help in the ILAC method with case law included.

Hong is also a new client. She tells you that she and her partner, Kien, separated two years ago. So far, everything has been reasonably amicable, although for the first year after separation, Hong did not want to see the children very often. They haven't made any long-term plan in relation to the children. Earlier this year, they tentatively (and verbally only) agreed to an arrangement whereby the children, Jason (aged 15), Milly (aged 7) and Grace (aged 5) will live with her but spend two nights a week with Kien. This happens most weeks but Kien has cancelled at the last minute several times. They also agreed to share the school holidays equally but because of Kien's work commitments he has not taken the children at least twice when he was supposed to and only had them for one week in the last Summer holidays. Hong says that things have been going reasonably well this year, but she is concerned as to whether she should obtain some Court orders to give her certainty about the children. As they are not married, she is unsure as to which Court would hear any dispute. Hong says that a few weeks ago she was talking to Kien about locking into a formal arrangement that more realistically reflected his work commitments. Kien said to her 'You should be happy with what we have. If you take me to Court and try to reduce the time I have with the children through our agreement, you would be seen as an interfering parent. That will go against you'. Hong has been thinking of moving with the children back to Brisbane where her parents and extended family live. She mentioned it to Kien once last year and he said, 'You can't move without my permission'. She wants to know if this is true and if Kien could stop her moving. Hong does not get on with Kien's parents. She says they always take Kien's side. She says that Kien's father is very strict and the children are scared of him. Years ago, Kien told her that his father had been violent towards him as a child. The children have always regularly visited their grandparents and have stayed with them from time to time for a night or two but have told her they did not like it. Recently, Kien's father said to her, 'Kien told me you might be moving. We will we can to stop you. You can't take our grandkids away. We are entitled to time with them. It's in the law'. Again, she wants to know if there is any truth to this. Hong says that 20 years ago, when they started going out, Kien was a heavy drinker and would sometimes get violent. She says that he changed his ways shortly after they started going out rarely drank. He has not acted violently since. However, she is now concerned that a court dispute might trigger past behaviour and wants to know what happens if Kien becomes violent toward her or the children in terms of how the Court takes such things into account in deciding parenting arrangements and how it might impact on the process.

Finally, Hong says that she has gone back to using her maiden name and wants to know if she can also have the children known by her maiden name.

Advise Hong