Family Law Changes Predicted

Press, Volume CVII, Issue 31449, 16 August 1967, Page 9

Family Law Changes Predicted

JGV.Z. Pre>< Atneiatlon), WELLINGTON, August 14. One development in family law envisaged by the Attorney-Gen-eral (Mr Hanan) was the introduction of special marriage conciliation procedures through the courts—entirely distinct from separation or maintenance proceedings. Mr Hanan was speaking on family law at Victoria University. “Potentially we took a big step forward in 1939 by providing for separation and maintenance applications to be referred to conciliators,” he said. “Unhappily this has not meant much in practice, partly "because of the almost complete dearth hitherto of skilled and experienced coun-

sellors and partly because by the time an application for separation or maintenance is made to the courts, the scope of reconciliation is greatly reduced. “We need, and I think we will in future see,” said Mr Hanan, “something far more positive in this direction. “That is not to say that we will necessarily have special family courts.” The Attorney-General said special courts had disadvantages as well as advantages—and the disadvantages were more obvious in a country like New Zealand with a small and scattered population. “But even if we do not have courts like those in Los I Angeles or Toledo, for instance, or in Japan, we can, . I think, look for a good deal of modification and adaption 1 of Magistrate’s Courts to make them better tribunals for ; hearing family cases.” Referring to divorce— I which he claimed on balance i New Zealand society accepted 1

as a salutary and necessary remedy—he said: "In spite of the fact that on the whole our divorce law has worked reasonably well, the future may see considerable changes. “These are hardly likely to be in the direction of making divorce substantially more difficult to get,” he said. Benefit Changes Mr Hanan, emphasising that he was speaking personally, predicted that New Zealand might reasonably expect changes in Social Security legislation to put separated and divorced wives and single parents on a better footing. “This would be one of the most useful advances that could be made in family law,” he said. Unfortunately New Zealand’s social security system seemed to have lagged a little. “I would hazard the personal view that our Social Security provisions, insofar as they relate to the maintenance of children with single parents and of divorced and

separated wives, are in an undeveloped state,” he said. Breach Of Promise

The Attorney-General said the breach of promise resort did not now seem to fit in with the principles and ideals of marriage guidance. “Couples are urged to break an engagement rather than enter into a marriage they are not sure about," he said. "It is better to break an engagement than a marriage. This makes sense, but how can one reconcile it with the possibility of an action for damages if one party does break the engagement?” Mr Hanan said the Law Reform Committee on torts and general law had now recommended the virtual abolition of this action.

“I hope it will soon depart from our law,” he said. Illegitimacy

He said what a child needed was the “right to a fattier” as far as the right could in fact be given.

"What the law could do is to use all possible means to identify the father if paternity is denied. It could also encourage the father to accept greater responsibility for his child.” The Attorney-General said by accepting custody applications from fathers of children born out of wedlock, New Zealand courts had already shown a disposition to do this. He said the problem of an unmarried mother who kept her child might well become far more acute than it had been.

“Hitherto it has not generally been difficult for a girl wishing to give her child in adoption to do so. In New Zealand, adoptions have become very common and do not carry the stigma they still have in many other places. “If anything, the stigma here lies in keeping the baby,” he said.