Guardianship after death

In the tragic circumstances when a child is orphaned, many questions are raised about with whom the child should live. Often the child’s nearest relatives will wish to assume parental responsibility for the child and there may be more than one person applying for guardianship.

If you need legal advice in respect of obtaining guardianship of a child we can help. We provide free initial telephone consultations for all our clients. Call our specialist Child Law Solicitors now on 0844 800 9860 or contact us online for advice.

Appointment of a Guardian

A parent with parental responsibility for a child or parents with joint parental responsibility may appoint another individual to be the child’s guardian in the event of their deaths. The appointment must be in writing, dated and signed by the person making the appointment. This includes where the person holding parental responsibility makes that appointment in their Will. The Will making that appointment must be properly executed as a Will with two witnesses who sign in the presence of the Testator.

If there is no will in place, a person can be appointed as a child’s guardian by application to the Court on the grounds that;

  1. A child has no parent with parental responsibility for him or
  2. There is no surviving parent or guardian with a residence order in his/her favour with respect to the child. The Court can appoint a guardian in any family proceedings on its own motion even though no application has been made for such an appointment.

In reviewing all applications the Court will have the future welfare of the child as its primary concern and may in some circumstances choose to appoint joint guardians.

If you need legal advice in respect of obtaining guardianship of a child we can help. We provide free initial telephone consultations for all our clients. Call our specialist Child Law Solicitors now on 0844 800 9860 or contact us online for advice.

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