hayward, Josie - 2003 - 76 p.
Honours dissertation LL.B. (Hons.) University of Waikato. Available for loan from the University of Waikato library.
This honours dissertation focuses on the exclusion of psychological abuse from the ambit of the presumption that under a 1995 amendment to the Guardianship Act 1968 a violent parent would not have unsupervised access to a child unless the Court could be satisfied of safety. The author contends that because psychological abuse is commonly considered in section 16 B Guardianship Act assessments, and often occurs with physical or sexual abuse, the approach of section 16 B Guardianship Act must be analysed. Through this exclusion in section 16A Guardianship Act, a major gap in protection coverage is identified. An analysis of current law and practice concludes that despite the protections contained within the presumption, problems remain. Application of the current presumption to psychological abuse has not consistently led to safer access arrangements for women and children where there has been psychological abuse. This unacceptable situation provides a sound foundation to move forward to an analysis of the viability of including psychological abuse to initiate the presumption, concluding with suggested recommendations for future interventions. This possible amendment is advocated because it moves the presumption further towards its objective of prioritising children's welfare and safety from all violence. The author concludes that the amendment has not led to consistently safer access arrangements for children in families who have experienced psychological abuse because there continues to be a predominant focus on protecting people from physical violence at the expense of their psychological safety.--AUTHOR'S ABSTRACT
nz
CHILDREN
DOMESTIC VIOLENCE
EMOTIONAL ABUSE
JUSTICE
OFFENDERS
PSYCHOLOGICAL ABUSE
VICTIMS
THESES
INTIMATE PARTNER VIOLENCE
Rethinking Section 16B Guardianship Act 1968 : toward a presumption including psychological abuse Hayward, Josie - 2003 - 76 p.
Honours dissertation LL.B. (Hons.) University of Waikato. Available for loan from the University of Waikato library.
This honours dissertation focuses on the exclusion of psychological abuse from the ambit of the presumption that under a 1995 amendment to the Guardianship Act 1968 a violent parent would not have unsupervised access to a child unless the Court could be satisfied of safety. The author contends that because psychological abuse is commonly considered in section 16 B Guardianship Act assessments, and often occurs with physical or sexual abuse, the approach of section 16 B Guardianship Act must be analysed. Through this exclusion in section 16A Guardianship Act, a major gap in protection coverage is identified. An analysis of current law and practice concludes that despite the protections contained within the presumption, problems remain. Application of the current presumption to psychological abuse has not consistently led to safer access arrangements for women and children where there has been psychological abuse. This unacceptable situation provides a sound foundation to move forward to an analysis of the viability of including psychological abuse to initiate the presumption, concluding with suggested recommendations for future interventions. This possible amendment is advocated because it moves the presumption further towards its objective of prioritising children's welfare and safety from all violence. The author concludes that the amendment has not led to consistently safer access arrangements for children in families who have experienced psychological abuse because there continues to be a predominant focus on protecting people from physical violence at the expense of their psychological safety.--AUTHOR'S ABSTRACT
nz
CHILDREN
DOMESTIC VIOLENCE
EMOTIONAL ABUSE
JUSTICE
OFFENDERS
PSYCHOLOGICAL ABUSE
VICTIMS
THESES
INTIMATE PARTNER VIOLENCE