Tutorial 2 - Parental Rights and Responsibilities, Lecture notes of Family Law

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about:blank Tutorial 2 - Parental Rights and Responsibilities Seminar 2 P; Righ Responsibiliti Residence, contact and maintenance ‘Adam (42) and Carol (40) are married parents to James (12), Brittany (10) and Ross (4). Adam and Carol separated four months ago when Adam left the matrimonial home to live with another woman, Lydia (31). Lydia has a six year Old daughter who lives wit them nies bedroomed semicdtached niall property with a lar -. Adam is employed as a leasing ‘manager and always had a close relationship with his children especially James and he and James have played a lot of sport together especially at weekends. Lydia works part time as an administrative assistant. Carol is still living in the matrimonial home, a three leer: with a the three children. She has not worked si devotes her time to looking after the children. She is shocked at her husband’s departure from the family home. She was employed as music teacher prior to the birth of her family. ies James to move to a catholic ant to Both parents seek residence of the children. Advise all parties on all relevant issues, residence, contact and maintenance. Residence Residence order ~ parents have the right to decide where their child lives 1D Inbest interest of the child 1D Status quo principle — if the child is living with one parent and is doing ‘well with one parent, the court will not change this, they will leave things as they are Breingan v Jamieson; Residence dispute over a 7 year old gitl Her mother had died Parents divorced and both remarried Her birth father and her stepdad both wanted residence of her Before the mother died, she left an unsigned will, that in the event of her death, her daughter should be looked after by her sister Her sister had taken the child after the mother had died Sister married and had a baby coooo oa 1/16