Family Law: Parenting Plan and Case Study Analysis

This report delves into the development of a parenting plan in family law, with a case study analysis. It discusses the major issues faced by children and the enforcement of parenting plans. It also explores the differentiation between relocation and recovery cases. Legal solutions are provided for specific cases.

Family law

TABLE OF CONTENT
INTRODUCTION....................................................................................................................2
PART A......................................................................................................................................2
Parenting plan.........................................................................................................................2
PART B......................................................................................................................................4
PART C......................................................................................................................................6
CONCLUSION.........................................................................................................................7
REFERCENCES......................................................................................................................8
INTRODUCTION
The family law in Australia is an increasingly been implemented particularly in the case
of children. The changing lifestyle and priorities have created many problems for the children
today where they do not have roper guidance and counselling thus showing a lack of moral

values in most of the cases today. In the current report that is been prepared, the case law of
Fitzpatrach versus power will be discussed where the parenting plan will be prepared for the
children involved in the case study. Further, the report will also identify the supporting
legislation that is related to the time that a parent is bound to spend with their children. In the
further part of the report a case study on Rachel and Kara will be discussed and appropriate
solutions will be identified on the basis of analysis done. Lastly, a comprehensive conclusion
will be presented on the basis of finding and work done in the report.
PART A
Parenting plan
PARENTING PLAN
MARY JACOBS (WIFE)
DOB 14/08/1984
At Geelong
JAMIE COPPER (FATHER)
DOB 30/09/1976
Address for service:
18 Fifth Street
Hoppers Crossing, Vic, 3029
Address for service:
6/123 Providence Place
Brunswick, Vic
3056
CHILDREN DETAILS
1. Jessica Joan Cooper
DOB 4th November 2011
St Peters Primary School – Werribee
– grade 3
Currently living with mother
2. Ethan James Cooper
DOB 13th August 2013– grade 1
St Peters Primary School – Werribee
– Grade Prep
Hoppers Crossing
Currently living with the mother

3. Joshua Paul Cooper
DOB – 4th May 2018
Currently living with the mother
By consent both parties agree to :
1 The husband and wife have joint responsibility for the long term wellness, welfare and
development of children of the marriage namely:
 The children will be living mother as father is incapable of looking after his children ,
so the following rule are formulated where children can meet their father:
 Joshua will not meet his father until he is 4 years old as he is too small currently
 Jessica and Ethan can spend their one week of every school holiday with their father
James and half of the long school holidays.
 On Christmas festival James can meet children for 2 hours until 5 pm.
 Jessica and Ethan can meet James, their father after school when he is working in
Melbourne and some weekends from Friday after school until 5 pm.
 On Easter father can see his children for more than 4 hours and on father’s day they
can spend time with father for whole day from 10 pm.
 The father cannot bring children to his home and they can meet mutually at KFC
which is half way for both parties
 Children can call their father at any time they want but James shall not call at Marys
home (Death, Ferguson and Burgess, 2019).
Letter to Marry Jacobs
To Marry Jacobs,
The plan sent by you does have various strengths and weaknesses which can be
analysed with the fact the time permitted to children for meeting their father is correctly
accurate, and you are right with your concerns for keeping children with you. The strength of
plan is that you have taken high care of providing space to let James meet children on special
occasions, and they can communicate their meeting time periods before so that no confusion
arises later. You have also taken care of Joshua from not allowing the father to meet him
since he turns 4 which will be correct from legal administrative point of view. The children
should be acknowledged of all these points respectively. However the weakness of plan is
that the court may object from the side of father as plan stays he cannot call from children

