Wills - guardians

gosh I am full of questions at the moment.

How does the law stand on wills and children? If something were to happen to me before my child is old enough to leave school. Then I would like her to remain with my partner (whom I am to marry) and her younger siblings.
Because for her younger siblings to loose their mother and then their big sister as well would be extremely distressing for them. I would of course hope that my partner and my ex would be able to maintain any contact in place. Until my daughter is of an age to decide for herself.

My ex doesn't agree with this. He wants it set up so that if something happens to me our daughter goes to live with him immediately.

If something were to happen to both of us, we would appoint guardians to take care of all of the children (4 in total) and hope that the guardians would work with my ex to maintain contact. Again the well being of the children being our highest priority.

Do I have to have his agreement on this or do we just make wills and hope for the best?

Hi Agatha,
Here's some guidanace on this that I've used. I've set up a will appointing two guardians in case I die.

Can people other than parents acquire parental responsibility?
Parental responsibility is not automatically granted to people who are not parents, even if in reality, they care for and are responsible for the child on a day to day basis. There are several ways that a person who is not the child’s parent may obtain parental responsibility for the child:
· by being appointed as a guardian to care for the child if those with parental responsibility for the child have died;
· by obtaining a residence order from the court which requires that the child lives with that person;
· by becoming the child’s special guardian; or
· by adopting the child.

A step-parent may make an agreement to obtain parental responsibility for his or her step-child providing all those
with parental responsibility agree. This is similar to the parental responsibility agreement and it will not take parental
responsibility away from those who already have it. The form required is called a C(PRA2) and can be obtained at local
county courts, family proceedings courts or at www.hmcourts-service.gov.uk.

More info can be found here:
www.childrenslegalcentre.com

Hope this is hepful.
Sprite x

so we would have to go to court and argue for it? I don't think my ex will willingly give my partner parental responsibility.

I asked in another thread and there seems to be a possible change in the laws coming here in Scotland

In Scotland a child's parent may appoint someone to be a guardian in the event the parent dies and the guardian has PRR conferred when the parent dies. Any PPR which the surviving birth parent has co exists with the appointee. See s7 Children (Scotland) Act 1995;

www.opsi.gov.uk/acts/acts1995/ukpga_19950036_en_2#pt1-pb2


I think the proposed change to PRR mentioned here was considered before the Family Law (Scotland) Act 2006 but it wasn't adopted. The Adoption (Scotland) 2007, which has yet to be implemented, changes the law in that it treats civil partners with step children in the same way as it treats married partners.