New Zealand Law Review (2) 1996 : 187-196

This article reviews the proposal to reinforce continued parental responsibility and co-operative parenting through a change to the terminology of the Guardianship Act 1968, and considers some aspects of the Domestic Violence Act 1995 relating to children. Drawing on an analysis of policy, legislation and the international research, the author suggests that in both of these areas the government practice of failing to consider long term benefits and savings from programmes regarded as too expensive in the short term will result in cosmetic changes that cannot break the cycle of dysfunction that too often occurs in situations of domestic violence. In relation to the proposed change to the terminology of the Guardianship Act 1968 (replacing 'guardianship', 'custody' and 'access' with 'parental responsibility', 'residence' and 'contact orders'), the author finds such change must be accompanied by state commitment of resources to provide the information, support and assistance children need when the parental relationship is under stress. It is considered that the Domestic Violence Act 1995 will be as unable as the previous Act to protect a child whose parent is unwilling or unable to protect them from domestic violence. Hence the government should provide the resources required by the Children and Young Persons Service to fulfil its statutory obligations, and initiate research into the effects and appropriateness of the family group perspective of the 1989 Act.