Family Law Problem Question: Child Arrangement (Private Law)
Question:
Kim and Kanye separated twelve months ago after ten years of marriage. They have
three children, sons West (aged 12) and Blessed (aged 8), and daughter Poem (aged
3). Kim has come to you for advice about arrangements for the children. Kim thinks
that they should live with her and only have limited, supervised contact with Kanye. Kanye,
on the other hand, wants the children’s time to be split evenly between himself and Kim.
Since the separation the children have all been living in the family home with Kim and
visiting Kanye for one day (usually on a Saturday) every two weeks.
Kim is concerned that Kanye is a bad role model for the children. He is the lead singer
of a successful band, is often away on tour, and regularly drinks alcohol and take drugs.
During their marriage, when confronted by Kim about his behavior and lack of commitment
to the family, Kanye occasionally slapped Kim across the face, verbally abused her and threw
items of furniture in a tantrum. Even now, when Kim takes the children to Kanye’s house for
weekend visits, he swears at her in front of the children.
Kim started to take the children to weekly services at the local evangelical Christian church
shortly after she and Kanye separated. She finds it a peaceful and supportive
environment, and a more positive influence on the children. She has also developed a
strong relationship with a work colleague, David. David is a recovered drug-addict who has
two children that were taken into care five years previously due to his and his
former partner’s inability to care for them. There were also allegations, which were never
proven, that David sexually abused his daughter. David has developed a good
relationship with Kim’s children and sees this new relationship as a second chance to
make amends for his previous parenting mistakes.
Kim wants to maintain the current care and living arrangements and limit Kanye’s contact
with the children to one day every month. She wants her and David to be personally
present during any visits because of her worries about Kanye’s substance abuse and
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, his temper. She also wants to baptise the children as Christians in the evangelical
church. She knows that Kanye, who is an atheist, will object to this.
Kanye admits that he drinks and takes drugs and occasionally loses his temper, but strongly
denies ever hitting Kim. He also strongly objects to the children being baptised as
Christians and has raised concerns about David being around the children given David’s
history of neglect and the allegations of abuse.
West is growing increasingly angry with his mother for starting a new relationship with
David and wants to go and live with Kanye. He also has no interest in being baptised.
Blessed misses her Dad but is happy with the current arrangements. Poem cries
uncontrollably and clings to her mum every time Kim takes her to visit Kanye.
Kanye insists that if he is given more time to spend with the children, they would develop a
much stronger relationship which would benefit them all. If granted more equal care, he
would reduce the amount of touring he does with the band and focus more on the
children’s needs.
Advise Kim and Kanye as to what arrangements might be put in place with respect to the
children’s living arrangements, care and baptism, and what factors might be taken into
consideration.
2
Question:
Kim and Kanye separated twelve months ago after ten years of marriage. They have
three children, sons West (aged 12) and Blessed (aged 8), and daughter Poem (aged
3). Kim has come to you for advice about arrangements for the children. Kim thinks
that they should live with her and only have limited, supervised contact with Kanye. Kanye,
on the other hand, wants the children’s time to be split evenly between himself and Kim.
Since the separation the children have all been living in the family home with Kim and
visiting Kanye for one day (usually on a Saturday) every two weeks.
Kim is concerned that Kanye is a bad role model for the children. He is the lead singer
of a successful band, is often away on tour, and regularly drinks alcohol and take drugs.
During their marriage, when confronted by Kim about his behavior and lack of commitment
to the family, Kanye occasionally slapped Kim across the face, verbally abused her and threw
items of furniture in a tantrum. Even now, when Kim takes the children to Kanye’s house for
weekend visits, he swears at her in front of the children.
Kim started to take the children to weekly services at the local evangelical Christian church
shortly after she and Kanye separated. She finds it a peaceful and supportive
environment, and a more positive influence on the children. She has also developed a
strong relationship with a work colleague, David. David is a recovered drug-addict who has
two children that were taken into care five years previously due to his and his
former partner’s inability to care for them. There were also allegations, which were never
proven, that David sexually abused his daughter. David has developed a good
relationship with Kim’s children and sees this new relationship as a second chance to
make amends for his previous parenting mistakes.
Kim wants to maintain the current care and living arrangements and limit Kanye’s contact
with the children to one day every month. She wants her and David to be personally
present during any visits because of her worries about Kanye’s substance abuse and
1
, his temper. She also wants to baptise the children as Christians in the evangelical
church. She knows that Kanye, who is an atheist, will object to this.
Kanye admits that he drinks and takes drugs and occasionally loses his temper, but strongly
denies ever hitting Kim. He also strongly objects to the children being baptised as
Christians and has raised concerns about David being around the children given David’s
history of neglect and the allegations of abuse.
West is growing increasingly angry with his mother for starting a new relationship with
David and wants to go and live with Kanye. He also has no interest in being baptised.
Blessed misses her Dad but is happy with the current arrangements. Poem cries
uncontrollably and clings to her mum every time Kim takes her to visit Kanye.
Kanye insists that if he is given more time to spend with the children, they would develop a
much stronger relationship which would benefit them all. If granted more equal care, he
would reduce the amount of touring he does with the band and focus more on the
children’s needs.
Advise Kim and Kanye as to what arrangements might be put in place with respect to the
children’s living arrangements, care and baptism, and what factors might be taken into
consideration.
2
