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Family Law Memorandum of Advice Assignment

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Added on  2021-06-14

Family Law Memorandum of Advice Assignment

   Added on 2021-06-14

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Family Law Memorandum of Advice 1Family Law Memorandum of AdviceStudent by (Name)Professor’s (Name)CollegeCourseDate
Family Law Memorandum of Advice Assignment_1
Family Law Memorandum of Advice 2MEMORANDUM OF ADVICETO: ANTHONY PRATT (PRINCIPAL LAWYER)FROM: A GRADUATE LAWYERDATE: 4TH MAY, 2018CASE NO:RE: LEGAL ADVICE ON THE ISSUE OF CHILDREN AND PROPERTY OF BRADLEY'S FAMILY.
Family Law Memorandum of Advice Assignment_2
Family Law Memorandum of Advice 3INTRODUCTIONSometimes if you can't fix it, you have to let go, is my precise and explicit anecdote forthis particular case. No human being is perfect and so do the relationship and the marriages weengage into. Marriage can be the hardest stage in someone’s life because, without peace andunderstanding between the couples it can't prevail, it is premised on love and happiness, but onthe way, and this may not reflect when the partners move along. It is sometimes full offrustrations and irrationality but all the same, it can still be called marriage perhaps, because ofthe dynamics and the complexities associated with the case.1 Now, basing my arguments onBradley’s family issues of children and property, I want to categorically point out that thebreakdown of a marriage or de facto (inclusive of the same sex) relationships can generatevarious matters or issues which may need some critical attention and resolution. Some of theseissues may be and not limited to: divorce, property adjustment, spousal maintenance, childsupport, parenting arrangements and adult child maintenance. Regarding the Australian FamilyLaw, all of these matters except child support fall under the Family Law Act (FLA) 19752. It isfederal legislation that works in all states and territories.3 The jurisdiction is enforced by the1Rachel Birnbaum, BalaNicholas and Bertrand Lorne, "The rise of self-representation in Canada's family courts: Thecomplex picture revealed in surveys of judges, lawyers and litigants."Can. B. Rev.91 (2012): 67.2Renata Alexander,Domestic violence in Australia: The legal response. Federation Press, 2002.3Renata Alexander, "Family violence in parenting cases in Australia under the family law act 1975 (Cth): Thejourney so far–where are we now and are we there yet?."International Journal of Law, Policy and the Family29.3(2015): 313-340.
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Family Law Memorandum of Advice 4Family Court of Australia and the Federal Magistrates Court. But some parts like WesternAustralia has its individual Family Court but applies federal legislation in on matters about thementioned ones.4 Bradley’s family is riddled by a number of these issues that I wish to address inthe following discussions.QUESTION PRESENTEDMatters that are in dispute in Bradley’s family Bradley was served with a legal order preventing him from living in his matrimonial house withhis family, who were name as the protected members because his wife claimed that he wasphysically violent to them. The law states that if a partner is physically violent to their family,then he/she is given a court order to prevent them from getting near their family. Bradley wantsher little child Rosie to remain in Australia and prevent his wife from moving her out of thecountry with his consent. Clause 40 part 1 states that both parents have the custody of theirchildren who are less than 18 years, so Bradley claims that the wife cannot take Rosie out of thecountry without the approval of Bradley. He also want to have a full custody of Rosie and mendhis relationship with Lily as well as spend more time with her. The family law act clearlyoutlines that at the time of separation between couples, both parties are entitled to be jointcustodians of their kids who are below the age of 18. If either of the parents wants the fullcustody of their child, they must apply for an order in the court for the custody of the child. Inthat case, the law must investigate the welfare of the child and in that case, the wishes of the4Nola Webb and MoloneyLawrie, "Child-focused development programs for family dispute professionals: Recentsteps in the evolution of family dispute resolution strategies in Australia."Journal of Family Studies9.1 (2003): 23-36.
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Family Law Memorandum of Advice 5child are taken into account. If Bradley wants the full custody of Rosie, then he must apply for anorder of custody before he is entitled as the full guardian of Rosie. He wants to sell hismatrimonial home, protect his inheritance and prevent his wife from demanding for spousalsupport. The clause 51 of family law act demands that a partner should support the other partnerso long as they are in a position to do so or if the other partner is not able to support themselvesadequately or if they are not in a position to secure permanent employment. In accordance toBradley’s case, he is in a position to support his wife, but his wife on the other hand is able tosupport herself financially, so Bradley will not be forced by the law to support her if he is notwilling. But the court should use all the legal grounds regarding this matter their jurisdiction sothat both parties are served justice and fairness.FACTSThe type of application that needs to be filled I strongly believe that provisions of the family law act are important in this particular case. Thefamily law act demands that both parties should take part in their parental responsibilities aboutchildren, shared property and spousal support in case of divorce. Parental responsibilityIn reference to the case of Bradley, he wanted to be the full custodian. It is a legal requirementthat the spouses should share an equal responsibility to their children. The law requires that anypartner who wishes to take the full responsibility of a child must fill an order for guardianship.He/she must also be financially stable enough to be able to support the child. Bradley wouldhave been forced by the law to fill the guardianship order which must fulfill the followingrequirements:
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Family Law Memorandum of Advice 61.The welfare of the child is taken into account. In that case, the court should haveconsidered if Rosie was safe to live with her father or not.2.The child’s wishes should also be considered. Rosie would only live with her father onlyif she was willing. 3.A child’s wishes are only neglected only if he/she is less than 14 years or if the prevailingcircumstances force demand so.The court demands that the children’s guardians should take care of them irrespective of theirstatus, whether they are divorced or remarried. The guardian can only support the child untilhe/she attains the age of 18 where the child has freedom of choice. However these parentalresponsibilities may still be extended if the child mentally handicapped. In Bradley’s case, hewanted to protect the child and prevent her mother from taking her out of Australia before she is18. However, the child would have been in a better condition, if he/she is being taken care of bythe both parents.When the court is giving orders concerning the child, it must take into consideration the welfareof the kids and ensure that orders are at the best of their advantage.1.Guaranteeing that the kids get parental support from both parents2.Protecting the kids from being mistreated or hurt physically, psychologically, oremotionally.3.Giving the kids the advantage of having both parents. Though Bradley wanted to livewith Rosie, it was important that she gets parental support from both parents.Spousal Support
Family Law Memorandum of Advice Assignment_6

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