QLD Issues with Child Care for Child with Autism - Help?

Discussion in 'Family Law Forum' started by JadeGoldCoast, 13 September 2018.

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  1. JadeGoldCoast

    JadeGoldCoast Well-Known Member

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    Hi all,

    Looking to pick a few brains. As of next weekend, my partner's child will be in our care from Friday 5pm until Monday 5pm. The child is currently enrolled in a child care and is booked to attend this day.

    My partner starts work at 6am and the child care opens at 6.30am and so we had planned for me to drop the child off and my partner to collect him from child care on the Fridays. However, the mother is currently refusing to allow my myself (or anyone else) to become a nominated person to drop off the child.

    To avoid this issue we have asked to enrol the child under my partner's name on this day as the child is legally in our care - the child care are refusing to do this unless the mother agrees. We have requested an email from the child care to explain the situation so we can inform the courts at our next court date, to request an order to fix this issue, however, the child care do not wish to be involved or send us anything in writing.

    The simple answer is to enrol the child into a different child care on this day (which is what we now plan to do). However, the child has been diagnosed with Autism or ASD and we feel attending two different child care centers is not in his best interests.

    Any help?
     
  2. Migz

    Migz Well-Known Member

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    After going through a similar experience to yours above and having to deal with an irrational daycare director at the time. I took it to the department only to receive this response, which goes to show that in Queensland daycare centres pretty much do what they want...but feel free to contact them and see if they can help,Assessment and Quality Improvement Early Childhood and Community Engagement Department of Education and Training and
    the daycare must provide you with their legislation that they have in place regarding pickups/drop offs, so that you can counter act it with well written court orders.




    "Thank you for your email of 24 August 2017 seeking information about whether there is a standard procedure for signing children in and out of education and care services in Queensland.

    While there is no standard procedure that services must follow in relation to signing children in and out of a service, the Education and Care Services National Regulations set out a range of operational requirements for early childhoodeducation and care (ECEC) services that address this issue.

    Policies and procedures

    Under the National Regulations (Regulation 168) all ECEC service providers must have a policy and procedure that clearly sets out the procedural requirements for the delivery and collection of children being educated and cared for at the service.

    It is worth noting however, that while all services will have a policy and procedure in place the actual practice may vary across the sector. This is because all services are unique with policies and practices that often reflect the specific needs of the children in their care and their families.

    Signing in and out and attendance records

    In addition, under the National Regulations (Regulation 158(1)) services are required to maintain an accurate record of child attendance which:

    • records the full name of each child attending the service
    • records the date and time each child arrives and departs; and
    • is signed on the child’s arrival and departure by either the person who delivers or collects the child, or the nominated supervisor or an educator at the service.

    Collection of children from premises

    Finally, the National Regulations (Regulation 99) stipulate that a child may only leave an ECEC service if the child is given into the care of a person who is a parent of the child or an authorised person named in the child’s enrolment record. Please note however, an authorised person does not include a parent who is prohibited by a court order from having contact with the child.

    ECEC service enrolment forms should therefore maintain detailed written information about any person authorised to collect a child, including the person’s full name, address, telephone number and relationship to the child. The service should also ensure it is familiar with the authorised nominees listed on a child’s enrolment form and use a verification procedure, such as a driver’s licence check, to confirm the identity of the person before releasing the child into their care.

    I hope this information is helpful but if you would like to discuss the matter further, please contact us on telephone (07) 3034 5007."
     
  3. JadeGoldCoast

    JadeGoldCoast Well-Known Member

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    Thanks for your response Migz, I can't believe something so simple is such a hassle! I'm currently waiting on a call back from the early childhood information service from the Queensland Government to seek some advice - but thought it would be the case that the centers can make up their own rules. I just find it really strange that they will not put this issue into writing for us? They said they don't want it to come back on them?

    We will make sure to email them requesting their exact policy and procedure so we can apply for relevant court orders, it's just a shame that we are not back until December and the child will have to attend two child care centers until then.
    Trying to find a positive in things, I guess at least this will show the courts the mother's true colours.
     
