Family Violence Act and Children’s Act – Study Notes - Topic 2.11 Family Violence 3 September 2025

Family Violence Act and Children’s Act – Study Notes

Overview

• This material covers the Family Violence Act and related child protection provisions in New Zealand law, including the shift from the term “Vulnerable Children” to the Children’s Act, and practical implications for midwives and health professionals.
• Emphasis on protecting both adults in domestic relationships and children, with a focus on timely, child-centered decision making and appropriate professional referrals.

Key Concepts and Legal Framework

• Family Violence Act (2018): Provides the legal framework for recognising and responding to family violence in NZ.
  • Legal definition of family violence: violence against a person by another person in a domestic relationship; can be physical, sexual, emotional, or psychological. $ext{Family violence} <br /> ightarrow ext{physical, sexual, emotional, psychological violence}$
  • Relationship scope: includes spouse or partner, family member, someone ordinarily sharing a household, or someone who has a close personal relationship with the other person.
  • The act covers violence in contexts where the parties are in or have been in a domestic relationship.
• People protected by the Act: Anyone in a close or intimate relationship, including children, family members, flatmates, and others who share accommodation.
• Definitions in practice: The relationship definitions come from the Family Violence Act; practitioners work within these definitions when applying protection orders and making safety plans.
• Vulnerable Children / Children’s Act: The term has evolved; the focus is now on the Children’s Act (with a strengthened emphasis on the welfare and rights of the child).

Child-Focused Provisions and Rights

• Crimes Amendment Act (2007): Abolished the use of parental force for the purpose of correction; highlights zero tolerance to violence against children within the home.
  • Section 4 clarifies that it is illegal to use any force on a child for the purpose of correction, with noted exceptions where force may be used to prevent or respond to conduct constituting a serious offence. $ext{Zero tolerance: no parental force for correction} <br /> ightarrow ext{exceptions for preventing/ responding to offences}$
• Children’s Act (2024): Came into force 1 July 2024; places the welfare of the child as the primary consideration and shifts emphasis from parental rights to the child’s needs.
  • Children’s guardianship and care arrangements; dispute resolution related to care.
  • Requires consultation with the child about decisions affecting them and to align decisions with the child’s sense of time.
  • Emphasises that children are individuals with rights to participate in decisions that affect them and to have plans tailored to their needs.

Roles and Relationships in Practice

• The act recognises that children have their own rights and should be consulted about decisions affecting them.
• Professionals often work in partnership with the child and family; in some cases, the child may have decision-making capacity appropriate to their age and understanding.
• For midwives and health professionals, the focus is on safeguarding the child while supporting the family, balancing confidentiality with safety concerns.

Protection Orders and How They Work

• The protection system includes several orders designed to protect the adult victim and children:
  • Protection Order: Addresses domestic violence within the home or domestic relationship; may include conditions to protect the victim and children. Applicant vs respondent: the applicant is the person seeking protection; the respondent is the person alleged to be violent. The order can include non-violence and/or non-contact conditions.
  • Urgent Interim Parenting Order: Addresses day-to-day care and contact with children in situations where protection orders are in place or being sought. Can be applied for under the Family Court or as part of urgent proceedings.
  • Police Safety Order: A temporary safeguard issued by police without prior notice to the respondent, to protect the person at risk and any children. Typically up to $10\ days$ in duration, and enforceable by law; breach can lead to arrest.
  • Temporary Protection Order (Court): In urgent situations, the court can grant a temporary protection order on the same day the application is filed; this supports immediate safety while longer orders are processed. The police may also apply for protection orders through criminal processes when appropriate.
• The Family Court and Police: The Family Court handles protection and parenting orders; the Police may issue temporary orders or support quick court actions in urgent cases; Oranga Tamariki (the child welfare agency) may be involved in safeguarding children.
• Enforcement and breaches:
  • Breach of a protection order can lead to criminal charges. Maximum penalty for breach of a protection order is $3\ ext{years}$ imprisonment. $ext{Max penalty} = 3\ ext{years}$
  • Non-compliance with non-contact conditions can trigger enforcement actions; if the respondent remains in the shared home, enforcement can be challenging, and options may include one party moving out.
• Conditions commonly included:
  • Non-violence: the respondent must not abuse, threaten, damage property, or encourage others to commit violence against the protected person(s).
  • Non-contact: the respondent must not contact, follow, monitor, or harass the protected person; may include no contact via phones, texts, emails, etc. These conditions can be difficult to enforce if the parties live in the same residence.
• Practical considerations:
  • If the parties live together or share the same environment, non-contact provisions may be hard to enforce until one party leaves the home.
  • Appointments and orders often specify who should move out and under what conditions contact with children is allowed (often supervised) to ensure child safety.

