Interests of child to fore in new law

By HELEN TUNNAH, deputy political editor

Laws outlining how children are cared for in families and after the breakdown of a relationship are being overhauled for the first time in more than three decades.

The Care of Children Bill will replace the Guardianship Act of 1968, and places an increased focus on the welfare of the children.

It also recognises that family structures have changed considerably.

Key clauses of the bill will rewrite the language around relationship breakdowns. Gone are custodial "rights" to children, to be replaced by concepts of shared parenting and of an adult's responsibility to a child.

Access orders will be replaced by parenting orders, which consider the day-to-day care of a child and determine who a child lives with and when.

All guardians will have an ongoing role in a child's care, whether or not they are living with the child.

The diversity of families will be recognised, including same-sex and de facto relationships, and those people who can apply to be a child's guardian will be broadened to include extended family.

The view of a child must be sought and considered when parenting and guardian issues are being decided.

Already, aspects of the legislation have proved contentious, including the recognition of same-sex relationships and the continuation of existing law which allows a young girl to get an abortion without telling her parents.

The law also opens up some proceedings of the Family Court, allowing greater reporting of cases. The court will be able to dismiss applications it considers vexatious or frivolous.

Associate Justice Minister Lianne Dalziel, who is overseeing the legislation, told the Herald the court review might help prevent parents or guardians using their children as pawns when a relationship breaks down.

She said a rewrite of guardianship laws was long overdue and her catchphase for the legislation had been "for the sake of the child".

"One of the things I really wanted to get away from is the idea that we would continue to have this win-lose attitude that seems to prevail around people's views around the Family Court.

"What I don't want to see happen is for the different expressions on the day-to-day care of children and contact to simply become the modern-day equivalent of custody and access."

She said the old language of custody made it appear a parent had virtual property rights over a child.

Ms Dalziel said the law was not removing a parent's rights but was instead urging parents and guardians to consider them as responsibilities.

The law would work well if guardians focused on a co-operative approach to their children.

"I can't legislate for good behaviour, I wish I could. If I could ... then I would say that every decision a parent ever makes should be solely focused on the welfare and best interests of children."

The justice and electoral select committee will begin hearing planned submissions on the law today.

Almost 300 submissions have been received, and the committee will hold meetings in Auckland, Wellington and Christchurch.

The Government wants the law to come into force by the middle of next year.

The Labour-led Coalition has the support of the Green Party for the law's debate at the select committee.

Key changes

* The overriding principle of the law is the welfare and best interests of the child.

* Guardianship covers parents' responsibilities, not rights.

* Different family structures are recognised, including same-sex and de facto relationships.

* Parents can agree to appoint a new partner as an extra guardian, rather than needing court approval.

* Custody and access orders are replaced with parenting orders.

* Those orders determine who provides the day-to-day care of a child, and whether it is shared.

* They also stipulate what contact other guardians may have.

* Extended family may apply for a parenting order.

* Courts get greater powers to strike out guardianship proceedings if they are frivolous or vexatious.

* A child's view must be sought and considered when guardianship is being determined.