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Federal Circuit Court of Australia

Issues in Dispute

The concerned issues are about domestic violence and disturbed separation of parents. The issue has come when the mother has claimed the complete right and responsibility of their children. Along with this, she completely wants to ignore the right and responsibility of their father in parenting. In addition to this, she is trying to discard the basic relationship between the father with his children. However, in this point of view, the court has considered the aspect of domestic violence that could have been conducted by the father or his family. However, in this case, such an issue has not been conducted by any of the party.

Instead of that, it has been noticed, the mother had such a history in her family in which she suffered from physical abuse in a significant way in her childhood. Therefore, she has a thought in her mind that the father and his family could have abused the children. Along with this, she also claims that the own sister of her husband is allowing to watch vulgar photos of Greek nude arts. This is also very lame as the pictures are mostly of Greek gods. However, despite having such issues, she has not consulted with any person or psychiatrist properly instead of a Priest who is not suitable for this purpose. On the other hand, children are also very fond of her husband. Therefore, she does not have the authority to claim holistic own to their children’s right.

Orders Sought

1. That the parents shall have… responsibility for the children

The act of Australian Family Law is about the domestic relationship, disciplines and others. With the relationship with matrimonial cases, divorce, marriage, parental rights and responsibility on their offspring and others are considered. In the context of the current case, the separation is conducted effectively, however, the issue has been started since the husband claims for his children’s rights and responsibility in partial manner1The divorce about marriage has been portrayed in subsection 64B (6) in which the relationship and parenting. In this section, the order of child maintenance is mentioned. Along with this, in subsection 67J (1) has focused the right of parents is to be equally judged.

For this reason, this Family Law Act 1975 is referred to as gender-neutral act and it is not effective for assuming the roles of parenting. As per the act, the parental responsibility is equal for both of the parents in which both of them have shared responsibility to raise the children2. Therefore, in the current context, the husband can claim the financial support to the children along with the wife. Along with this, the emotional wellbeing and needs of both husband, wife and children must be fulfilled with proper legal support. This is crucial for maintaining long term sustainability of the separation settlement.

The declaration of both parties cannot be satisfied if the court is not getting proper rights settlement. The children, in this case, can be kept by the mother however, the father must have equal rights and responsibility towards the children. As per the subsections 2 and 3, these registrations could have been done only when both the parties will have satisfactory rights and responsibilities of their children from the court. However, in this case, as the father does not have any history of child abuse either physically or mentally, this is not evident that the father could not have the part right and responsibility on them3.

By the help of subdivision B and BA, the children’s interest is must be countable for making the statement of registration. In this case, two children are majorly fond of their parents who have the right to make their choice of living with their preferred parents and to meet another parent effectively. On the contrary, to deal with the obligation of the advisor, the subsection BB is showing significant provisions of the advisor to deal the obligations. On the other hand, the court has state the rights of the children as well as both of the parents in the time of divorce. Along with the above- mentioned sections and divisions, the followings are also effective like 60G (2), 63F (2) or 63F (6) or section 68 R applies4.

2. That the children shall live with…

Legislative Pathway

It has been noticed, in every case of child adoption after divorce, the complications are different. However, case references can help to understand the critical aspects and can help to conduct the hearings. In the case of Stephens vs Stephen (2010) case, the cumulative effect of both parties leads them to conduct the hearing5. Based on this, the adoption of children and custody of them has been determined. On the other hand, in the case of Paco & Racina and Anor [2014], the order to final parenting has become an issue6. This is quite similar to the current case in which the duel parental custody has been asked to change into sole parental custody.

The consideration of Rice v Asplund (1979) case has been incorporated within this case to identify the views of children7. with the consideration of children’s view. Along with this, the case has been taken cover by sole children lawyer. Along with this, in case of Hasek & Hasek [2017] also, the issues of this custody have been noticed8. besides this, the wife has delayed the filling period for the issue which has an astringent effect on the case. In like manner, she is endeavouring to completely discard the crucial association between the father with his children. Regardless, in this point of view, the court has considered the piece of oppressive conduct at home that could have been driven by father or his family. In any case, for this circumstance, such issue has not been coordinated by any of the social events.

Instead of that, it has been seen, the mother had such history in her family in which she suffered from physical abuse vitally in her youthfulness. In this manner, she has a thought in her mind that the father and his family could have mistreated the children.

