LAW370/LLM570 Assignment

Hank, now 35 years old, married Wilma, now 32 years old, in 2010. They live in Sydney, New South Wales. In 2010 they had a child, Fred. In 2011, Hank, who had been adopted as a child, located his birth mother in Newcastle, New South Wales. Hank had been adopted when he was a newborn baby and he had not spoken to his birth mother until he tracked her down. He also found out at that point that his mother’s father was Aboriginal.  This first nations link is a source of great pride to Hank who had always felt that he was different to his childhood friends. Hank now thought that his sense of connection with the natural environment was explained by his indigenous heritage. He hoped to pass the culture and traditions of his indigenous ancestors on to his son.

However, Wilma is sceptical about Hank’s genetic heritage. Essentially, she thought Hank’s supposed connection to the environment was all in his mind. Wilma was suspicious of Hank’s birth mother and all of Hank’s indigenous cousins that dropped into their home in Sydney without invitation. During the marriage Wilma worked as a registered nurse in a local hospital and over this period she became distant from Hank. She confided in one of the young doctors at the hospital, Rodney, and they formed a strong friendship which eventually became a romantic one. After the relationships became romantic, Wilma told Hank. Although distraught, Hank said to her that he could see it coming. They agreed to separate.

Wilma then moved in with Rodney who told her that next year he will be moving to New York, United States of America, for five years so that he can specialise in paediatrics. Rodney asked Wilma to move to America with him but she replied that she would only move if she could bring Fred. Rodney that he ‘loves children’ and said he would be happy with this. He then advised her that he has a Maori heritage so there are things that he can pass onto Fred about being a member of a minority culture.

When Wilma discussed her plans to move overseas with Hank, he told her that he does not want Fred to leave Sydney. He said that he hoped that Fred would forge a strong relationship with his indigenous grandmother (Hank’s birthmother), and through her, connect to his indigenous heritage. Hank is employed as an adviser to a New South Wales State Government Minister and works long hours. Hank’s adoptive parents live close to Hank’s residence and look after Fred when Hank works overtime. Hank’s adoptive parents share Wilma’s misgivings about Hank’s birth mother.  In fact, they have no time for what they describe as all this black armband view of history and the associated pre-occupation with the past. As far as they are concerned, Fred is a nice little white boy in a white man’s world and we all should move on from past events.

Yesterday, while discussing her future plans with a fellow nurse, Wilma was told that Rodney was arrested for assaulting a patient a few years ago. Wilma was told that the patient was a child, and based on memory, the hospital ‘made it go away’ as an issue. When Wilma asked Rodney about the arrest he told her it was all a misunderstanding about the best practice for physically examining children. There is nothing to it he tells her.

Wilma seeks your advice about her desire to take Fred with her and Rodney to New York. With reference to legal authority, advise Wilma.