form in front and also the legal law order may object the decision of not allowing father to
take children to home (Dragiewicz and Tyzack, 2017).
(A) Most important issues to be considered by court in event that there is dispute over how
much time children should spend with each child are the distance where they are currently,
situated and most importantly the past of each parent with which court can look for the
Worthing components. The financial position is also an important factor which will signify if
the parent has potentiality to look after child well function and care, through which they are
highly functional on various stage of life. The court will also look forward to various
sentiments and tome period which will signify children time spending with their parents,
legally once all rules are structured they should be ethically followed without any
miscommunication.
(B) A parenting plan cannot be legally enforced if James fails to comply with the plan details
at structure (Taylor, 2019).
PART B
The report case of Fitzpatrick v power explains the various main arguments by mother
and father for their children with the view that mother thinks the father is currently impotent
and not eligible to take care of children due to unwell situations, less financial position. The
mother concerns regarding the negative impact of drinking alcohol which is highly an
addiction of the father amy impact children behaviour if they are meeting him for longer
periods. The mother is highly focused towards children wellness and in providing them with
high quality standards of living with proper school facilities and enabling them to form
proper relations only with legal confirmation with their father, to limited time extent which
will imply the focus towards positioning them highly strong in their academic lives variably.
Mother concerns are right for children in enabling them comfortable living period and care to
them with strong facilities which the father is highly incapable of giving in this period (Kaye,
2019). The drinking habit has made his father unbalanced towards his job and working
avenues which has also negatively impacted his livelihood and habits to live his life
functionally. The children are yet small and need strong care by their parents and mother
wants them to live with her and enable the father to meet only for some legal period as
suggested by court under eye of law. Father rights will be taken in mind for stressing towards
high vitality to maintain strong relationships with the children where mutual respect, love and
care within relations will be highly important. Mother concerns and arguments towards

children not allowing them to live or share their time much with father is correct as they need
well schooling and grooming with opportunities to study in high standard schools which the
father will be unfit to provide keeping in mind he is not able to be at a stable financial
position.
The fathers situations and concerns explains that he is denied to meet his children for
long time where the mother always obstructs his path, legally bounds him without any legal
prejudice which has impacted him highly. Father concerns say that he also helds legal equal
right to meet his children and take care of them for longer periods , and mother should not
stop him from taking care of him . Father concerns explain that mother is highly neglecting
the respect towards his sentiments and love for children, through which he wants the legal
voice of court to take the legal actions as suitable with fundamental knowledge of every fact
which may impact their children lives (Kordos and et.al 2017).
The difference between relocation and recovery cases can be understood with the fact
that many times relocation involves residential move that results in significant changes to
child living arrangements with parent. The relocation case explains the arrangements which
make it difficult for child to spend time with other parent as the situations and the financial
conditions, various other parameters which may impact child behaviour and ethics with
which children needs to be groomed. The relocation cases are also done when any of the
parent which is taking care of child is planning to change their location and city which needs
legal helps so that the other parent may confirm it legally. The recovery cases within the eyes
of law can be understood ads the stage where father or mother may want a defined amount of
recovery from the other parent to take care of child, which may leverage functional ethics
between them. Legally court plays an important role here in providing the parents legal
custody with full separation of all assets which were under them before separation. The main
point of difference under these two can be understood with the vital focus towards bringing
strong living parameters for children and ethically enable parents to communicate their
worries before law. Both the explanation are highly differentiating in enabling laws to work
towards cases where there are various barriers through which the construction of correct
decision is highly important (Mackay and Giuffrida, 2020),
PART C
As Rachel and Ethan have a small child named Jeremy, who needs care and love for
living strong life with supervision and they must be enabled to take proper law support for

well grooming of their child. As Ethan has been highly addicted to drinking habit of alcohol
consumption, the situations have been rapidly changing influencing his behaviour and living
standards which has also impacted the life of Jeremy immensely. Ethan has been very
unlikely to take care of Rachel and their child due to inactive behaviour and less focus
towards various arenas of life which needs fundamental support and enlightened support from
law point of view (Roberts, 2018).Rachel for applying parenting order that Jeremy may live
with her should take legal assistance to form plan and construction of effective plan through
which Jeremy may be allowed to meet his father only for limited time periods with
prescribed dates and definite tie frames. Ethal may be entitled to the legal order of allowing
Jeremy to meet with his father only for limited time period so that the habit of addiction to
alcohol may not impact him for larger periods and psychologically they are under proper
contentment with legal help to properly enable Jeremy to live strong livelihood period . The
legal order that Ethan may be entitled to for enabling them in forming strong connection with
his child only under the consideration that he leaves the addiction of alcohol and not impact
the behaviour onto his child (Mackenzie, Herbert and Robertson, 2020).
2
Nathan a 10 year old son is under legal responsibility of his mother currently who has
been reportedly highly irresponsible towards child care responsibilities and has been very
inattentive towards the care and welfare of her child which has highly impacted the ethical
behaviour of the boy. Nathan needs to be legally given to his father and allowed to meet his
mother only at periodic intervals and on some dates so that the intoxication behaviour of
mother do not impact him highly towards his school work performance and relative outlook
towards life (Rathus, 2020). Its is in best interests for Nathan to be with his father at his home
and be at distance from mother with legal help and advice to meet the considerations
requirements which will enable them in forming proper parameters on which Nathan can lead
his life ahead and also positively work in school. Nathan is 10 year old and needs to be given
proper care by parent and legal force with which he can also work properly at school, and
function properly solution as per the advice of legal help by court. The child needs to be
given proper care and support by parents where both have equal responsibility towards the
child, which keenly addresses various parameters onto which they needs to be attentive
towards their working determinants, leverage best funds and financial strength through which
larger benefits could be provided highly (Parkinson, 2019). Kara being the lawyer of Nathan
has to focus on convincing him to live with his father as its is his best interests as the mother
is currently inefficient towards her responsibilities and also largely is not present before

