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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By Fiona Nelson
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.
By Boudicca
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.
By Mum22
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.