Ask a Lawyer is a public chat forum, where you can ask lawyers for very general information. Because it is public, your questions, comments, and responses are not confidential. Please contact a lawyer in our Directory directly if you need a private opinion about your specific circumstances.
Changing Parenting Order Due to Other Parent Having Health Epsidoe
Max S (Edmonton)
My ex spouse had an episode over the weekend, during their parenting time, where they experienced severe memory loss & cognitive impairment. My children called me to pick them up as they had been left home alone because my ex spouse's partner was taking their parent to the hospital.
My ex spouse's memory eventually came back later that evening, but my spouse couldn't remember the epsiode. The hospital tests showed nothing, and my spouse is apparently being referred to a specialist to find out the cause of this.
I'm very worried that since there was no answers, that my spouse could have another episode like this and lose their memory and become very disorientated when they are left alone with my children.
My ex spouse has stated that because the hospital couldn't find anything that my ex spouse is still ok to have parenting time with our children, and that everything is fine.
I'm wondering if it would be advisable to retain a lawyer to go to court to apply for full custody until my ex-spouse sees a specialist and gets a diagnosis or answers for what happened.
Have you considered waiting to hear back about tests and being supportive? Your children were obviously old enough that they were able to call you and notify you that they needed to be picked up so what is the danger that requires you to jump into Court? I hope the children's' other parent is okay. You should probably monitor this and support the other parent if needed until more is known.
18 months ago
Dawn Nelson - Dawn L. Nelson, Barrister & Solicitor (Edmonton) Verified Lawyer
I agree with the Anonymous Lawyer. You do not have enough information to go to court right now.
In the meantime, I would direct you to the Family Resolution Hub https://familyresolution.alberta.ca/getting-started to explore other out-of-court options. A conversation, perhaps supported by a counsellor, to figure out what kind of safety measures can be put in place to support your children in this situation may be appropriate.
Court ought to be the last resort.
If there is more information behind your question, you may want to speak with a lawyer in a confidential setting to get specific advice tailored to your unique circumstances.
08 months ago
You must log in or sign up to reply to conversations.
DISCLAIMER: The information herein is not legal, tax, or accounting advice or opinions.
This website contains content and files submitted by third parties, to which you download or view at your own risk.
The Alberta Legal Coaches and Limited Services Society is merely a directory, it is not responsible for the actions or omissions of the lawyers listed in its directory.
By using this website, you agree to release the Alberta Legal Coaches and Limited Services Society, its agents, employees, and directors from all present and future claims and liability, including liability arising from any negligence.