Guardianship, Care of Children, and Timeframes

• The Children’s Act (2024) places emphasis on the welfare of the child as the primary consideration in decisions about guardianship and care arrangements.
• Decisions affecting children should involve the child and consider the child’s sense of time, ensuring the timing of decisions and plans aligns with the child’s needs and developmental stage.
• The Act addresses guardianship arrangements and dispute resolution, including how care and contact will be allocated, and ensures the arrangements are appropriate to the child’s circumstances.

How to Protect Yourself and Children – Practical Pathways

• If there is a risk of domestic violence:
  • A protection order can be sought; an urgent interim parenting order may accompany it.
  • A police safety order can be issued for immediate protection (up to 10 days) while longer orders are processed.
  • Parents/guardians may seek a temporary protection order through the court; the court can grant protection quickly to ensure safety.
• Application processes:
  • The applicant for a protection order is the person seeking protection; the respondent is the person alleged to be violent.
  • If the applicant is under 16, a representative (e.g., a parent or guardian) can apply on their behalf for protection orders.
• Practical enforcement issues:
  • Enforcement may be more challenging when the respondent continues to reside in the same residence; often, moving out by one party is necessary for full non-contact enforcement.
  • Police safety orders are designed to provide immediate protection but are temporary; longer protections require court orders.

NZ Practitioner Guidance for Midwives and Health Professionals

• NZ Consensus Statement on Family Violence (NZ Comms): guides midwives in practice and emphasizes partnership with the person in care and with the family; disclosure should be carefully considered.
• Disclosure and confidentiality:
  • In general practice, disclosure to third parties is not routine; however, in employed settings (e.g., clinics, hospitals), employers may have policies requiring disclosure to relevant agencies.
  • Midwives should discuss disclosure expectations with their employers and seek guidance from midwifery advisers if unsure.
• Screening and reporting:
  • The NZ College and Ministry of Health guidance supports screening for family violence as part of comprehensive health assessments, especially in pregnancy and postpartum care.
  • The New Zealand health system recognises the need to identify concerns and refer to appropriate agencies (police, Oranga Tamariki) for child protection concerns.
• Mandatory reporting nuances:
  • It is not universally mandatory to report partner violence or child abuse by individuals; however, facilities often require reporting of child protection concerns to police or Oranga Tamariki (OT).
  • Facilities typically have Memoranda of Understanding (MoU) with OT and NZ Police to align with organisational policies and procedures.
• Roles in practice:
  • LMCs (Lead Maternity Carers) and other health professionals may refer or coordinate protection strategies; the direct act of reporting may be undertaken by other team members in many settings.
  • Midwives should ensure safety planning and referrals (counselling, support services) are in place for pregnant women and families.
• Ethical and practical considerations:
  • Respect a woman’s right to define her action or referral choices; avoid pressuring about disclosure beyond what is safety-necessary.
  • Build community connections with local referral services and emergency supports to provide timely resources.
  • Be mindful of documentation and the potential impact on the child and family when recording information related to violence.

Screening, Referrals, and Resources for Practice

• Screening for family violence in pregnancy and postpartum is a recommended practice in many areas; variability exists across NZ regions and units.
• Referral pathways include counselling services, domestic violence support services, police, OT, and other community resources.
• The NZ Ministry of Health Best Practice guidelines emphasise identifying concerns and reporting to appropriate agencies when child protection concerns arise; facilities should protect the safety and best interests of the child.
• Memorandum of Understanding (MoU) with OT and NZ Police helps align organisation policies for safeguarding children and adults at risk.

