Proceedings of Social Policy Forum 2002

The Child and the Family Court:  Seeking the Best Interests of the Child

Issues Paper No. 13

Edited by

Stuart Birks

CENTRE FOR PUBLIC POLICY EVALUATION

2003

 

Issues Paper No. 13

ISSN. 1174 – 412X

 

Published by

Centre for Public Policy Evaluation

College of Business, Massey University

Palmerston North

NEW ZEALAND

February 2003

 

TABLE OF CONTENTS

 

Page Nos

Introduction

Chapter One:       Opening Address: The Child and The Family Court - Judge Patrick Mahony .................. 1

Chapter Two:       Keynote Address: Gender and Family Law in the Past 50 Years - Vivienne Ullrich....... 13

Chapter Three:     The Need for Reform - Mark Henaghan .................................................................... 21

Chapter Four:       An Overseas Perspective on the Family Court - Paul Callister...................................... 27

Chapter Five:       Lawyers Representing Children - Simon Jefferson........................................................ 33

Chapter Six:         Shaping Society - Stuart Birks ..................................................................................... 41

Chapter Seven:     Family Law and the Wider Family - Joan Metge ........................................................ 57

Chapter Eight:      Listening to Fathers’ Pressure Groups - Warwick Pudney.............................................. 61

Chapter Nine:       Children and Financial Aspects of Family Breakdown - Bill Atkin................................... 71

About the authors ................................................................................................................................... 83

List of Issues Papers............................................................................................................................... 85

 

INTRODUCTION

The papers in this collection arise from Social Policy Forum 2002:  The Child and the Family Court; Seeking the Best Interests of the Child, held in Wellington on 14th October 2002.  It was the fourth Social Policy Forum held, the first being “Fathers, Families and the Future”, on 19 April 1999, the second, “Children’s Rights and Families”, on 26th October 2000 and the third, “Children in Families as Reflected in Statistics, Research and Policy”, on 7th September 2001. Papers associated with those forums have been published, along with other contributions, in Issues Papers 4, 6, 10 and 11.

Continuing the now established tradition, the aim on this occasion was to bring together research, practice and policy.  The attendees were therefore drawn from a range of backgrounds.  They included lawyers, public sector policy analysts, academics, and representatives of grass-roots and voluntary organisations.  The organising committee was also drawn from these diverse backgrounds.  Support and funding was provided by the Father and Child Trust, Wellington and the Centre for Public Policy Evaluation at Massey University.

A fifth Social Policy Forum is planned for 2003.

The theme for the 2002 Forum was “The Child and the Family Court; Seeking the Best Interests of the Child”.  Debate on these issues appears to occur in two quite separate areas, with what could be considered an “inside” group and those who are “outside” this circle.  The inside group consists of lawyers and others involved in and with the Family Court.  The outside group involves diverse researchers, analysts, and members of some interest groups.  While on occasion members of the latter are invited in to discuss issues and present views to the former, it is rare for the former to front up to a broader audience.

A particular feature of the day was the conscious attempt to bring together these two groups.  It resulted in some interesting discussion.  Hopefully a longer-term benefit will be a widening of the agenda for debate and greater understanding of the issues by all parties.