000			02254nam a2200277Ia 4500
001			111318
005			20250625151256.0
008			110331s1996 eng
040			_aWSS _dAFV
100			_aMorgan, Rachel Elaine _91752
245			_aThe effect of sexual abuse allegations in custody and access cases _cMorgan, Rachel Elaine
260			_c1996
300			_a268 p.
365			_a00 _b0
500			_aThesis submitted in completion of the degree of Masters in Law at Otago University. Available for loan from Otago University Library.
520			_aThis 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
522			_anz
650	2	7	_2FVC _aCHILDREN _9127
650	2	7	_2FVC _aJUSTICE _9333
650	2	7	_2FVC _aLEGISLATION _9346
650	2	7	_2FVC _aNEGLECT _9401
650	2	7	_aTHESES _9606
650	2	7	_9103 _aCHILD ABUSE _2FVC
650	2	4	_aSEXUAL VIOLENCE _9531
942			_2ddc _cTHESIS
999			_c3422 _d3422