[SOLVED] Letter of advice 5126LAW: ASSESSMENT ITEM 3

Law

Letter of Advice

25 January 2022

Ms. Amelia Hart

4 Cornet Street, Yeronga

Re: Domestic Violence and parenting matter- Hart & Hart

Dear Amelia,

We do confirm that we have been asked to provide you with advice regarding the parenting and domestic violence matter during the appointment on 24 January 2022. On the basis of the information which you provided, it has been identified that there are various issues with which you are dealing. After hearing all of the issues we observed that physicaland psychological violence is happening against you as well as your children. Hence, you and your children are the victims in this case1.Australia has various relevant legislation regarding domestic violence. They are the Domestic and Family Violence Protection Act (QLD) 2021 and Family Law Act 1975. Additionally, there is National Plan to Reduce Violence against Women and their Children 2010-2022. Moreover, you said that you think that your husband is stalking you and according to the legislation of Australia, stalking is also considered an offense. According to your statement, your husband is breaching these laws.

The Family Law Act needs the court to consider the requirement to protect children’s rights and also to promote the welfare of the children in various matters with which it basically deals under this Act. The primary consideration should be the best interest of the child. The main motive of the Family Law Act with regards to children is to make sure that the child receives proper and adequate parenting in order to help them reach full potential and also to make sure that the parents are fulfilling the responsibilities and duties concerning the welfare, development, and care of the children2. All of these are not fulfilled in this case.

Family and domestic violence can impact the wellbeing of a child and they may become depressed and anxious. Family violence also impacts their mental health badly and they may not feel good about themselves3. They may have an eating disorder that will harm their physical health. In this case, Danny forces his children to finish their food which may harm their physical health and he also fights with their mother in front of them which affects their mental health. So it is better to avoid fights in front of them.

Any person who is the parent and their children is under 18 year’s holds parental responsibility of their child. Parental responsibility refers to all the duties, responsibilities, authority, powers, and rights which legally the parent has related to their child and the property.

While considering the orders, section 66G FCA and 60 CG FLA offer that the court should make sure that it is constant with the order to family violence and no person expose to the unacceptable family violence risk.

Potential court orders such as orders of domestic violence, restraining order for violence, intervention order for family violence, and restraining order for domestic violence4. These orders basically utilized the mechanism of justice response in order to ensure the safety of children and women who are exposed to family or domestic violence. In this case, this potential order to court will safeguard Amelia and her children from domestic violence.

The key consideration that Australian Courts usually undertake for children being exposed to domestic violence is making sure that their best interests are being served and fulfilled. By evaluating the scenario, it is clear that both the children, Henry and Thomas are being subjected to domestic violence as per sections 4AB (3) and 4AB (4) of the act. It is clarified by both the act that it is the ultimate responsibility of the court for protecting children’s rights, as well as promoting their welfare and give protection to them from issues like family violence5. The Court needs to follow and abide by Section 60CC(3)(j) of the family violence act for taking into consideration a child, children or a family member who is dealing with family violence. Apart from this, by following Section 60CC (3) (k), it is necessary for the Court for taking into serious consideration the order of family violence6. When children are tackling domestic violence by the above-mentioned sections, the court is bound to give them protection orders. Part 3 of the protection order is suitable in this case which has the extension of five years and is applicable under a specific condition that is stipulated by the court. In other circumstances, reasons are needed by the court for placing the order to be valid for less than five years. Section 97 of the domestic violence act relates to this. Besides this, the court can also give a temporary protection order by following and maintaining section 44 of the act. In addition to this, family reports need to be produced along with seeking advice from family consultants to look after this serious matter of domestic and family violence7. This is a scenario of family law where it might be ordered by the court for getting certain individuals engaged to do conversations with family consultants.

