My ex-husband and I have family court orders in place that state he has custody of children from when school finishes on Friday. Who is legally responsible for the children after school on his custody weekend under Family Law?
The orders say that the children will spend time with their father each alternative weekend from after school Friday until their designated pickup time on the Sunday. For various reasons since the orders were made, I have had to look after them after school until he can be there, which has sometimes been up to an hour after school finishes. He has been able to be there on time for the past term, earlier in some instances, but when I said I will not be able to be with the children for the next pickup as I have to be elsewhere, he told me I am liable for them until he turns up.
Day-to-day decisions are the responsibility of the parent with whom the child is spending time, so if that time commenced after school, it's the father's responsibility to organise alternative arrangements for the kids, such as after school care, if he's unable to care for them at that time.
If he was collecting the kids from you, rather than the school, they would be your responsibility until the father picks them up.
With that said, this isn't really a legal dispute the court would want to determine. This is more of a general parenting issue, but it is fair to expect the father to organise care arrangements for them if they're supposed to be in his care at that time.
Thank you. I have had as much said by others but he likes to play mind games constantly so I just wanted to get a legal feel for the whole thing. I have always waited with the kids but haven't been able to on one other occasion besides this one and he managed to stress me out over that one too - hence my name "overit"!!!