Assignment Title

Advise Peter on his current position and parental rights, and whether he can have a say in both the hospital surgeries and Joe’s ability to seek guardianship after marrying Olivia.

Question 1

Peter and Olivia were previously in a relationship for 5 years. During the relationship, they had a child together, Daniel, who is almost 3 years old. The couple did cohabit for a year and a half, but the relationship broke down and they ceased cohabiting a month before Daniel was born. Peter is a good father and despite the acrimonious break up with Olivia, he has never formally sought guardianship or access but sees Daniel every weekend and has partaken in the big decisions of Daniels life with Olivia.

However, recently Daniel has become sick being hospitalized on several occasions. The doctors have advised Peter and Olivia that Daniel has an illness that is causing him pain. They outline a series of surgeries that could be conducted but there is no certainty that they will be successful and look for their consent on whether to go ahead with the surgeries.

Olivia is very in favor of the surgeries and wants to try anything which may elevate pain even if there is no guarantee of success. Peter does not want the surgeries conducted as he does not want to put his son through any more pain and refuses to consent to the surgeries. Olivia then informs Peter that as he is not a guardian, she does not need his consent to go ahead with the surgeries.

Olivia also advises Peter that her Partner, Joe, whom she and Daniel have been living with for the last year, has gotten engaged and that Joe intends to seek guardianship after the wedding in 2 years.

Question 2

The constitution provides extensive protection to the family, outlining it as the “natural primary and fundamental unit group of Society”. However, traditionally the scope of the constitutional family was very limited.

With reference to the above statement discuss the significant protection provided to the constitutional family and outline the development in its scope.