Domestic Violence And Child Protection Essay - 1599 Words

The 2013 Family Court Reforms have attracted much attention within the New Zealand legal fraternity, as well as society in general. The changes occurred against a background of economic austerity, which has seen the government implement cost-cutting measures across the policy spectrum in order to bolster the dire economic conditions of the day. Whilst this policy direction was necessary in the broad sense, its application to family law raises serious questions of justice, family law policy and individual rights. This essay will analyse the potential effects of the Family Court Reforms on the functionality of the Family Court. Analysis will principally focus on two areas of family law which are perhaps the most in need of legalistic protection: domestic violence and child protection matters. Before analysing the reforms as implemented, it is necessary to first discuss what exactly has changed with respect to the subject of analysis. The broad procedural change which underlies domestic violence and child protection matters is the newly-implemented ‘two tracks’. This relates to the provisions under the heading â€Å"Family dispute resolution† of the Care of Children Act 2004 [COCA]. More specifically, section 46E proposes that family dispute resolution [FDR] is a mandatory procedure in respect of guardianship disputes, and parenting orders. This requirement is subject to section 46E(4), which sets out the circumstances in which a FDR form is not required. 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