Welfare of the Child in Matrimonial Disputes

Business Law

Table of Contents
Part A.......................................................................................................................................3
Question Presented..............................................................................................................3
Short Answer........................................................................................................................3
Statement of facts....................................................................................................................3
Discussion............................................................................................................................3
Conclusion............................................................................................................................5
Part B.......................................................................................................................................5
Part C a....................................................................................................................................6
Part C b....................................................................................................................................6
Bibliography.............................................................................................................................7

Part A
TO:
FROM:
RE:
DATE:
Question Presented
Is the welfare of the child to be taken into account as far as parental responsibility is
concerned as a result of divorce or judicial separation with reference to matrimonial
disputes?
Short Answer
Yes, it is to be taken into account the beneficial aspects of the child as far as the custody is
concerned with reference to separation of parents as a result of matrimonial disputes.
Statement of facts
Mrs. Ada Agarwal has instructed regarding the issues in her marriage as far as the judicial
separation three years ago is concerned. She is also facing difficulties with regard to the
accessing her child Daniel due to the document of separation signed between her and her
husband which implies that Daniel would be the sole responsibility of her husband. She
claims that she was compelled to sign such a document as a result of cultural issues. She
has also sought psychiatric help due to such chain of events. Her issues related to mental
health aggravated to such an extent that she had to seek treatment as per the provisions
enshrined and envisaged in the Mental Health Act of 2016 as far as the jurisdiction of the
Australian state of Queensland is concerned1. Under such an authority she was declared as
an inpatient. Daniel has visited Mrs. Ada Agarwal three times in a year since the separation.
However, she does not get any opportunity to see him at least once. She is even restricted
to make any phone calls as far as the conversation with Daniel is concerned. She is
contemplating to go to court with regard to litigation or arbitration as far as alternative dispute
resolution is concerned. She has been advised not to go through mediation. It is also
observed from the facts of the case that she has immense faith and belief over the firm as
far as the derivation of a comprehensive solution in a timely manner is concerned. As a
1 Mental Health Act 2016