LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

SA Who Looks After Children While Other Parent is in Hospital?

Discussion in 'Family Law Forum' started by paulie, 7 September 2014.

  1. paulie

    paulie Active Member

    Joined:
    7 September 2014
    Messages:
    10
    Likes Received:
    0
    Hi. if a mum or dad who are separated have to go to hospital for an operation, should the other parent have the right to look after the kids until that parent comes out of hospital even though it says that the children reside with the parent who is going into hospital ( custody of children)?
     
  2. rebeccag

    rebeccag Well-Known Member

    Joined:
    8 April 2014
    Messages:
    147
    Likes Received:
    34
    G'day @paulie
    Are there consent orders, parenting order or agreement in place? If so, what does it say in relation to anything like who cares for the children, who the children have contact with, sickness of other parent, etc?
     
  3. paulie

    paulie Active Member

    Joined:
    7 September 2014
    Messages:
    10
    Likes Received:
    0
    Just that the kids reside with my ex but there is no custordy orders in place yet and that i see them every tuesday and thursday and thats the day my ex goes into hospital i just want to know do i have the right to look after them untill she is out of hospital
     
  4. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    Hi Paulie,

    As long as the children and the other parent agree, there should not be a problem. If, due to some unforeseen circumstance such as one parent falling ill, you cannot fulfil the consent order or agreement previously agreed upon, as long as you made reasonable efforts to fulfil it, it is okay to deviate from the agreement.

    This is more so the case where you do not have any consent orders or custody agreements in place.

    I would suggest writing this temporary arrangement down in writing, dated and signed. In brief, it should be perfectly fine to have one parent look after the children, contrary to agreement, if the other parent is not able to.
     
  5. paulie

    paulie Active Member

    Joined:
    7 September 2014
    Messages:
    10
    Likes Received:
    0
    The children are 2.5 and 1 dont i have a right ti look after my kids while the mum is in hospital
     
  6. paulie

    paulie Active Member

    Joined:
    7 September 2014
    Messages:
    10
    Likes Received:
    0
    I was this by her lawyer
     
  7. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    Hi Paulie,

    What grounds does the lawyer give for this? Is there someone equally competent that you trust looking after your children while their mother is in hospital?

    What is the basis of your custody agreement? Is it merely verbal? Is there something written down? If so, what does the agreement say about when one parent cannot, for whatever reason, look after the children at the agreed allocated time?
     
  8. paulie

    paulie Active Member

    Joined:
    7 September 2014
    Messages:
    10
    Likes Received:
    0
    It just says that the kids reside with her
     
  9. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    I'm a bit confused about what is happening here in regards to orders - there are no 'custody' orders in place, but there is something that says the kids live with mum...? Bit unclear.

    But your question about your 'right' is fairly simple: you don't have an automatic right to care for the kids while mum is in hospital.

    That doesn't mean you are expressly excluded from being able to care for the kids, it just means you need to negotiate it with the mother.
     
  10. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    Hi Paulie,

    What says the children reside with the mother? Also, residing and custody time frames are very different things.

    What is the written agreement that allocates the children to the mother?
     

Share This Page

Loading...