Family Law: Legal Issues and Areas of Law

Running head: FAMILY LAW
FAMILY LAW
Name of Student
Name of University
Author Note

1FAMILY LAW
Legal Issues and Areas of Law
In this case it is given that the client Maurice Cho and his wife Jessica Lim, married for
11 years, separated on or about 3months ago. There are various legal issues relating to this
separation. The first legal issue in the case is that the parties are separated and do not wish to
reconcile, since they have a child the issue arises which parent would have the day-to-day care
and who will have the custody. Another issue is who will have to provide child support. There is
a dispute between the parties about which school their daughter will attend. The relocation of the
child to Hong Kong for four weeks every year is also an issue in this case. Another legal issue
that can be found in this case is the violence of Maurice towards his wife and her colleague.
The legal issues in this case can be discussed under various legislations. The
maintenance, child support can be discussed under the section 64 of the Family Proceedings Act
1980 that discusses the maintenance after marriage or civil union ends, rule 372 of the Family
Court Rules 2002 that enforces maintenance under section 259 of the Child Support Act 1991,
sections 4, 4A, 33-36, 48 of the Child Supports Act 1991.
The decision regarding the custody and day-to-day care of the child can be discussed
under the sections 4-6, 47-49C, 51, 56, 64, 68-70 and 72-73 of the Care of Children Act 2004.
Section 4 of the act states that the interests of the child to be most important, section 5 states the
principles related to the child’s welfare and best interests, section 6 applies that a child’s views
must be taken into consideration while deciding the parenting order. Sections 47-49C, 51 and 56
discusses the provisions relating parenting orders and sections 64, 68-70 and 72-73 discusses the
rules regarding the execution of the parenting order.

2FAMILY LAW
The problem regarding relocation of Tabatha to Hong Kong for four weeks every year is
an issue under the legislations of Care of Children Act 2004. The sections in consideration are
sections 4-6, 16 and 46R. The United Nations Convention on the Rights of the Child also
applies in this aspect.
The issue of violence of Maurice against his wife and her colleague fall under the
legislations of the Domestic Violence Act 1995. Sections 3, 4 and 14 are needed to be
considered. Section 3 states the meaning of domestic violence, section 4 sets out the application
of the act and section 14 sets out the requirements considered to make a protection order. Section
5 of the Care of Children Act 2004 also needs to be considered. In section 5(a) principle relating
to child’s safety is discussed. Section 5A requires the court to take into account the principle in
5(a) regarding protection order.
Issues in Dispute
The first issue that the client is in dispute with is that he is reluctant to allow his daughter
Tabatha to remain in New Zealand with his wife. The second issue is the condition his wife Ms.
Lim gave him stating that when Maurice has Tabatha in his care his parents will not look after
her as they allow her too much screen time. Maurice is also not agreeing to pay for the person
accompanying Tabatha to Hong Kong. Another issue that is in dispute between Maurice and his
wife is that Maurice wants to and is willing to pay to enroll Tabatha at King’s College but Ms.
Lim and her family want Tabatha to go to a Catholic high school for girls named Baradene
College of the Sacred Heart. In addition to the aforementioned there has been another dispute
between Maurice and Ms. Lim where Maurice became upset and angry at Ms. Lim and her
colleague David when he found out that they were drinking together. He pushed her and punched