Aussie Childcare Network Forum

i have a case study that im not to sure about,

il narrow it down and just put the basic points

there are two children Evan 4 and rebecca 2. both parents signed the enrollment form,
the parents have now split although they had drawn up a formal parenting plan which lists both parents as eligible carers.

one day the mother confides in you that she is in a new relationship. Her new partner cares about her and the children and wants them to become a stable family unit. she asks that you dont allow the childrens father to pick them up from care, but to only ley the children go with her or the new partner.

so far this is what ive got please correct me if im wrong

1. what are the parents legal rights ?
As both parents are listed as eligible carers they are both entitled to be able to pick up the child unless the court rules otherwise.

also im not to sure would both parents have to agree on the new bf picking up the child or is it ok if the mother only says its ok ?


2.what are your legal responsibilities with regard to the mothers request?
( not sure about this one help please)


3. name 3 state legislations and/or regulations that would guide your actions in this situation? what particular sections of the regulations/ legislation would be relevant ?

4. what is your duty of care responsibilities to this family ?

and last of all would it be appropriate to tell the other staff about the family's situation ?

help with these questions would be greatly appreciated
kind regards joanne

Hi Jo,

Just reading through the Children's Services Regulation 2009 and it states the following:

(1) The proprietor of a children's service must ensure that a child cared for or educated by the children's service is not given into the care of any person other
than—
(i) a parent of the child; or
(ii) a guardian of the child; or
(iii) a person who has lawful authority to collect the child from the children's service
(iv) a person who is authorized by the child's parent or guardian or a person who has lawful authority to collect the child;

From the response you posted for Q1, you are right both parents are able to collect the children unless a court order has been put into place which clearly identifies which parent can collect the children from the service. Also, for your second point, if the mother authorizes the new bf to pick up the children then I think that should be fine. Although she would probably have to include his name and details etc on the "authorized to collect child" form. I'm not too sure if both parents have to agree to this... From what I know if the bf is listed to collect the children then it should be ok.

In regards to the legal responsibilities you cannot stop the father from picking up the children unless there is a court order so you will probably have to decline this request unless the mother wants to go to court. Also, the mother will have to put the bf on the authority to collect child form. This means that she is giving permission for the children to be taken into his care when he picks up the children from care.

As per your duty of care responsibilities you need to ensure the safety of the children and also make sure that the mother has followed the correct policy and procedures for authorizing the bf to pick up the children. You should also make it clear that you are unable to stop the father from collecting the children as well.

Finally yes, all staff should be made aware of the family's situation as I'm sure different staff will be on different shifts and need to know what is going on and who is or isn't able to collect the children.

Hope This Helps!

Cheers ,
L.A

Thankyou so much L.A this really helped alot !
you are a lifesaver

i also have trouble answering these questions!wondering if i could get some guidelines on how to answer questions 3,6,8,9,10!iam new to this field of work!!!!!