Thesis submitted in completion of the degree of Masters in Law at Otago University. Available for loan from Otago University Library.

This thesis looks at the effect of sexual abuse allegations on custody and access cases, and ultimately the children who are the subject of their parent's applications. In all custody and access cases, the Court must balance the positive and negative attributes and circumstances of the parents to come up with a decision that will be in the best interests of the child. The situation is no different in cases where an allegation of sexual abuse is made, and the allegation, proven or otherwise, must be considered in the overall context of the child's welfare. Policy, based on the child's welfare, prohibited a child giving evidence in the Family Court. However, it was argued that there was no legal reason why a child could not testify and suggested that with the increasing availability of closed circuit television and video, it appeared that this option was becoming more viable. The writer argues that there are no blanket rules and that each decision, where custody or access is at issue, must be made on its own facts, always in the best interests of the child. The issue of defining sexual abuse in the Family Court is explored in chapter 1. Chapter 2 looks at the evidentiary process in the Family Court, and chapter 3 discusses standard of proof. Chapter 4 looks at the effect of allegations on custody and access, and chapter 5, the cost of defending an allegation.--AUTHOR'S ABSTRACT

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