Writing a family report would be essential to bring clarity to the case with proper evidence. Family consultants would also be appropriate as they specialize in this field for interviewing children and other victims of domestic violence. The court can also consider the lighthouse project in this specific scenario8. This is considered a unique approach for undergoing the screening process in order to evaluate risks for children and adults. The project has the key emphasis to enhance outcomes and living conditions of families engaged within the family legal system. But it is my perspective that it would not be essential for the Evatt list. The matter would not go so long and can be resolved by other previous conditions already mentioned. The Evatt list is basically the court’s initiative comprising a greatly qualified group of judges for helping in the smooth progress of the case containing potential threats and risks. The Lighthouse Pilot Project’s successful implementation would be enough for resolving the issues of the case. The court might give notice to Amelia by showcasing evidence from sections 67ZBA and 67ZBB of the Family Law Act 19759. Section A denotes one party might put family violence threat to another party during the time of proceedings. Section B specifies a notice must be filed by an interested individual in a prescribed format within the court to hear the proceedings as well as serve the notice’s original copy upon the referred party. This can be a great dispute resolution procedure for Amelia and her two children10. They might not be likely to witness long-term psychological and physical effects and eliminate chances of mental disorders like depression and anxiety.

Yours faithfully,

FAMILY + CHILDREN’S LAWYERS

Per:

HAMISH BATTY

Yours faithfully,

,

References

Article-Books-Journals

ALRC, “The Best Interests Principle | ALRC”, ALRC (Webpage, 2022) <https://www.alrc.gov.au/publication/seen-and-heard-priority-for-children-in-the-legal-process-alrc-report-84/16-childrens-involvement-in-family-law-proceedings/the-best-interests-principle/>

Anrows, “Domestic And Family Violence Protection Orders In Australia”, Anrows.Org.Au (Webpage, 2019) <https://www.anrows.org.au/wp-content/uploads/2019/02/16_4.1-Legal-WEB_FINAL_0.pdf>

Dfvbenchbook, “Unacceptable Risk And Best Interests – National Domestic And Family Violence Bench Book”, Dfvbenchbook.Aija.Org.Au (Webpage, 2022) <https://dfvbenchbook.aija.org.au/family-law-proceedings/unacceptable-risk-and-best-interests/>

Dss, “Domestic Violence Laws In Australia”, Dss.Gov.Au (Webpage, 2019) https://www.dss.gov.au/sites/default/files/documents/05_2012/domestic_violence_laws_in_australia_-_june_2009.pdf

Austlii edu, “FAMILY LAW ACT 1975 – SECT 60Cchow A Court Determines What Is In A Child’s Best Interests”, Www5.Austlii.Edu.Au (Webpage, 2022) <http://www5.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s60cc.html>

Fcfcoa gov, “Family Violence- Lighthouse Project”, Www.Fcfcoa.Gov.Au (Webpage, 2022) <https://www.fcfcoa.gov.au/fl/fv/lighthouse/faq#:~:text=The%20Lighthouse%20Project%20is%20an,identification%20and%20management%20of%20safety>

Fcfcoa gov, “Guide For Parties In The Evatt List”, Www.Fcfcoa.Gov.Au (Webpage, 2021) <https://www.fcfcoa.gov.au/fl/pubs/guide-parties-evatt-list>

Legalaid qld, “Family Law Act 1975—Relevant Sections”, Legalaid.Qld.Gov.Au (Webpage, 2022) <https://www.legalaid.qld.gov.au/Find-legal-information/Publications-and-resources/Legal-information-guides/Consent-orders-parenting-orders-and-parenting-plans-guide/Family-Law-Act-1975-relevant-sections#:~:text=Family%20Law%20Act%201975%20%E2%80%94%20Section%2067ZBA,-Where%20interested%20person&text=(b)%20there%20is%20a%20risk,a)%20or%20(b).>

Cases

Kirjalainen, Toni and Ulla Valtonen, “41 Digital Technology, Post Separation Violence And Stalking” (2016) 22(Suppl 2) Injury Prevention

Koegler, Erica et al, ““When Her Visa Expired, The Family Refused To Renew It,” Intersections Of Human Trafficking And Domestic Violence: Qualitative Document Analysis Of Case Examples From A Major Midwest City” (2020) 6(11) Journal of Interpersonal Violence

Legislation

Family Law Act 1975 (Cth)

