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

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paulie

Active Member
7 September 2014
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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)?
 

rebeccag

Well-Known Member
8 April 2014
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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?
 

paulie

Active Member
7 September 2014
10
0
31
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?
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
 

Sarah J

Well-Known Member
16 July 2014
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Melbourne, Victoria
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.
 

paulie

Active Member
7 September 2014
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0
31
The children are 2.5 and 1 dont i have a right ti look after my kids while the mum is in hospital
 

Sarah J

Well-Known Member
16 July 2014
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2,389
Melbourne, Victoria
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?
 

AllForHer

Well-Known Member
23 July 2014
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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.
 

Sarah J

Well-Known Member
16 July 2014
1,314
251
2,389
Melbourne, Victoria
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?