Nathan when he needs him. The legal custody when given to his father will enable child to
be in responsible hands and be highly focused towards his duties in academic career at
school, which will keenly upgrade their working parameters onto which larger focus is
towards better living conditions and ethically upbringing on child. These factors have highly
created the functional attributes towards which Kara need to emphasis for betterment of
Nathan and concluding that the legal custody be given to father and mother can only meet
him on periodic intervals of time and on weekends. These decisions will enable in
establishing strong efficiency among Nathan building of life, through which the upbringing
can be established for longer term with legal assistance and rational service being highly
focused towards betterment of Nathan (Pert, and et.al 2019).
CONCLUSION
On the basis of analysis done in the report above, it can be identified that the
development of a parenting plan is a very comprehensive task and requires complete
involvement of both parents and children in the plan thus developed. The report also
identified what were the major issues that children faced and concluded that a parenting plan
can be enforced on children. The differentiation between the relocation and recovery case
was also made in the report and lastly, the cases of Rachael and Kara were discussed
presenting correct legal solutions for both of them.

REFERCENCES
Books and Journals
Death, J., Ferguson, C. and Burgess, K., 2019. Parental alienation, coaching and the best
interests of the child: Allegations of child sexual abuse in the Family Court of
Australia. Child abuse & neglect. 94. p.104045.
Dragiewicz, M. and Tyzack, J., 2017. Interview with the Right Honourable Diana Bryant,
Chief Justice of the Family Court of Australia. In Trends in the Judiciary
Interviews with Judges Across the Globe (Vol. 3). Routledge.
Kaye, M., 2019. The increasing demands on the role of children's lawyers in family law
proceedings in Australia. Child and Family Law Quarterly.
Kordos, N.,and et.al 2017. A conversation with her honour Diana Bryant AO, chief justice of
the family court of Australia. Victoria University Law and Justice Journal
7(1). p.1.
Mackay, A. and Giuffrida, J., 2020. Implications of the Royal Commission into Institutional
Responses to Child Abuse for the Protection of Vulnerable Witnesses: Royal
Commission Procedures and Introduction of Intermediaries and Ground Rules
Hearings around Australia.
Mackenzie, D., Herbert, R. and Robertson, N., 2020. ‘It’s Not OK’, but ‘It’never happened:
parental alienation accusations undermine children’s safety in the New
Zealand Family Court. Journal of Social Welfare and Family Law, pp.1-12.
Parkinson, P., 2019. Further Family Law Reform in Australia: Charting the Way
Ahead. Available at SSRN 3453861.
Pert, A., and et.al 2019. Cases before International Courts and Tribunals concerning
Questions of Public International Law Involving Australia 2017. The
Australian Year Book of International Law Online. 36(1). pp.322-353.
Rathus, Z., 2020. A history of the use of the concept of parental alienation in the Australian
family law system: contradictions, collisions and their consequences. Journal
of social welfare and family law. 42(1). pp.5-17.
Roberts, D. C., 2018. Child contact, domestic violence, and family law in Australia (Doctoral
dissertation).
Taylor, M., 2019. Family law: Does living apart preclude'living with'when applying for
declarations of domestic partnership?. Bulletin (Law Society of South
Australia). 41(8). p.40.