Family Law: Analysis of Legal Issues, Disputes, and Resolution Options

This report provides a comprehensive analysis of a family law case involving a separating couple, Maurice Cho and Jessica Lim, and the legal issues arising from their separation. The case covers various aspects of family law, including child custody, child support, the relocation of the child to Hong Kong, and domestic violence. The report examines the relevant legislations, such as the Family Proceedings Act 1980, the Child Support Act 1991, the Care of Children Act 2004, and the Domestic Violence Act 1995. It outlines the issues in dispute, including disagreements about the child's school, parental care arrangements, and financial responsibilities. The report also discusses the parties' areas of agreement, the impact of violence on parenting proceedings, and the dispute resolution process, including Family Dispute Resolution (FDR). Furthermore, it explores the legal options available to the client and the information needed for application. The analysis highlights the importance of the child's welfare and best interests throughout the legal proceedings.

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

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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.

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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

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David seeing which Tabatha was very upset. Ms. Lim has threatened to get a protection order
against him.
Issues parties are in alignment
Both parties agree on not wanting to reconcile. Both agree on shared care of their
daughter. The parties have come to an agreement on the terms that when Maurice would be in
New Zealand he would give a 24 hours notice to Ms. Lim to have care of their daughter. Maurice
also agrees to Ms. Lim’s suggestion that she should have Tabatha’s care for 10 months each year
and he have Tabatha for the remaining two months. Both are also in alignment with Tabatha
spending Chinese New Year with Maurice in Hong Kong and Christmas with Ms. Lim in New
Zealand. Both agree on having Tabatha go to Hong Kong once every year during her school
holidays. Both further agree that Tabatha is too young to make such long journey to Hong Kong
alone and should be accompanied by someone when travelling. Both Maurice and Ms. Lim agree
on agreement in deciding that when not in their care they will have Skype contact with Tabatha.
Impact of Violence on Parenting Proceedings
The act of violence by Maurice to Ms. Lim can result for a number of disputes for
Maurice. It is seen in the file note of the interview that at the end of the marriage just after their
separation Maurice hurt Ms. Lim and her colleague David which their daughter Tabatha
witnessed. Although Ms. Lim has not been to police but she informed Maurice that she has been
considering getting a Protection order against him. A protection order will prohibit Maurice from
contacting or communicating his wife Ms. Lim or his daughter Tabatha. Further the incidence

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can upset his daughter and make her wary of him. He can lose custody of his daughter for
violence against his wife and her colleague in front of his daughter.
Dispute Resolution Process
To minimize the risk towards children and the parties and regard best interests of the
children the family law practice in New Zealand aims to resolve disputes in a effective,
constructive and conciliatory way. Under the Care of Children Act anyone commencing
proceedings for an order for guardianship or parenting are directed to follow certain pre-action
procedures before filing an application to start a court case. Section 7A of the Care of Children
Act sets out the obligations to achieve emphasis on welfare of the child. Although some of the
processes are pre-application yet most of the processes are post-application to the Family Court.
To apply for parenting and guardianship orders all the parties are required to obtain a certificate
confirming an attempt of Family Dispute Resolution (FDR) has been made by the parties from a
registered family dispute resolution practitioner (FDRP). A party can avoid attending FDR by
following section 46E of the Care of Children Act. The conditions for not attending FDR are:
 If the parties have attended FDR within 12 months of application
 If the application is in response to proceedings for parenting and guardianship
 If the application is without notice
 If the application relates to a child under Oranga Tamariki proceedings
 If the application is for enforcement of existing orders
 If the application is for consent order

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 If the application provides affidavit evidence that either one of the parties is unable to
participate in FDR or that at least one party or a child involved has been subjected to
domestic violence.
Under section 46F a judge can order FDR if the parties have not attended FDR within last 12
months, the parties have consented to the referral or is considered to be successful.
If the FDR is tried but failed to resolve issues, an FDR certificate is needed to be filed with
the first application. The certificate must state one of the following- one of the parties did not
attend FDR, both parties attended the FDR and made a genuine effort to resolve the dispute or
that the FDRP decided that the case was not appropriate for FDR.
Options Available
There are certain legal options available to the client to get what he wants. For the rights
to care of child he can make an application under the Care of Children Act 2004. For
international relocation rights relating to taking his daughter to Hong Kong for four weeks every
year he can apply under the section 46R of the Care of Children Act 2004 and under the United
Nations Convention on the Rights of the Child. For other issues relating to decisions of schooling
and supervision of Tabatha he can file application under the sections 4-6 of the Care of Children
Act 2004 that deals with the welfare and best interests of the child.
Information Needed
The preliminary information that is needed for the application of parenting and
guardianship applications are-

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 Full names, addresses, occupations and dates of birth of both parties
 Full name, date of birth and sex of each child
 Date of marriage or commencement of relationship and date of separation
 Nature of relationship of each child with both the parents and/or step parents
 Details of relatives particularly close to the child
 How the client plans on looking after the child
 Where the child lives or is intended to live
 List of educational or health needs of the child
 Principal carer of the child and role of the other party
 Factors detrimental to child
 Any violence between the parties or violence towards the child, if so, what, when and by
whom
 Future proposals for the child’s care and relationship with both parents
 Details relating to supervision of the child
Most of these information has been provided by the client in the first interview other information
can be obtained by communicating with the client and his wife.