When children are ill and there is a court-ordered visitation schedule in place, the situation often requires delicate handling to ensure the well-being of the child while respecting the court’s decision. Under the law you can breach the court orders as long as you have a reasonable excuse for doing so and the breach occurs for no longer than is absolutely necessary. A sick child is a reasonable excuse. Below is a general guide to navigating such circumstances:

Communicate Promptly

It is essential to immediately inform the other parent about the child’s illness, providing clear details about the symptoms, diagnosis (if available), and any recommendations from the healthcare provider. Transparency is key to fostering a cooperative approach.

Review the Court Order

Read what the orders say about visitation and assess whether there are provisions for emergencies or modifications due to health concerns. Some court orders specifically address situations involving a child’s illness.

Seek Medical Advice

If the child’s doctor recommends rest or limited activity, this medical advice should be shared with the other parent. Written documentation from the healthcare provider can support any decisions to alter the visitation schedule temporarily.

Discuss Adjustments

In cases where the child is too sick to be transported, both parents should discuss alternative arrangements. This could include postponing the visit or allowing the visiting parent to spend time with the child in the current residence to avoid unnecessary movement.

Prioritize the Child’s Health

The child’s health and comfort should remain the foremost priority. If the illness is severe or contagious, preventing exposure to others may be necessary, which might limit visitation temporarily.

Involve your lawyer if Necessary

If disagreements arise concerning the visitation schedule due to the child’s illness, it may be wise to consult a legal professional. They can provide guidance and ensure that any changes align with the court’s directives.

Document Everything

Keep a record of all communications with the other parent, including discussions about the child’s health and any agreed-upon changes to the visitation schedule. This documentation can be helpful if disputes or legal questions arise later.

By adhering to these steps, parents can navigate the complexities of court-ordered visitation while prioritizing the well-being of their child. This approach fosters a sense of collaboration and mutual respect, even in challenging circumstances.

Other options:

• Engage a Parenting Co-Ordinator
• Use a parenting app to communicate, instead of sms. Some apps have ‘tone meters’ and can advise you to re-write a message if it seems inappropriate and what you’ve written won’t help the ongoing conflict.