Family Courts Act 1980

The Family Courts Act 1980 is a New Zealand law covering family courts, which have jurisdiction over marriage, civil unions, divorce, custody of children, child support and wills. Family courts are a division of the District Court and also operate under the District Courts Act 1947. Family courts were among the first in New Zealand to focus on informality; neither judges nor lawyers may wear wigs and gowns are banned for lawyers and optional for judges.

Family Courts Act 1980
New Zealand Parliament
  • An Act to establish Family Courts as divisions of District Courts, and to provide for the constitution, jurisdiction, powers, and procedures of Family Courts
Commenced1 October 1981
Administered byMinister of Justice
Amends
Family Courts Amendment Act 1991, 2007, 2000, 2008 Department of Justice (Restructuring) Act 1995, District Courts Amendment Act 1996
Status: Current legislation

The Act is notable for Section 11B, which amounts to a default blanket ban on reporting of most of the business of the court when children are involved. Stories that are reported often have details such as the gender of children omitted.[1] A rare instance of detailed on-going coverage was the kidnapping of Jayden Headley, when publishing of the details was encouraged to locate the victim.[2][3]

Most of the acts the family courts have jurisdiction over have been updated to include same-sex partners. Exceptions are the Marriage Act 1955, which is matched by the Civil Union Act 2004 and the Adoption Act 1955 which currently prevents same-sex couples from adopting. There is currently political pressure to change this.[4]

References
  1. "Kiwi mum battles to keep child". stuff.co.nz. 2011. Retrieved 22 October 2011.
  2. "Fallout in the family". nzherald.co.nz. 2011. Retrieved 22 October 2011.
  3. "The kidnapping of Jayden Headley". peterellis.org.nz. 2007. Retrieved 22 October 2011. A custody battle between Jayden Headley's parents Kay Skelton and Chris Jones turned ugly when Chris was given majority custody by the Family Court. Two months later Jayden was kidnapped. Jayden was kidnapped for over five months by his maternal grandfather Dick Headley, before Dick surrendered.
  4. "Election | Labour would legalise gay adoption". stuff.co.nz. 2011. Retrieved 22 October 2011. Labour says legalising adoption for gay couples is the likely outcome of a law review under its newly-released 'rainbow' policy.
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