Separation Orders

                  Separation Orders - New Zealand

Either party to a marriage or civil union may apply to the Family Court for a separation order and there is only one ground for obtaining a seprartion order – disharmony.

Who Can Get A Separation Order

The application for an order must be heard and decided in the Family Court.  De facto couples cannot apply for such an order, only married couples or partners of a Civil Union may apply.

Separation Order Criteria

The Family Court must be satisfied that the level of disharmony is such that it is unreasonable to require the parties to continue to live together.  If there is no disharmony, then there is no legal right to live apart, and/or break up the home.  There is no absolute clear guideline as to what will be the required level of “disharmony” and what will not.  It is something the courts decide largely on a case by case basis and the Court will take into account all of the circumstances.

Why Get A Separation Order

For those seeking a divorce or dissolution of marriage as it is called today in New Zealand, you must prove that you have been living apart from your spouse for at least two years prior to your application for a dissolution of marriage. A separation order will be useful in divorce proceedings because it provides evidence that you have been living apart from the date that the order was made.

Possible Disadvantages of Applying for a Separation Order

If a level of disharmony was not proved to exist, but the applicant for separation order insisted on living apart, then they would be regarded as the person who breached voluntarily, without sufficient reason, a central obligation of the marriage.  They would then be viewed as the person who broke up the marriage and home for their own purpose.  This could have a bearing in other proceedings such as custody, or disposing of the matrimonial home.

For more information, please contact your Lawyers Auckland Click Here

Criminal Lawyer Auckland New Zealand

CHILD ABUSE LAW CHANGE SUBMISSIONS

Submissions to Parliament suggesting legislative changes to reduce child abuse.

CHILDREN 5 YEARS OLD AND ABOVE

1.0    Often parents fail to take their abused children to the doctor for fear of being discovered.

1.1    Require a Medical certificate to be submitted to the school for absences over 3 days, that way any bruising and/or injuries can be noted by a Doctor and now under the mandatory reporting inquiries can be made as to the child’s safety by Child Youth and Family Services.

1.2    If a medical certificate is not submitted to the school then that looks suspicious and again inquiries ought to be made as to the child’s safety by Child Youth and Family Services.

CHILDREN OVER 5 YEARS OLD

2.0    These appear to be the most vulnerable as no one knows what is going on behind closed doors.

2.1    In light of the large number of babies being murdered it is submitted that the Karitane nurses be reinstated, they used be around in the 70s who used to visit the family houses on a regular basis for the first few years of the child’s life.

3.0    PARENTAL HELP

Some parents need additional help and cannot cope especially those with TWINS and they are simply just not getting the additional help and support they need.

It is therefore submitted that parents of multiple birth babies are given extra resources and assistance, particularly if they already have other children.

4.0    COMMON FEATURES OF CHILD ABUSE FAMILIES

The overwhelming majority of children subjected to horrific abuse are those in families form lower socio-economic sectors of the community. The families typically receive at least one WINZ benefit, and all too frequently participate in heavy alcohol and/or drug taking.

I disagree with mandatory drug testing for beneficiaries , as most of them consume drugs and alcohol, suspending their benefits is just going to make more children suffer by going hungry.

5.0    TIME LIMITATIONS FOR WELFARE BENEFICIARIES

It is unacceptable for some people to be on a benefit for their entire lives, many have no desire to get a job. I suggest a time limitation of say 10 years to receive a benefit. That should be long enough to find a job or move to a city where there is work or retrain or get some education behind them. This is a matter of mana, self esteem , self worth which is a quality commonly lacking in the adults of households where abused children reside.

6.0    MANDATORY BUDGETING AND PARENTING COURSES

I support John Key’s policy of paying their rent and power directly and giving them food stamps so that tax payers money is not being wasted on drugs and alcohol and at least we can rest assured that there is food in the house.

Until that policy is implemented it is contended that budgeting and parenting course be made compulsory for WINZ recipients with dependent children.

7.0    HARSHER SENTENCES

7.1    Assault on a child, section 194 Crimes Act 1961 carries a maximum penalty of only 2 years imprisonment.

Section 195 of the Crimes Act 1961 Cruelty to a child which carries a maximum penalty of 5 years

Section 28(3) of the Animal Welfare Act 1999 Wilful ill-treatment of animals carries a maximum penalty of 5 years imprisonment

7.2    While I acknowledge and appreciate Simon Bridges efforts which increase the maximum sentence for animal abusers from 2 to 5 years, the law needs to catch up in respect of child abusers, otherwise we are putting children on equal par with animals.

7.3    No one ever receives a maximum penalty, the sentencing Act 2002 directs Judges to impose the “least restrictive outcome” perhaps this should be turned around to minimum terms of imprisonment for child abuse.

7.4    No parole for child abusers no exceptions.

7.5    Despite the current legislation we nevertheless have criminals serving prison sentences at home ( Home Detention) for violent offences.

8.0    HYPER – ACTIVE CHILDREN

It is contended that hyper-active children seems to be the norm today and while much of this is attributable to diet; high sugar, artificial colorings and flavourings, fizzy drinks, many parents struggle to cope and are often unable to control hyperactive children.

This situation could be ameliorated by educating both the children at school and parents via parenting courses about nutrition.

CONCLUSION

It is submitted that most child abuse occurs because parents cannot cope for a variety of reasons revealed above. If strategies can be put in place to assist parents to cope then we may well avoid having the ambulance at the bottom of the hill.