4AB (3) and 4AB (4) of the Family Violence Act

Section 60CC (3) (j) and Section 60CC (3) (k) of the Family Violence Act

1ALRC, “The Best Interests Principle | ALRC”, ALRC (Webpage, 2022) <https://www.alrc.gov.au/publication/seen-and-heard-priority-for-children-in-the-legal-process-alrc-report-84/16-childrens-involvement-in-family-law-proceedings/the-best-interests-principle/>

2Anrows, “Domestic And Family Violence Protection Orders In Australia”, Anrows.Org.Au (Webpage, 2019) <https://www.anrows.org.au/wp-content/uploads/2019/02/16_4.1-Legal-WEB_FINAL_0.pdf>

3Dfvbenchbook, “Unacceptable Risk And Best Interests – National Domestic And Family Violence Bench Book”, Dfvbenchbook.Aija.Org.Au (Webpage, 2022) <https://dfvbenchbook.aija.org.au/family-law-proceedings/unacceptable-risk-and-best-interests/>

4Dss, “Domestic Violence Laws In Australia”, Dss.Gov.Au (Webpage, 2019) <https://www.dss.gov.au/sites/default/files/documents/05_2012/domestic_violence_laws_in_australia_-_june_2009.pdf>

5 Austlii edu, “FAMILY LAW ACT 1975 – SECT 60Cchow A Court Determines What Is In A Child’s Best Interests”, Www5.Austlii.Edu.Au (Webpage, 2022) <http://www5.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s60cc.html>

6 Legalaid qld, “Family Law Act 1975—Relevant Sections”, Legalaid.Qld.Gov.Au (Webpage, 2022) <https://www.legalaid.qld.gov.au/Find-legal-information/Publications-and-resources/Legal-information-guides/Consent-orders-parenting-orders-and-parenting-plans-guide/Family-Law-Act-1975-relevant-sections#:~:text=Family%20Law%20Act%201975%20%E2%80%94%20Section%2067ZBA,-Where%20interested%20person&text=(b)%20there%20is%20a%20risk,a)%20or%20(b).>

7 Fcfcoa gov, “Family Violence- Lighthouse Project”, Www.Fcfcoa.Gov.Au (Webpage, 2022) <https://www.fcfcoa.gov.au/fl/fv/lighthouse/faq#:~:text=The%20Lighthouse%20Project%20is%20an,identification%20and%20management%20of%20safety>

8 Koegler, Erica et al, ““When Her Visa Expired, The Family Refused To Renew It,” Intersections Of Human Trafficking And Domestic Violence: Qualitative Document Analysis Of Case Examples From A Major Midwest City” (2020) 6(11) Journal of Interpersonal Violence

9 Fcfcoa gov, “Guide For Parties In The Evatt List”, Www.Fcfcoa.Gov.Au (Webpage, 2021) <https://www.fcfcoa.gov.au/fl/pubs/guide-parties-evatt-list>

10 Kirjalainen, Toni and Ulla Valtonen, “41 Digital Technology, Post Separation Violence And Stalking” (2016) 22(Suppl 2) Injury Prevention

Note: Footnotes are not added to this Letter of Advice., but the same will be added in the booked Assignment task.

Order Now
Universal Assignment (October 6, 2022)  [SOLVED] Letter of advice 5126LAW: ASSESSMENT ITEM 3. Retrieved from https://universalassignment.com/solved-letter-of-advice-5126law-assessment-item-3/.
" [SOLVED] Letter of advice 5126LAW: ASSESSMENT ITEM 3." Universal Assignment - October 6, 2022, https://universalassignment.com/solved-letter-of-advice-5126law-assessment-item-3/
Universal Assignment September 23, 2022  [SOLVED] Letter of advice 5126LAW: ASSESSMENT ITEM 3., viewed October 6, 2022,<https://universalassignment.com/solved-letter-of-advice-5126law-assessment-item-3/>
Universal Assignment -  [SOLVED] Letter of advice 5126LAW: ASSESSMENT ITEM 3. [Internet]. [Accessed October 6, 2022]. Available from: https://universalassignment.com/solved-letter-of-advice-5126law-assessment-item-3/
" [SOLVED] Letter of advice 5126LAW: ASSESSMENT ITEM 3." Universal Assignment - Accessed October 6, 2022. https://universalassignment.com/solved-letter-of-advice-5126law-assessment-item-3/
" [SOLVED] Letter of advice 5126LAW: ASSESSMENT ITEM 3." Universal Assignment [Online]. Available: https://universalassignment.com/solved-letter-of-advice-5126law-assessment-item-3/. [Accessed: October 6, 2022]

