KENNETH KAUNDA METROPOLITAN UNIVERSITY

OFFICE OF THE REGISTRAR

Main Campus, Plot No. 110A/6/R.E Chishango Road, P O Box 32697, Villa Elizabetha, Lusaka, Zambia,
Phone: +260-965-943695; Email: registrar@kkmu.edu.zm; kkmu2012gmail.com

FAMILY LAW ASSIGNMENT

DATE GIVE 20TH AUGUST 2011 DUE DATE 3RD OCTOBER 2022 TIME 16:30
LECTURER: DR VICTOR CHANZA

Penny comes to you for advice. She explains that she has lived with her partner, Sophie in a committed
same-sex de facto relationship for 2 years. Just before they commenced their relationship, Penny had
given birth to her daughter, Hannah. Hannah is now aged 2½ and was conceived through IVF (in-vitro
fertilization) treatment using sperm donated by Penny’s long-term friend, Tom. On the birth certificate,
Penny is registered as the mother and Tom as the father. Penny and Tom had an oral agreement that
he would provide his sperm and would be involved after Hannah’s birth, visiting her regularly and
providing financial support. Sophie has a daughter from a previous relationship, Alexandra aged 4.
Unfortunately, Alexandra’s father died of cancer last year. Penny explains that Tom always wanted
children but, as a gayman, it was difficult for him to have a child. Since Hannah’s birth, Tom has
regularly visited her and made regular deposits to a bank account in Penny’s name to assist with expenses
for Hannah. After the commencement of Penny’s relationship with Sophie, Alexandra was
included in the visits. Tom has been visiting once a week and often takes the girls on outings at other
times, such as for walks and to the park. Tom increased his financial support payments to
cover both girls and paid them into Penny and Sophie’s joint bank account. Penny tells you that the girls’
relationship with Tom has been a source of conflict between herself and Sophie. Sophie and Tom
do not have a good relationship and Sophie was continually asking Penny to cease the visits.
Penny works full-time as a lawyer and Sophie had worked full-time as a hairdresser before moving in
with Penny. The couple had agreed that Sophie would work part-time and care for both girls, as Penny
works long hours as a discrimination lawyer. Sophie attends too many of the girls’ day to day needs and
to most of the cooking, housework and general management of the household. Penny tells you that
Sophie became very resentful that she was undertaking much of the care for the girls and had to organize
her days around Tom’s regular visits. Sophie became so annoyed, and the conflict between Penny and
Sophie was so high, that 3 months ago Penny advised Tom he could no longer come and visit Hannah and
Alexandra. She also told him that she and Sophie wanted to co-parent the girls without his
involvement. This led to a Family argument and Tom became very angry and upset. Tom had
planned to take the girls out for a walk that day. He tried to come through the front door to grab Hannah
and Penny stepped out to block his entry. Tom tried to push past, and Penny fell to the ground, injuring
her wrist. Penny went to hospital and had sustained a broken wrist. A neighbour called the police, and the
police took out a domestic violence protection order against Tom. Tom has consented to a final
protection order being made against him. The Protection Order says that Tom must be of good behaviour
and not commit domestic violence against Penny. It also states that Tom must be of good behaviour and
not commit domestic violence against Sophie, Hannah and Alexandra, as they are named persons on the
order. The order sets out that Tom is not to come within 200 metres of Penny’s home, but it does not
prevent Penny and Tom from coming into contact at other places. Penny tells you that, since the incident,
Tom has been repeatedly messaging her demanding to spend time with the girls, but she has been
ignoring his messages. Penny has received a letter from Tom’s lawyer stating that he is wanting to spend
weekly time with Hannah and Alexandra. It proposes that initially he take the girls to his house
from9am-12 noon every Saturday. It also proposes that time gradually increase in the future arriving at
an equal time week about arrangement with both girls, once Hannah starts schooling Prep year. The letter
states that Tom wants equal shared parental responsibility and is seeking that the girls be brought up in
the Catholic religion and attend St Sebastian’s, a private coeducational Catholic school at Yeronga. The
letter advises that Penny has 7 days to respond, or the lawyer will file an application for parenting orders
in the family court. Penny is very upset by the letter. Penny and Sophie want to co-parent Hannah and
Alexandra without the complications of Tom’s involvement. They don’t want to consult him about any
decisions as they consider that he was the sperm donor for Hannah and is not Alexandra’s father. Penny
considers that Tom should not be able to dictate what religion the girls are brought up in or what
school they attend. Penny explains that she and Sophie are not religious, they are both atheists
and strongly oppose the girls being brought up in the Catholic religion, due to the Church’s opposition to
same-sex relationships. They want the girls to attend their local state school as they believe this would
provide them with a broader and more inclusive education and friendship group. Penny is also
concerned about the incident where Tom lost his temper and pushed her over leading to her broken wrist.
She is anxious that Tom may lose his temper with the girls and that they could be in danger in his care.
She does admit to you that the girls miss Tom and often ask her whether they can see him, but she has
told them that he has, “gone away on a really long holiday”. She admits that they enjoyed his visits in the
past as he is very good at interacting with children.

Advise Penny in relation to Tom’s prospects of success in seeking orders from a family court as set out in
his proposal.