Please note that these Cabinet papers were from the Labour/Progressive Government 2005-2008. The subsequent National-led Government formed in 2008 has taken up some, but not all, of the proposals in them with the Domestic Violence Amendment Act 2009, and Child and Family Protection Bill 2009 (still before the House as at 21/9/10).

This report is the fourth of four Cabinet papers that report on submissions received in response to the release of the discussion paper, A review of the Domestic Violence Act 1995 and related legislation: A discussion document (Ministry of Justice, 2007). While acknowledging that the Domestic Violence Act (1995) (DVA) is, in its first principles, sound law, the Ministry of Justice, in consultation with other government agencies, key stakeholders and members of the public, proposes a number of amendments. This paper provides an outline of several proposals that aim to improve the responsiveness of the current domestic violence regime to children affected by domestic violence, particularly in respect of inconsistencies between the DVA and the Care of Children Act (2004). These proposals relate to: amendments to the Care of Children Act (2004) which would ensure that current protection orders and/or allegations of psychological abuse are considered when the Court makes decisions regarding care and contact arrangements; provision of Court discretion to appoint lawyers for children involved in proceedings under the DVA and to offer parties to a temporary protection order, if both consent, either a hearing or a conference to review child contact issues; amendments to the definition of a child and a minor under the DVA; and a number of other issues.

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