NZ:Family Court judge retires
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Family Court judge retires
Mar 13, 2004
Judges from nearly every court in New Zealand have farewelled Principal Judge Patrick Mahoney who has stepped down from New Zealand's Family Court after nearly 20 years.
The family court replaced the unpopular divorce courts in the early 1980s and since then has had to cope with new property laws, the domestic violence act, the move away from bitter fault-based hearings and new laws on the status of children.
And Mahoney says he's happy to see the usually very secret court becoming more open to the public and the media.
"Children are resilient and they can manage very well the process of change when they come to realise their mummy and daddy are no longer together...it's the conflict and fighting that damages the kids," he says.
However, Mahoney is retiring at a time when some fathers are far from happy - taking their concerns to a parliamentary select committee.
Darrell Carlin from the Union of Fathers says they feel the counsel for the child is often second counsel for the mother.
"We very rarely find one that works well for fathers," says Carlin.
The organisation believes the court's tendency is to give custody to mothers.
But family lawyers support the court.
Simon Maude rejects suggestions that there is a gender bias.
A complaint about the family court is its secrecy, with no public or media access to hearings.
But a bill to come before parliament could change that.
"The family court judges will be very comfortable with whatever arrangement parliament makes," says Mahoney.
"We will be able to work effectively so long as we have some discretion to protect vulnerable people in our courts."
The new principal family court judge is Peter Boshier - known to have fairly liberal attitudes to media and public access to the courts.
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