000 | 02552nab a22003977a 4500 | ||
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999 |
_c8168 _d8168 |
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005 | 20250625151637.0 | ||
008 | 230522s2023 -nz|| |||| 00| 0 eng d | ||
040 | _aAFVC | ||
100 |
_aLeonetti, Carrie _911936 |
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245 |
_aDetinue and replevin : _barresting children to enforce private parenting orders in New Zealand Family Court _cCarrie Leonetti |
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260 |
_bUniversity of Miami, _c2023 |
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500 | _aUniversity of Miami International and Comparative Law Review, 2023, 30(2): 94-127 | ||
520 | _aThis Article argues that the seizures of children authorized by the New Zealand Care of Children Act to enforce private custody orders are unlawful and unjustifiable arrests. These seizures lack in either the substantive limitations of necessity or the procedural protections that should attach to such an intrusive and violent restriction on children’s liberty. It argues that their issuance violates children’s rights under the New Zealand Bill of Rights Act 1990 and international human rights law. It canvasses the history of these arrest provisions and argues that they function as a mechanism for detinue and replevin of children, harkening back to a time when children’s status under the law was that of chattel. It documents how these arrest warrants have increasingly played a central role in the broader problem of the use of Family Court processes by family violence perpetrators to extend their coercive control over their victims and argues that these warrants have become a tool of social entrapment for victims. (Author's abstract). Record #8168 | ||
650 | 4 |
_998 _aCARE OF CHILDREN ACT 2004 |
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650 |
_aCHILDREN'S RIGHTS _9135 |
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650 |
_aCOERCIVE CONTROL _95771 |
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650 |
_aFAMILY COURT _9241 |
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650 |
_aFAMILY LAW _9244 |
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650 |
_aFAMILY VIOLENCE _9252 |
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650 |
_aINTIMATE PARTNER VIOLENCE _9431 |
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650 |
_aLAW REFORM _9338 |
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650 |
_aPERPETRATORS _92644 |
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650 |
_aSEPARATION _9522 |
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650 | 4 |
_aVICTIMS OF DOMESTIC VIOLENCE _9624 |
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651 | 4 |
_aNEW ZEALAND _92588 |
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651 |
_aINTERNATIONAL _93624 |
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651 | 4 |
_aAUSTRALIA _92597 |
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651 | 4 |
_aCANADA _92602 |
|
651 |
_aEUROPE _93372 |
||
651 | 4 |
_aUNITED KINGDOM _92604 |
|
651 | 4 |
_aUNITED STATES _92646 |
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773 | 0 | _tUniversity of Miami International and Comparative Law Review, 2023, 30(2): 94-127 | |
830 |
_aUniversity of Miami International and Comparative Law Review _911937 |
||
856 |
_uhttps://repository.law.miami.edu/umiclr/vol30/iss2/5/ _zAccess online |
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942 |
_2ddc _cARTICLE _hnews120 |