Family Law Court Custody Orders, Parenting and Consent Orders, Recovery Orders, etc. - any discussions/questions to mums regarding Family Law or Magistrates Court Orders in here!
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Hi there, Just wondering if my two kids will be made to live with my ex-husband of 6 years if I die. He is mentally ill, alcohol dependent, on a disability pension plus earning $ at night playing music. He has never had the kids fro more than 12 hours and both kids now hate spending time with him as he reeks of booze and cigarettes and then they smell.
I contacted a trustee company to ask if I can nominate a guardian instead of their father and their response was unhelpfully that it will be up to the courts. Can't I have my wishes in my will that my 2 NOT live with him. He cannot even look after himself but will deem this a betrayal if he found out.
Good question and this is also a concern of mine. My ex-husband is a heavy drinker and smoker too and it would awful if my daughter had to live with him. I guess what works in my favour and I hope that the courts look favourably on too, is that he is an absent father who has made no contact with his daughter in six years and has fled interstate. I assume if I die, my daughter would live with my sister since she sees her regularly and they have a close bond. I do not think my parents would be able to take her in as they are elderly. Of course, if I ever re-marry that could change things again too.
Make sure that you have a VALID Will & state your wishes clearly. Also make sure that the person/s that you nominate for guardianship is / are willing & capable of taking this on if the unfortunate circumstance ever arises.
I have similar experience to share and have endeavoured to get this sorted out and investigated and will share with you what I have so far found out
firstly ( my child's father is not in the picture and refuses to step up to be a dad and hasn't even informed his own mother he has a child )
My parents are abusive towards myself and I have their ONLY Grandchild - My younger siblings cannot have their own children ( adoption would be their only chance of ever having children or surrogacy )
I had my child baptised and named 2 people as the guardians of my beloved son both of them independant of each other but have asked they share the care
I have had a Last will and testament drawn up and named them as the guardians of my Son again with the split care between them
I contacted the community lawyer to discuss this about my parents challenging my will ( and they will challenge it make no doubt about that )
so I'm informed that first they will try and find the Dad but Dad is not named - so they will then look to next of Kin and will AUTOMATICALLY not take my Last will and Testament into account which leaves me so do the next step . . I need to take both named persons ( guardians ) to court for a brief hearing ( very civil ) . . it is where I ask the judge to grant and award sole custody of my son to my named guardians ( who are present here with me today and on opposite side of the bench ) . . the judge will ask me WHY ??? and I can choose to be as deteailed as possible all the abusive I have suffered as a child from parents and why my parents should not under any circumstances been awarded custody of my only child . . if he is satisfied with my answers provided - he will then ask the two named guardians - all manner of questions pertaining to the care of my child -
are they prepared to take on the roll ? can they provide a stable home ? are they financial enough ? how do they know me . . do they have a current relationship with my child ? etc etc ( photos of them having interaction with my child also helps ) . . etc etc - Judge ( depends if he / she is in a good mood and not vindictive and decides to call in my parents to get their side of the story ) but otherwise a straight case where the judge makes this order and it gets included in the last will and testament and comes into effect at the time of my demise ( death )
as long as both guardians know where to find a copy of your will and testament and can get it to the court to get it enacted etc and present the custody order . . this is how to get your child taken care of
finding such guardians that you infinately trust is the key to success here