Practical Insights and Case Reflections

• Case example (illustrative): A midwife notes increasing controlling behavior by a partner during pregnancy, with the mother becoming anxious about safety postnatally. Postpartum, a note or signal from the patient or a cascade of concerns leads to a referral to relevant services (counselling, DV supports, protection order considerations). The midwife collaborates with the health team, while respecting the patient’s autonomy and safety needs.
• The importance of non-judgmental engagement, listening to the mother’s experiences, and working with the family to ensure safety and appropriate supports.
• Emphasises openness and timely communication with the midwifery advisers and other clinicians when uncertain about steps to take.

Quick Reference: Key Dates, Acts, and Provisions

• Family Violence Act (2018): core framework for addressing family violence and defining relationships.
• Crimes Amendment Act (2007): abolishes parental force for correction; establishes zero tolerance for violence toward children in domestic settings; Section 4 clarifies limits on corporal discipline.
• Children’s Act (2024): came into force 1 July 2024; prioritises child welfare, consults with the child, aligns decision timing with the child’s needs.
• Police Safety Order: temporary protective order issued by police up to $10\ ext{days}$ without notice to the respondent.
• Protection Order: issued by the Family Court; breach may lead to criminal charges with max penalty $3\ ext{years}$ imprisonment.
• Urgent Interim Parenting Order: addresses day-to-day custody and contact; connected to protection orders.
• Memoranda of Understanding (MoU): between health facilities and OT/NZ Police to coordinate reporting and safeguarding.
• NZ Comms Consensus Statement: guides midwives in practice for handling family violence respectfully and safely.

Summary of Practical Action for Practitioners

• Screen for family violence as part of comprehensive assessment where appropriate, especially in pregnancy and postpartum care.
• Understand the different orders and their applicability: Protection Order, Urgent Interim Parenting Order, Police Safety Order, and Temporary Protection Order.
• Know who can apply for these orders and who can act on behalf if the applicant is a minor (e.g., under 16).
• Be aware of enforcement limitations when the abusive party remains in the same home; plan for safe separation if needed.
• Refer to appropriate services promptly; coordinate with OT, Police, counselling services, and local emergency supports.
• Protect the safety and best interests of the child; consult with the child when appropriate and feasible.
• Seek guidance from midwifery advisers if unsure about the appropriate steps; ensure you are aligned with employer policies and professional standards.

Activity: Children-Related Case Notes (Prompt for Practice)

• The accompanying activity sheets relate to how children are considered within the Family Violence framework and the Children’s Act, and how care decisions should be made to prioritise the child’s welfare and safety.

References and Further Reading

• Family Violence Act (2018)
• Crimes Amendment Act (2007)
• Children’s Act (2024) – effective 1 July 2024
• Domestic Violence Act (1995) – terminology and historical context (reference point for non-violence/non-contact terms)
• NZ Police Safety Orders guidance
• Oranga Tamariki (OT) policies and MoUs with NZ Police
• Ministry of Health Best Practice Guidelines on child protection reporting
• NZ College Consensus Statement for Midwives on family violence
• Local practice policies and referral networks (regional variations)

Optional: Quick Reference Cheatsheet (at a glance)

• Who can be protected: anyone in a close/intimate relationship; includes children and household members.
• Key orders:
  • Protection Order (Family Court) – breach: up to $3\ ext{years}$; non-violence and non-contact conditions.
  • Urgent Interim Parenting Order (Family Court) – day-to-day care/contact; aligns with child’s needs.
  • Police Safety Order – temporary protection up to $10\ ext{days}$; may require later court orders.
  • Temporary Protection Order (Court) – same-day possible in urgent situations; depends on specific filing.
• Child protection principle: welfare of the child is the primary consideration; consult with the child; align decisions with child’s sense of time.
• Mandatory reporting: not universal; facilities often require reporting of child protection concerns to police or OT; MoU in place to guide processes.
• Practical practice: screen, refer, collaborate, and document while prioritising safety and child wellbeing.