000 02596nam a2200301Ia 4500
001 111323
005 20250625151234.0
008 110331s2003 eng
040 _aWSS
_dAFV
100 _aHayward, Josie
_91322
245 _aRethinking Section 16B Guardianship Act 1968 :
_btoward a presumption including psychological abuse
_cHayward, Josie
260 _c2003
300 _a76 p.
365 _a00
_b0
500 _aHonours dissertation LL.B. (Hons.) University of Waikato. Available for loan from the University of Waikato library.
520 _aThis 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
522 _anz
650 2 7 _2FVC
_aCHILDREN
_9127
650 2 7 _2FVC
_aDOMESTIC VIOLENCE
_9203
650 2 7 _2FVC
_aEMOTIONAL ABUSE
_9222
650 2 7 _2FVC
_aJUSTICE
_9333
650 2 7 _2FVC
_aOFFENDERS
_9413
650 2 4 _aPSYCHOLOGICAL ABUSE
_9472
650 2 7 _2FVC
_aVICTIMS
_9622
650 2 7 _aTHESES
_9606
650 2 7 _9431
_aINTIMATE PARTNER VIOLENCE
_2FVC
942 _2ddc
_cTHESIS
999 _c2975
_d2975