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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33902
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter is going in to hospital today and will be in

Customer Question

My daughter is going in to hospital today and will be in for at least 5 days. I have asked her mother to allow me to stay with her one of the nights but she is refusing and saying I can only have some access during the days around her and her family. IS there anything I can do about this now?
Submitted: 10 months ago.
Category: Law
Expert:  Harris replied 10 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-How old is your daughter?

-What are the usual arrangements for her, and are there any court orders in place?

Expert:  Clare replied 10 months ago.

Thank you for your question

My name is ***** ***** I have been a family lawyer for more than 30 years.

If you have Parental Responsibility for the child then you are allowed to be with her any times that parents are allowed on the ward - and usually on children's wards parents have open visiting.

However it is always open to the Nursing Staff to ask a parent to leave if that believe that the antagonism between the parents is haring the child (or other children on the ward

You cannot insist that you have one of the nights with her - and realistically it is unlikely to be in her interests for there to be any tension and changeovers whilst she is hospitalised.

That being the case you need to try and e conciliatory for the sake of your child.

This does not mean simply agreeing to whatever time you are offered, but it does mean that you must be the one who swallows the insults and proves that it is possible for both her parents to be on the ward and there to be no disruption.

Clearly if her mother is not with her - then you can and should be

Please ask if you need further details

Customer: replied 10 months ago.
Thank you. Lily is 3 next week. I usually have her every Thursday night and every other weekend, there is no court order in place but I am named on her birth certificate.I will be calm around my ex it is more likely she will be the one who doesn't behave amicably. How is it that she can insist that she has all the night stays though? Especially is one is my usual night anyway?
Expert:  Clare replied 10 months ago.

It is not so much a matter of whet she can and cannot insist on it, it is more a matter of it not being possible to go to court on it - and if there is an argument between mum and dad about who should stay the hospital are going to support mum unless it is obvious she is not suitable

That being the case you need to be pragmatic and fight the battles you can win.

Customer: replied 10 months ago.
I do have police documents which would bring her suitability to question, I have previously had to call the police when she has threatened to hurt Lily. I have previously not used them as I feel it's important for both of us to be in Lily's life. Many thanks for your help, I am feeling stupid for not getting agreements in writing before hand
Expert:  Clare replied 10 months ago.

I am afraid the hospital staff would not look at them.

Stay calm and spend time with your child - believe me the beds the hospital provides are not comfortable

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