000 | 02596nam a2200301Ia 4500 | ||
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001 | 111323 | ||
005 | 20250625151234.0 | ||
008 | 110331s2003 eng | ||
040 |
_aWSS _dAFV |
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100 |
_aHayward, Josie _91322 |
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245 |
_aRethinking Section 16B Guardianship Act 1968 : _btoward a presumption including psychological abuse _cHayward, Josie |
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260 | _c2003 | ||
300 | _a76 p. | ||
365 |
_a00 _b0 |
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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 |
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999 |
_c2975 _d2975 |