Issue of restraining order services , Business Law and Ethics

Sub: Filing Divorce and Issue of Restraining order services

Dear Kimberly Frederick Bumfree,

Warm Greetings from Donald & Matthews Law firm,

This letter is for your immediate reference, in accordance to your requirement of the two services mentioned below:

a) To file the divorce application with the Family court of Australia, to divorce Christopher Frederick Bumfree

b) To request the Family court of Australia located within the jurisdiction of Byron Bay, the place of your marriage.

In lieu of our expertise in Family law and the authority to provide legal services in the Byron Bay jurisdiction and, we assure you that we will consider your requirement most sincerely. This letter is entirely legal communication, in our mutual pursuit of divorcing Christopher Frederick Bumfree, and hence this is a legal document that we request you to keep safe for your reference. For all further communication with our firm, you are assigned the case no: 2185.

1. Statement of Facts and Circumstances

We on behalf of Donald & Matthews's law firm take a note of the following facts in accordance with our acceptance of case no: 2185 Divorce between Kimberly Frederick Bumfree and Christopher Frederick Bumfree -

Fact no.1: Marriage between Kimberly Frederick Bumfree and Christopher Frederick Bumfree in Byron Bay on 16 October 2000. It is observed that both the parties to the marriage were of legal age, eligible to marry each other before the marriage date.

Fact no.2: Christopher Frederick Bumfree was born on 12 March 1977 in Bega, NSW, Australia and Kimberly Frederick Bumfree was born on 12 January 1977 in Mozerella, Victoria, Canada.

Fact no.3: Christopher enjoyed a fine career span in the television media business, by playing an actor in various Pet food and Male cosmetics advertisements.

Fact no.4: In the consequence, to the said marriage, our client Kimberly Frederick Bumfree, who was working as an actress in the famous reality show, decided to quit her job as an actress. After this decision was executed, Kimberly moved in with Christopher in 27 Jarlesberg Place, Ballina, NSW, Australia which is referred to as the family home, with reference to the case no: 2185.

Fact no.5: In consequence to the matrimonial bond between both the parties Kimberly and Christopher, Kimberly gave birth to two children. Chedda was born on 10 June 2007 and Colby was born on 4 July 2010.

Fact no.6: On 28 June 2011, Christopher decided to break the matrimonial bond and hence he abandoned his family without any stable and solid reason. Christopher told Kimberly, that he is migrating to France to explore his career in the Cheese manufacturing industry.

Fact no.7: After the separation period of six months, approximately 180 days, between both the parties, on December 2011, Christopher decided went back to the family home and Kimberly accepted his decision. Later, Kimberly regretted this decision!

Fact no.8: The commitment made between both the parties on December 2011, remained intact till 12 March 2012, the day on which they mutually agreed to break the matrimonial bond and go their separate ways.

 Fact no.9: Christopher could not move out of the family home effective immediately due to the lack of residential facility. Hence, on the request of Christopher, Kimberly accepted him to stay in the family house, until such time that, he finds himself a place to stay. On 31 May 2012, Christopher finally moved out of the family home and shifted at 6B Camembert Avenue, Lennox Head.

 Fact no.10: Both children are living a judicious life, being duly accepted as part of the family by both parents. They live with their mother, Kimberly for one week and with their father Christopher the next week. The children and both parents have agreed to this arrangement mutually.

 Fact no.11: It is brought to our attention by Kimberly that Christopher is harassing Kimberly by making frequent visits at her work place. Due to this, Kimberly is going through a mentally disturbed phase. We would like to request the court to issue a restraining order against Christopher for Kimberly's well-being.

(French, Justice, Feb 2003).

 2. Client knowledge

a) Filing Fee

The following fees set in accordance with Australian Federal Government regulations apply from 1 July 2012

Sr. No.

Court Services

Fees

1

Application of Divorce

$577

2

Initiating Application (Family Law)

$255

3

Response

$255

4

Setting down for hearing fee (defended matter)

$466

5

Daily hearing fee (for each hearing day, excluding the first hearing day)

$466

Total Fees

$2019





Our Advice

The application fee of $577 is applicable for filing the divorce application with the Australian family court. This fee can be paid by cheque, cash, debit card or credit card; any of these four transactions are acceptable by the court.

We would like to suggest our client Kimberly Frederick Bumfree, that this fee will be shared equally by both the parties, to the said divorce, if Christopher Frederick Bumfree is found guilty of his recent acts of harassment.

In addition, being a single and unemployed parent, it is our sincere request to the Australian family court to consider the reduced fee criteria; this request is made in lieu of Regulation 9 of the Federal Magistrates Court Regulations 2000.

b) Location of application filing

The divorce application shall be posted to the Australian family court address in pursuit of the case hearing date. The application will be mailed by post to the Australian family court within the Byron Bay jurisdiction.

c) Brochure details

We would like Kimberly Frederick Bumfree to consider the following brochure contents for her understanding -

  1. Glossary of legal words (inside front cover)
  2. Step by Step guide (page A)
  3. Helpful information (pages B-J)
  4. Checklist (page K)
  5. The application of divorce (pages 1-7)
  6. Notice of Application (page 8)
  7. Where to file (inside back cover)
  8. Help in other languages (back cover)

d) Advice on separation

Our legal advice to Kimberly Christopher Bumfree is as follows:

  1. We request you to consider a substantial separation period with your husband Christopher. The current separation period is duration of six months.
  2. We will get the restraining order issued immediately within 48 hours for your safety. Our lawyers work around the clock in association with the Australian family court. (Thomas, 2007)

e) What is the latest date Kim can apply for divorce and why?

Kim can apply for divorce on 1 January 2013 after the completion of the stipulated period of one year.

f) Obtaining the most appropriate Restraining Order against Christopher Frederick Bumfree

The most appropriate restraining order against Christopher can be obtained by providing supporting evidence against his visits to Kimberly's office for the purpose of harassing her:

 

1.      We will file a petition in the court mentioning all the details of harassment in the document.

2.      One or more of Kimberly's colleagues will be required to sign the petition working as an alibi in her defense.

3.      We could also use some of the footage from the video recordings in Kimberly's office to prove Christopher guilty of his harassment acts.

4.      In addition to the restraining order, we also request Kimberly to move to a safer place such as her parent's house until we are closer to the case hearing day.

3. Summary of the detailed advice

For the knowledge and understanding of Kimberley regarding the divorce application procedure with Australian family court, the highlights of the procedure are mentioned below:

1. Completing the application form and submitting it to the magistrate's office, after signing it to swear or affirm. One of our lawyers will also be present as witness affidavit to your state or territory.

2. Photocopy and store the documents for further reference.

3. Receive the hearing date and documents.

4. Attend the hearing.

5. Outcome of the hearing.

Posted Date: 3/8/2013 4:31:39 AM | Location : United States







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