000 02864nam a2200373Ia 4500
001 111415
005 20250625151251.0
008 110331s1998 eng
040 _aWSS
_dAFV
082 0 _aTRO 346.018
100 _aBenton, Paulette
_9779
245 _aChildren, men and mothers :
_ba feminist analysis of the Guardianship Amendment Act 1995
_cBenton, Paulette
246 _aThesis submitted in partial fulfilment of the requirements for the degree of Masters of Arts in Women's Studies at the University of Auckland.
260 _c1998
300 _aiv, 155 p.
365 _a00
_b0
500 _aThesis 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.
520 _aThis 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
522 _anz
650 2 7 _2FVC
_aCHILD NEGLECT
_9114
650 2 7 _2FVC
_aDOMESTIC VIOLENCE
_9203
650 2 7 _2FVC
_aEMOTIONAL ABUSE
_9222
650 2 7 _2FVC
_aFAMILIES
_9238
650 2 7 _2FVC
_aGUARDIANSHIP
_9279
650 2 7 _2FVC
_aLEGISLATION
_9346
650 2 7 _2FVC
_aPARENTAL RIGHTS
_9427
650 2 7 _2FVC
_aPHYSICAL ABUSE
_9439
650 2 7 _2FVC
_aPROTECTION ORDERS
_9470
650 2 7 _2FVC
_aTHESES
_9606
650 2 7 _9431
_aINTIMATE PARTNER VIOLENCE
_2FVC
650 2 7 _9130
_aCHILD EXPOSURE TO VIOLENCE
_2FVC
650 2 7 _9103
_aCHILD ABUSE
_2FVC
942 _2ddc
_cTHESIS
999 _c3335
_d3335