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Upheaval in the Family Court of New Zealand

Upheaval in the Family Court of New Zealand. Bill Atkin Professor of Law Victoria University of Wellington, New Zealand August 2014 Recife Family Law Conference. D oes The New Zealand Scheme raise some universal questions?. Access to justice Right to legal representation

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Upheaval in the Family Court of New Zealand

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  1. Upheaval in the Family Court of New Zealand Bill Atkin Professor of Law Victoria University of Wellington, New Zealand August 2014 Recife Family Law Conference

  2. Does The New Zealand Scheme raise some universal questions? • Access to justice • Right to legal representation • The place of children

  3. UNDERLYING TENSIONS • The public v private divide • Family abuse and vulnerable adults v family breakdown • Privatisation v the role of the State • Secret justice v legislative policy • Who pays? The State v the parties

  4. NEW ZEALAND SYSTEM “Family Dispute Resolution” = mandatory mediation “Parenting Information Programmes” = mandatory information Separated from the Family Court Barred from the Court in most situations Restricted role for lawyers Litigants in person

  5. WHERE DO CHILDREN FIT IN? • Welfare and best interests The mediator “must make every endeavour to … assist the parties to reach an agreement on the resolution of those matters that best serves the welfare and best interests of all children involved in the dispute”. Continue…..

  6. WHERE DO CHILDREN FIT IN? • Children’s views • Lawyer for the child: • If the court “has concerns for the safety or well-being of the child”; and • If the court “considers an appointment necessary”

  7. THE PUBLIC v PRIVATE DECISION Is there a social interest in family breakdown? Is there a community interest to protect the child? In ordinary family breakdown situations, are there vulnerable people?

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