MOVE TO IMPROVE WOMEN’S RIGHTS

Press, Volume CVIII, Issue 31753, 9 August 1968, Page 3

MOVE TO IMPROVE WOMEN’S RIGHTS

(N.Z. Press Association) WELLINGTON, August 8. Two measures for safeguarding and improving the rights of women have been introduced in Parliament by the Minister of Justice (Mr Hanan).

The first, the Guardianship Bill, among other things gives the mother of a child equal status with the father as guardian of children of the marriage. The bill consolidates existing statutory and common law on the question of guardianship. Mr Hanan described the Bill as “extremely important,” and to some extent breaking now ground in increasing the status of a wife. The Bill, he said, also made provision which enabled the courts to protect the welfare of the very young. The second bill, the Matrimonial Property Amendment Bill makes a number of minor improvements to the original 1963 Act, to clarify some doubts the courts had brought to light in administering the Act

The Matrimonial Property Act 1963, extended the rights of women on the break-up of a home. Mr Hanan said the

Bill was another measure for improving and safeguarding the rights of women. The Guardianship Bill, will consolidate and revise exist ing statute and common law dealing with the custody and guardianship of children. MAIN PROVISIONS The main provisions of the Bill, which would come into force on January 1, next year,

The father and mother, not merely the father, would become the guardians of their legitimate children. If the mother had never been married to the father and was not living with him when the child was born, she would be the sole guardian—although the father would have the right to apply to a court to be appointed guardian as well, or instead. Custody and guardianship would be separated legally. Custody, involving day-to-day care and possession of the child, could be given to one parent without depriving the other of the broader rights of guardianship, including the general right to control the child’s upbringing. Subject to specified limitations where the guardian is a parent, courts would have

power to deprive any guardian of his guardianship. Children over 16 years old affected by the refusal of con-

sent or by a decision of a parent or guardian in “an im portant matter” would have the right to apply to a court for a review of that refusal.

There would be specific statutory provision for children to be placed under the guardianship of the Supreme Court, as wards of that Court. An existing right for grandparents to apply to the court for an order granting them access to the child after a parent has died would be extended to include any brother or sister of the deceased parent or of the child. The enforcement of custody and access rights, now limited largely to those granted by a court order, would be extended to cover all such rights. PROPERTY BILL Under the Matrimonial Property Amendment Bill, judges or magistrates dealing with property disputes between husbands and wives will not be able to take account of any wrongful conduct by husband or wife unless it is directly related to the acquisition, extent or value of the property in dispute. The Bill, will also allow, and In some cases require, courts to take Into account the respective contributions by the spouses to the property in dispute—whether in money or not.