Gender 'not a factor' in Family Court decisions

Latest statistics suggest gender is not a factor in custody applications to the Family Court, with fathers just as likely as mothers to win custody of their children.

Family Court statistics for 2005 released yesterday showed more than 4000 women gained custody for day-to-day care parenting orders, as opposed to just over 1800 men.

Most orders, however go to whoever applies for them, with mothers getting more in their favour because they are more likely to apply for them.

"When analysed as a proportion of total applicants for each gender, the percentage of males and females gaining custody is almost equal," the report said.

The 4046 successful females represented 69 percent of all female applicants, while the 1805 successful male applicants constituted 65 percent.

"This suggests that it is usually the applicant, irrespective of gender, who gains custody," the report said.

The figures take in the introduction of the Care of Children Act in July 2005, when the terminology used changed from custody to day-to-day care.

The Family Court now issues a parenting order that says who is responsible for the day-to-day care of a child, and when and how someone else important in the child's life can have contact with them.

While mothers lodged 68 percent of applications for child custody in the last six months of the old law, the proportion for day-to-day care under the first six months of the new law dropped to 64 percent.

The proportion of applications lodged by fathers increased from 26 percent to 30 percent.

Secretary for Justice Belinda Clark said the report was a result of government and judicial wishes, "especially those of Principal Family Court Judge Peter Boshier, for greater openness and transparency in the proceedings of the court".

- NZPA