  4. sammy01

    sammy01 Well-Known Member

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    Do you have consent orders or court orders?
    By the sounds of things you do?
    Anybody can drop a kid off at child care.... Fair enough that they don't let some random person take a kid away from child care.

    So my thoughts, email the ex - well get your partner to do it.
    Dear ex,
    If you're having issues with me having my partner drop off the child at day care I would like to offer a few solutions.
    1. You accept that while you don't like it, the reality is it is a necessity at this point in time.
    2. I drop the child off at your house at 5.30am.
    3. I take the day off work each fortnight. Please be advised that this will reduce your child support.

    Please let me know which is your preferred option.

    go on dare ya
     
  5. LouiseThomas

    LouiseThomas Well-Known Member

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    Oh I love Sammy's idea. I'd be doing that.


    Also, she has no right to dictate anything that happens in your partners time with his child.

    So there has to be someone nominated to drop off? That's odd.

    You know what else I would do? I would just do the two day care centres (if mother doesn't start to be normal you have no choice) and then during court you can point out how the mother ignored the best interests of the child due to wishing to control things on your partners time. It will make her look pathetic as of course it would be way better for the child to have the same day care centre.
     
  6. LouiseThomas

    LouiseThomas Well-Known Member

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    Hold on......the child is ASD?

    Wow. We all know how kids with ASD cope with change and routines. That's horrible.

    But as I said before do what you are doing and send the email as Sammy said. Let her continue to make her bed.
     
  7. sammy01

    sammy01 Well-Known Member

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    ok so the kid has ASD... Big deal. And the routine will soon become - this child care this day and that child care the other. No need for cotton wool around this kid... I read an interesting article about a Dr whose son was autistic... instead of sticking to strick routines he went the other way... him and the kid travelled through Africa for 6 months. No routines - different bed every night... Crazy different food. But the guy reckoned it forced his son to broaden his capacity to cope with change...
     
  8. LouiseThomas

    LouiseThomas Well-Known Member

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    Depends on how they function though Sammy. The weird thing is the mother isn't considering that for her own child which I find really strange.
     
  9. JadeGoldCoast

    JadeGoldCoast Well-Known Member

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    Thanks for all of your advice! My partner has already agreed last week to change the change-over location from the police station to the child care and the ICL was included in these emails between him and the mother's lawyer. So I don't think we are in a position to suggest dropping the child at the mother's house - although I like the way you think Sammy. Plus, my partner's work is currently making a lot of workers redundant so taking one day off a fortnight would not really be possible as my partner's doing what he can to keep his job. Our previous emails did express that dropping the child to kindy himself would cause strain on his job but to be honest I think that would make the mother happy.

    We have contacted the mother's lawyer again yesterday asking if the mother would allow my partner to enrol the child under his own name every second Monday, otherwise the only option is to enrol the child in a second child care and that we do not feel this is in the best interests of the child and will be discussing our concerns with the child's psychologist next week. We CC'd in the ICL too... not sure if that was the best idea to be honest, but she had already been included in correspondence regarding this issue up to this point.

    I'm not at all surprised about the mother's attitude. She has always put herself before her child. I am surprised however that even with a lawyer she is behaving this way. The main reason we are concerned is that the child hasn't been socialised by the mother and has only been attending child care for a month or two, and at 4.5 years old he is still adjusting to the change. It just feels so soon to be moving him to a new location for only one day when he knows his teachers and is beginning to make friends. But hopefully it will be good for him like Sammy has suggested.
     
  10. sammy01

    sammy01 Well-Known Member

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    I'd would not shy away from mentioning him trying to change his work arrangements, however, this is likely to impact on child support. Look you just have to find ways to play the mum...
    Plan B - ignore her.
    How long have you been on the scene?
    I don't think the mum can refuse.. While the kid is in dad's care, it is dad's call... Shared parental responsibility.... They have to discuss major long term issues.... But the day to day stuff like dropping off kids... NOPE, none of her business.
    Just ignore and keep doing what you're doing... Good luck to her if she witholds based on that... She'll get her arse kicked in court.
     
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