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Without notice applications : judicial thinking revisited Crawshaw, Vivienne; O'Dwyer, Judge

By: Contributor(s): Material type: TextTextPublication details: Wellington, New Zealand New Zealand Law Society 2004Description: 88 pSubject(s): DDC classification:
  • 346.015
Summary: This report stems from a New Zealand Law Society seminar examining without notice applications in domestic violence cases. The interaction between the Domestic Violence Act (1995) and the Guardianship Act (1968) is explored, as granting without notice orders often affects parent and child relationships. The authors posit that the court system must weigh up protection with custody and access issues when deciding whether to grant a without notice application. Family Court proceedings in domestic violence cases are explored. The authors describe areas of 'best practice' for lawyers applying for protection orders on behalf of their clients. Procedures when acting as counsel for child are discussed, such as investigating care arrangements and the suitability of the non-custodial parent. Examples of legal cases are provided throughout to illustrate the issues raised in this report. The authors describe types of programmes available for domestic violence victims, provided in accordance with the Domestic Violence Act.
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Item type Current library Call number Status Barcode
Short paper Short paper Vine library TRO 346.015 WIT Available A00668575B

This report stems from a New Zealand Law Society seminar examining without notice applications in domestic violence cases. The interaction between the Domestic Violence Act (1995) and the Guardianship Act (1968) is explored, as granting without notice orders often affects parent and child relationships. The authors posit that the court system must weigh up protection with custody and access issues when deciding whether to grant a without notice application. Family Court proceedings in domestic violence cases are explored. The authors describe areas of 'best practice' for lawyers applying for protection orders on behalf of their clients. Procedures when acting as counsel for child are discussed, such as investigating care arrangements and the suitability of the non-custodial parent. Examples of legal cases are provided throughout to illustrate the issues raised in this report. The authors describe types of programmes available for domestic violence victims, provided in accordance with the Domestic Violence Act.

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