Question: Client Background: The client has two children, a 7-year old daughter and a 5-year-old son. She separated from the child's father 3 years ago. The

Client Background: The client has two children, a 7-year old daughter and a 5-year-old son. She separated from the child's father 3 years ago. The father has a history of substance abuse, which was a contributing factor to the separation. Since the separation, the children have lived with the client and spent time with the father every other weekend and during some school holidays. Final parenting orders, which reflect this agreement, were made by consent 2 years ago. The client , who was unrepresented at the time, reluctantly consented to these final parenting orders under pressure from the father. Current Situation: The father frequently arrives at the client's home unannounced, demanding to see their children. He often makes threats about taking the client to court to gain full custody if she doesn't comply with his demands. The client is very anxious about the possibility of losing custody, so she reluctantly allows the father to take their son for additional, unscheduled visits. Concerns: The client has noticed that the children son often returns from visits with his father looking unkempt and hungry. The 7-year-old child has mentioned that he sometimes doesn't get proper meals while with his father. Recently, the client observed bruises on the 7-year-old's legs. When she asked him about it, he seemed scared and refused to talk about how he got the bruises. The client has noticed that the children often returns from visits with the father smelling of alcohol and cigarette smoke. The father has been verbally abusive towards the client in front of their children, causing the children to become anxious and fearful. Both children, especially the 5-year old has been experiencing severe emotional distress, becoming upset and agitated before changeovers. The children often cry when transitioning into the father's care. The 5-year old has nightmares and has started to wet his bed The client has received several threatening messages from the father, demanding more time with their children and making derogatory remarks about her parenting abilities. The son's school has reported that he has been more withdrawn and has shown signs of distress, such as crying easily and having difficulty concentrating in class.

The school required a signed consent form for the 7-year-old to participate in an excursion. Despite multiple requests, the father has refused to sign the form, resulting in the child missing out on the excursion. The client has taken the 5-year-old to several medical appointments, leading to a recent diagnosis of autism. The father has not attended any of these appointments, denies the diagnosis, and refuses to communicate with the doctor regarding the child's condition. The father has not given consent to apply for National Disability Insurance Scheme (NDIS) funding to support the 5-year-old's autism, hindering access to necessary resources and support. The father frequently sends abusive messages to the client at all hours, using derogatory language and making inappropriate inquiries about her personal life. The client has reported these messages to the police, but they have classified it as a family law matter and have not taken action. Focus Questions What advice would you give this client based on the current s60CC factors? What factors do you think are most relevant? What advice would you give this client about what orders should be made in relation to decision making on major issues? What s60CC factors do you think are most relevant? Would you advise your client to commence proceedings? If so, what orders would you seek and how are they in the best interest of the children? Would you advise your client to seek any other orders, if so what orders and why?

Step by Step Solution

There are 3 Steps involved in it

1 Expert Approved Answer
Step: 1 Unlock blur-text-image
Question Has Been Solved by an Expert!

Get step-by-step solutions from verified subject matter experts

Step: 2 Unlock
Step: 3 Unlock

Students Have Also Explored These Related Law Questions!