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Hi there Damian here and new to the forum,a question for you guys please if you can help
My ex wife just told me she is off to Africa in the summer doing charity work in a remote hostile area,and that her friend has total rights to our 2 girls should something happen to her whilst abroad and this has been written in her will!! Is this right or would sole custody of the children come to me as their father,as i am more than willing to bring them up as we do share this at present
Hi Damiany,
Sorry just want to clarify a few things:
Is your ex is the resident parent? (do you daughters live with her most of the time?)
Do you have parental responsibility ?
Are your daughters staying in the uk whilst she is in Africa ?
If they are staying in the UK, who are they living with ?
If you can answer this questions, i will ask the Coram Childrens Legal Centre to pop by and offer you some free child law advice. When it comes to child law they are yoda.
Keep checking by and look for ther sage advice mate.
Gooner
Hi Damiany,
Thanks for your Query.
Any person with parental responsibility has the right to appoint a guardian in a will, however this will not automatically take effect when that person dies, if another person with parental responsibility is still living at the time. The other parent with parental responsibility will have automatic rights over the guardian appointed, and if the guardian wishes to have residency, they will have to go to court and apply for a Residence Order for that child. If however the person who appointed the guardian holds a Residence Order at the time of their death, the person that they have appointed guardian will obtain parental responsibility for the child, and will therefore have equal rights to the non resident parent.
We hope this answers your query. If you have any more queries please do not hesitate to contact us on our free legal advice line on 0808 802 0008
The Children's Legal Centre
- Samaritans – call 116 123
- Shout – text the word ‘Shout’ to 85258
