Foreword
This paper is designed to promote discussion about the welfare of our children and the basic rules our society has made about rights and responsibilities in family relationships.
New Zealand s law relating to guardianship, custody and access is over thirty years old. Patterns of family life, and our values regarding family relationships, have changed significantly since then. The Government has decided it is time to review this area of the law.
This paper is a first step in reviewing the Guardianship Act 1968. We want to encourage thinking about the law and how the Family Court works, when responsibilities for children cannot be sorted out in families, so that our children are protected and parents and others concerned for children have a fair and understandable system to deal with.
If things go well in a family, family members never need to know about these legal structures. If parents can agree on the important decisions about how children should be cared for, and if parents stay together, or can reach agreement about the care of children if they do separate, then the laws and structures discussed in this paper are irrelevant. And the good news is that that is the situation for most families.
But when problems do occur things are not always that clear and smooth for our children. Most of us have some experience, whether it is in our own lives or in those of our extended family/whanau, of situations that do not work out that well.
Parents do separate, and they cannot always agree on arrangements for the care of their children when they part. Sometimes parents are violent toward their children, and there have to be rules about their future access to the children. Sometimes there are arguments about other important issues affecting children and someone has to make decisions.
This discussion paper begins the review process by explaining the Government s goals for family policy and asks questions about what we want from our law in this area. It then describes the current legal framework and raises some important issues and seeks your responses. The paper then focuses on the processes of the Family Court, and includes an appendix about some of the approaches in overseas countries and our relevant international obligations.
We are keen to hear views from as many people as possible. The submissions will be carefully read, and provide the basis for a report which will help inform us as we proceed with a review of the law surrounding guardianship, custody, and access.
Please note that any submission you make may be the subject of a request under the Official Information Act 1982. The withholding of particular submissions on the grounds of privacy, or for any other reason, will be determined in accordance with that Act. If you feel there is any part of your submission which you consider could be properly withheld under that Act ( e.g., for reasons of privacy), please indicate this clearly in your submission. The numbered questions are only posed as suggestions. Please feel free to comment on any other issues you think are raised in this area of the law. Your submissions are very important to the Government as they will provide the basis upon which to develop effective social policy and legislation. Submissions can be sent to:
Ministry of Justice
PO Box 180
Wellington
(or you can e-mail it to guardianship@justice.govt.nz)
Submissions close on 30 November 2000
Hon Margaret Wilson
Associate Minister of Justice
Hon Steve Maharey
Minister of Social Services and Employment 4