Please note along with our service, we will provide you with the following deliverables:

Please do not hesitate to put forward any queries regarding the service provision.

We look forward to having you on board with us.

Get 45%* OFF on Assignment Help

Most Frequent Questions & Answers

Universal Assignment Services is the best place to get help in your all kind of assignment help. We have 172+ experts available, who can help you to get HD+ grades. We also provide Free Plag report, Free Revisions at a Pocket Friendly cost, We offer Best Price in the industry guaranteed.

We provide all kinds of assignmednt help, Report writing, Essay Writing, Dissertations, Thesis writing, Research Proposal, Research Report, Home work help, Question Answers help, Case studies, mathematical and Statistical tasks, Website development, Android application, Resume/CV writing, SOP(Statement of Purpose) Writing, Blog/Article, Poster making and so on.

We are available round the clock, 24X7, 365 days. You can appach us to our Whatsapp number +1 (613)778 8542 or email to info@universalassignment.com . We provide Free revision policy, if you need and revisions to be done on the task, we will do the same for you as soon as possible.

We provide services mainly to all major institutes and Universities in Australia, Canada, China, Malaysia, India, South Africa, New Zealand, Singapore, the United Arab Emirates, the United Kingdom, and the United States.

We provide lucrative discounts from 28% to 70% as per the wordcount, Technicality, Deadline and the number of your previous assignments done with us.

After your assignment request our team will check and update you the best suitable service for you alongwith the charges for the task. After confirmation and payment team will start the work and provide the task as per the deadline.

Yes, we will provide Plagirism free task and a free turnitin report along with the task without any extra cost.

No, if the main requirement is same, you don’t have to pay any additional amount. But it there is a additional requirement, then you have to pay the balance amount in order to get the revised solution.

The Fees are as minimum as $10 per page(1 page=250 words) and in case of a big task, we provide huge discounts.

We accept all the major Credit and Debit Cards for the payment. We do accept Paypal also.

Popular Assignments

Plant Production System Assignment Help

The Best Instant Academic Assistance Online Instant Plant Production System Assignment Help for Students Plant production system assignment help students help them understand the various theoretical and practical aspects of the subject. It is an intensive study of the scientific methods of plant production for an effective and economized production

Read More »

Integrated Science Assignment Help to Boost your Grades Immediately

Integrated Science Assignment Help for Students Integrated Science is taught from a high-school level. This consists of an investigative study of physics, chemistry, biology, forensic science, biotechnology, and geology. This is a course that introduces young students to the interconnectedness between all the scientific knowledge. Students require integrated science assignment

Read More »

Top Human Biology Assignment Help from Experts

Ask an Expert for top Human Biology Assignment Help Sometimes, expert guidance with Human Biology assignment help is all you need in order to boost your grades. Universal Assignment Help Service is a top-ranking student-help platform that offers a wide range of services for students. Students can order human biology

Read More »

Aviation Assignment Help from Experts

The Most Trusted Guidance for Students Aviation Assignment Help for All Challenging Problems Aviation assignment help online from the greatest experts can relieve student pressure to a great extent. It is well known that aviation is an extremely challenging stream, as it is, and students have to keep too many

Read More »

Growing demand for Assignment Help in Ireland

The number of multinational corporations choosing Ireland as their regional headquarters is increasing. So more and more students are choosing Ireland as an idle place to take their degrees. But studying in universities and keeping up the pace is not an easy task and getting good marks is not enough

Read More »