Nearby this, she furthermore ensures that the own sister of her significant other is allowing to watch disturbing photos of Greek uncovered articulations. This is in like manner wavering as the photographs are generally of Greek perfect creatures. In any case, despite having such issues, she has not chatted with any individual or advisor properly instead of a dad of a moderate catholic church who isn't sensible consequently. On the other hand, the adolescents are also amazingly connected to her loved one9. Thusly, she doesn't have the situation to ensure widely inclusive own to their youths' right. The declaration of both social events can't be satisfied if the court isn't getting proper rights settlement.

Step 1

Primary Considerations

The concerned issues are about abusive behaviour at home and upset detachment of guardians. The issue has come when the mother has asserted the total right and obligation of their kids. Alongside this, she needs to disregard the privilege and obligation of their dad in the child-rearing. Likewise, she is attempting to thoroughly dispose of the fundamental connection between the dad with his kids. In any case, in this perspective, the court has considered the part of abusive behaviour at home that could have been led by father or his family. Notwithstanding, for this situation, such an issue has not been directed by any of the gatherings. Rather than that, it has been seen, the mother had such history in her family in which she endured with physical maltreatment in a noteworthy manner in her adolescence.

Thusly, she has an idea in her psyche that the dad and his family could have manhandled the kids. Alongside this, she additionally guarantees that the own sister of her better half is permitting to watch disgusting photographs of Greek bare expressions. This is likewise faltering as the photos are for most of the Greek divine beings. Be that as it may, despite having such issues, she has not talked with any individual or therapist appropriately rather than a father of a conservative catholic church who is not reasonable for this reason.

Then again, the youngsters are additionally extremely attached to her significant other. In this way, she doesn't have the position to guarantee all-encompassing own to their youngsters' correct. The announcement of both the gatherings cannot be fulfilled if the court is not getting appropriate rights settlement10. The youngsters for this situation can be kept by the mother, be that as it may, the dad must have equivalent rights and duty towards the kids. According to the subsections 3 and 2, these enrolments could have been done just when both the gatherings will have agreeable rights and duties of their kids from the court. Nonetheless, for this situation as the dad does not have any history of children misuse either genuinely or intellectually, this is not apparent that the husband could not have the halfway right and duty on them.

Additional Considerations

Step 2: (Secondary consideration)

The parenting shall be done by taking equal responsibility. It means the court should have complied with all the duties and responsibilities with equal share with father and mother. Additionally, in this context, equal responsibility is to be given to both of the parents. The mother and father should be equally distributed with custody of the four children. Hence, making and expanding the holding among the relatives are significant for them and the dad must have the position and authority for making solid connection among him and the kids. As the children are 3 to 9 years old, they cannot have their rights to express what is their choice of living with. However, their choice and interest of living can be taken in which all the children want to live with their mother, however, two of them are quite fond of their father11.

Step 3

Therefore, to increase the affection of the children for their father, it is important to ensure the living of their parents. Apart from this, under parental surveillance, the children could have a proper relationship with the other person of the family. In the case of their mother, no such relationship is present, but in the case of their father's side, there are some valuable relationships are still existing. For this reason, making and increasing the bonding among the family members are important for them and the father must have the authority and custody for making the strong relationship between him and the children. In this way, the court settlement can be done by separating and distributing the custody and responsibilities of both parents.

Part B

Reflection of the challenges of the assignment

While conducting the research work, several understandings on the Family Act has been developed effectively. However, at the time of inquiring about the issues, serious conflicts have been addressed. Most of these conflicts have been emerged due to the parental custody of the four children. Along with this, the children might live in a distributed way to their parents. to build the fondness of the youngsters for their dad, it is imperative to guarantee the living of their folks. Aside from this, under the parental reconnaissance, the kids could have an appropriate relationship with the other individual of the family.

In the event of their mom, no such relationship is available, yet if there should arise an occurrence of their dad's side, there are some important connections are as yet existing. However, while developing such understanding, I have found issues and my understanding could have been differentiating from the assessor’s and leader’s choice which have made me tensed. For this reason, I have considered to take the ideas of different cases similar to the concerned issues and made my decision clear and approachable. Lastly, this assessment has effectively helped me to increase my logical reasoning and ideas about the Family Law application and practice.

Remember, at the center of any academic work, lies clarity and evidence. Should you need further assistance, do look up to our Law Assignment Help

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