Friends around children going through family court

Discussion in 'Family Law Forum' started by Jahree, 13 October 2018.

  1. Jahree

    Jahree Active Member

    2 October 2018
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    hi would be awesome if someone was to help me out with any information or advice on this topic.

    I am a very close friend of someone who has currently been issued a form1 - initiating application and other forms regarding a parenting order.

    I live and usually take care of the children whilst their primary caregiver is at work.usually after school and on rare occasions when the children are not with the other parent

    My question is.. During this whole court process what can the other parent/parties legally request of me as they are now saying I shouldn’t have any contact with the children etc please help
  2. sammy01

    sammy01 Well-Known Member

    27 September 2015
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    so 4 points.
    1. It has has nothing to do with you. Except for point 4...
    2. ATM the other parent can get stuffed. Basically what the primary carer chooses to do when they are unable to look after the kids is their business.
    3. The non-primary carer should be seeking as part of the court orders that there is an order that states if the primary carer cant look after the kids then the primary carer must give them first option. But that isn't in place at the minute.
    4. MOARALITY. See I have been in this situation, even with a court order that said mum had to give me first option to look after the kids if she was busy. She never did. NEVER. There were excuses. It was a play date, it was short notice, she tried calling me. ALL BS. I bumped into the nice lady who was looking after the kids when the ex asked her... I explained I had court orders and I begged. The nice lady said it was usually only for a few hours. I explained that my ex was doing all she could to stop me seeing the kids and a few hours with me is what is in the court orders. She was nice and said, she would ask the ex in the future if she had asked me prior to agreeing to look after the kids... My ex lied to her and she continued to look after the kids and I missed out.

    Butas to your QUESTION "During this whole court process what can the other parent/parties legally request of me as they are now saying I shouldn’t have any contact with the children ". The other parent can legally ask you to understand their position. Read dot point 4. I can kinda almost understand their attitude. Surely one parent should be able to say they don't want their kid hanging out with such and such especially if they would like that time with the kids... But they don't.

    My suggestion. Tell primary carer that you're happy to help out, but would prefer if they asked the other parent first. OR simply tell the primary carer you don't wanna get involved.
  3. Rod

    Rod Lawyer
    LawTap Verified

    27 May 2014
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    In the absence of court orders they could come around and demand their children. The situation could get very messy if you withhold the children from the ex and they involve the police. Much will depend on the attitude of the individual police. With one copper you could have charges laid against you. Get another copper and they might tell the ex to get a court order.

    Sammy's situation is a little different from yours in that he had court orders and didn't enforce the orders.

    Hard to comment on what is best to do as there is too little information about the family's situation.
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