Board appraisal report

Weight: 40% Format: 2,000-word written report. Note: All written assessments should be submitted as Word files (.docx) (Word is available from your AIB Office 365 account) Summary Write a 2000-word Board Appraisal Report where you will evaluate an organisation’s corporate governance practices, board structure including committees and board diversity against

Read More »

49102: Traffic and Transportation

Assignment 2: Transport Modelling and Operations Due: 7 October 2022 This is an individual assignment Please answer the following questions and present your work in a report format clearly including your name and student ID on the cover page. Submit a PDF of your report into the Assignment Activity shown

Read More »

ENV3105 Hydrology Assignment 2

Assignment 2 Due date:       04 October 2022 Weighting:   25% (250 marks) 1. Overview This assessment is designed to test your achievement of selected learning objectives of Modules 6 to 9. In particular, the assignment involves estimation of urban design discharges, reservoir routing and water balance. It is intended to reinforce and

Read More »

Assessment 1: The Journal of Biological Chemistry

Guide abstract All cells within the body are bathed in a fluid. The composition of this fluid is tightly regulated to contain specific levels of various ions. Disruption in the balance of these ions can lead to cell death and damaging inflammation. However, standard surgical practice fails to consider these

Read More »

Project 2: Assignment on Scheme

Due: Oct 1, before midnight. This document first provides the aims of this project. It then lists the requirements as explicitly as possible. It then hints at how these requirements can be met. Finally, it describes how it can be submitted. Aims The aims of this project are as follows:

Read More »

Analysis of Rube Goldberg machine

Week 5 homework for tutorial  In week 4 we needed to also look at how many failures we could have to meet our six sigma level – we will also need to look at this for the times for each stage and total time. To effectively put the flame out

Read More »

PROCESS AND PHILOSOPHY OF ENGINEERING

ASSESSMENT BRIEF 3: Calculations Summary Title Calculations Due Date Monday the 3rd of October at 11:59 (NSW) AEST – End of Week 5 Length 1000-word (does not include equations, charts, graphs or tables) Weighting  35% Submission  WORD document submitted to Turnitin Unit Learning Outcomes  ULO 3: apply basic statistical analysis

Read More »

THT3114 Research Proposal

Mini Report Assignment 2 Executive Summary (100- 150 words) This is the summary of your research and thus needs to be completed after you have completed writing your research proposal. This is not counted towards the word count. Mention the key aspects of the research proposal. Separate paragraphs Area of

Read More »

LITERATURE REVIEW – DATA MINING TO RESEARCH PROPOSAL

ASSESSMENT TWO: LITERATURE REVIEW – DATA MINING TO RESEARCH PROPOSAL – DESIGN RESEARCH INSTRUMENT – PRESENTATION) Task Length: Mini Report (750 words) – Research Proposal) Presentation – Not more than 15 Slides –  (Templates Provided for both the mini report and presentation)  Duration of the Video Presentation – Not more

Read More »

Assignment on COVID-19 pandemic in the hospitality industry

Exploring the new health and safety innovative business practice to restore consumer confidence in the COVID-19 pandemic in the hospitality industry Task Length: Report – 2000 words (+-10%) Task Type Individual Due week and submission deadline Week 11 – SUNDAY – 02/10/2022 – 23:59 Value 40%   PART A: On

Read More »

Assignment Help in Israel

Leading assignments help in Israel Israel is known for its high-tech development, innovations, and entrepreneurship, and is home to the best start-ups in the world. Students from all over the world are drawn to this ecosystem of “innovation and development,” which is supported by a robust higher education system with

Read More »

Animal Production System Assignment Help

Animal Production System Assignment Help: Get 100% guaranteed Expert Assistance Immediately Where can you find the best Animal Production System Assignment Help Online?  Animal Production System assignment help online can boost student results while encouraging interest in the field. The hectic schedule of students, along with their burden of various

Read More »

Immediate Calculus Assignment Help from Top Experts

Immediate Calculus Assignment Help from Top Experts Calculus Assignment Help to Boost your Grades Students can now order instant Calculus assignment help on Universal Assignment Help Service in a fast and easy way. Calculus in taught at a slightly advanced stage of school, and can be an exciting subject in

