NZ: Dominion Post; Dads need fair go - judge 

NZ: Dominion Post; Dads need fair go - judge

Dominion Post
March 18, 2004

Dads need fair go - judge

by Leah Haines

The retiring head of the Family Court has called for law changes to make life fairer for fathers blocked from seeing their children following allegations of domestic violence.

Judge Patrick Mahony told MPs yesterday that life would be easier for families if the system of granting ex parte domestic violence orders which are granted without one party, usually the father, knowing was time limited and reviewed.

"There would be a lot less heartbreak," he told a select committee looking into the proposed Care of Children Bill.

At the moment temporary orders can become final after a certain time and can then last forever, blocking the parent, usually the father, from gaining custody.

But it would be better if final orders were reviewed after six months so families had a chance to heal, Judge Mahony said. Usually such orders resulted from intensely emotional relationship breakups.

Judge Mahony also recommended that the committee grant the Family Court power to order Child, Youth and Family Services not to place children back into situations in which they are in danger.

At the moment, the court had no power to attach conditions to a custody order in favour of the department, he said.


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