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The Library
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| Title: |
An examination of some relationships between the New Zealand jurisprudence of shared, equal parental rights and responsibilities & the gendered hierarchy of care 1994-2002
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| Author: |
Evans, Marian |
| Publisher: |
University of Otago |
| Location: |
Dunedin |
| Date: |
2004 |
| Description: |
414 p. ; computer file : PDF format (2.58mb) |
| WWW: |
Link to electronic version |
| Summary: |
This thesis examines relationships between contemporary jurisprudence and gendered patterns of parenting behaviour. The methodology used is to explore the general context within which Family Court decisions are made, emphasising the assumptions made and values prioritised when parents cannot agree about the allocation of their responsibilities and the Court assesses how to best provide for the welfare of the child. At present, the New Zealand Family Court bases its decisions on the principles that the welfare of the child is paramount, parents share responsibility, and gender is not an issue. The Court can therefore reinforce economic and social gender inequities. This may also result in disadvantages for children, including the effects of interparental conflict. The Court may also assume that it is more important to support a father's rights to an ongoing, direct relationship with his child than to end conflict by protecting and supporting the child's relationship with the primary carer. In prioritising a relationship with a second parent, the law may overestimate its value, prolong conflict, and understate the effects of this on children.--AUTHOR'S ABSTRACT |
| Topic Areas: |
Child abuse and neglect, Psychological/emotional abuse, Women, Children, Justice, Care and contact, Gender |
| Keywords: |
CHILD CUSTODY; FAMILY COURT; ACCESS; EMOTIONAL ABUSE; PSYCHOLOGICAL ABUSE; JUSTICE; WOMEN; CHILDREN; THESES |
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| MSD Identifier: |
112431
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