Read More »

Mathematics Foundation Assignment Help

Effective Mathematics Foundation Assignment Help for Students: Order Expert Solutions Immediately Mathematics Foundation Assignment Help for Students Students often require mathematics foundation assignment help for clearing doubts, understanding the derivation of a formula or theorem, or getting urgent solutions to certain mathematical problems. Online mathematics foundation assignment help is extremely

Read More »

Mathematics Application Assignment Help

Top for Students: Order Expert Solutions Immediately for the Best Results Why do students need Mathematics Application Assignment Help? Mathematics Application assignment help can lead students to perform excellently in the subject in a convenient and relaxed way. Many students find it difficult to apply theoretical knowledge in large and

Read More »

The finest assignment helps in Saudi Arabia

Many students dream to study in Saudi Arabia as they offer some of the best facilities, and they boast one of the most spectacular and rapidly expanding higher education systems in the Middle East. So, this should be of no surprise that every year, many international students prefer to register

Read More »

Expert Solutions for the Best Arithmetic Assignment Help Online

Instant Arithmetic Assignment Help for Students Students most often require Arithmetic assignment help online to solve various calculations. Universal Assignment Help Service provides the best solutions to all arithmetic problems for each student. Students simply have to upload their assignment guidelines on their website, and a customized and accurate assignment

Read More »

Assignment help in Cameroon

The Necessity of Assignment help in Cameroon Today management degrees are one of the most prestigious degrees out there and gaining immense popularity, this degree has the most demand in the market as new startups are emerging day by day, and every company needs the best people to run their

Read More »

Assignment Help in South Korea

Difference between a Good vs Great Online Assignment Tutor The e-learning market is growing at a fast rate due to digitalization. This fact causes an increment in the demand for online tutors as students worldwide searches for a suitable solution for online assignment help in South Korea. You might hear

Read More »

Assignment Help in Japan

Outside-The-Classroom Learning Opportunities It is a typical thinking lesson that stands inside the four walls of a classroom. Some educators say the classroom is the abode of learning and knowledge. We cannot prove these statements wrong. However, one thing is certain: they are partially correct. Learning of concepts starts in

Read More »

Assignment Help in Brazil

Why do Students Consider Online Assignment Help in 2022? Academic life is full of ups and downs. Students who experience such a phase struggle to maintain the equilibrium between personal and professional life. It is because of the load of homework, exams, and participation in extracurricular activities. These events cause

Read More »

Assignment Help in Taiwan

What are the Necessities of Assignment Guidance for Students? As technology takes a new turn around, homework assignments become lengthy and complex. This academic work needs lots of core subject knowledge along with proper research to finish it with proper care. Such work is very time-consuming and hectic for the

Read More »

Assignment Help in Hong Kong

Can You Achieve High Academic Results? Every student wishes to get top scores in their exams. Yet it does not happen if you do not get the correct assignment help in Hong Kong from an online tutor. Such support is in the form of tips, advice, hacks, or taking guidance,

Read More »

VU22977 – Practice in a Legal Environment

Advanced Diploma of Legal Practice – 22565VIC PORTFOLIO- CLIENT MATTER FILE Assessment task 1 Prepare a comprehensive portfolio of documents to create a Client Matter File which must include: Element 1 Area of law Cover sheet stating client name and short description of legal matter Client Instruction Sheet, Costs Agreement

Read More »

KIT714 ICT Research Principles: Assignment 1

Practical Qualitative Research Exercise                                                                                                                                         Type:                 In-Semester, Individual Assignment Task Length:   minimum 2,000 words Weighting:     20% of total assessment for this unit Due Date:       Friday 5 August 2022 – 11:55 pm (Week05) Submission:    electronic submission on MyLO (WORD or PDF) Description:    This practical exercise will engage students in a qualitative research

Read More »

Can't Find Your Assignment?

Get Free Assignment

Open chat
1
Free Assistance
Universal Assignment
Hello 👋
How can we help you?