Thesis submitted in partial fulfilment of the requirements for the degree of Masters of Arts in Women's Studies at the University of Auckland. Available for short term loan from the University's general library.

This thesis provides a feminist analysis of the Guardianship Amendment Act (1995). The Guardianship Amendment Act and Domestic Violence Act (1995) provide unprecedented interventions for women seeking protection from violent partners. The Guardianship Act now incorporates the presumption that spousal abusers are unfit to have the custody or unsupervised access of their children unless they are capable of satisfying the court that their children will be safe whilst in their care. However, the terms and provisions of the Guardianship Amendment Act and the Domestic Violence Act suggest that the women's power to procure protection and child custody from the court will remain connected to their role as mother. A brief historical survey of the concepts of parental guardianship rights and the principle of child welfare is provided. The disregard of domestic violence in child custody determinations prior to 1995 is considered. This disregard is the specific incidence of the interpretation of the child welfare principle as requiring a focus on the child which does not specifically address the needs or rights of parents. This thesis considers the 1995 legislation in light of the antecedent legislation and policy and raises concerns as to the operation of the Guardianship Amendment Act for women. It suggests that the autonomous rights of women may be relegated below a concern for healthy child development.--AUTHOR'S ABSTRACT

nz