This month, Managing Director Steve Kirwan celebrated 30 years at Nowell Meller. Steve joined the firm in 1994 and Steve’s determination, dedication, passion and expertise has been integral to making Nowell Meller the firm it is today. ...
One of the biggest concerns for a parent is who will look after the children in the event of their death. If they are still in a relationship with the other parent naturally the child is likely to remain with that person. Consideration should however be given to ensure that the person with care has parental responsibility.
It is when you are separated or separating that worries start to arise. It is always advisable to make a Will and this gives you the ability to name a guardian. What effect this has in the event of your death depends on a number of factors.
If the other parent has parental responsibility and there is no court order in place ordering that the child should live with you, then the other parent will assume care and control over the child. Any wishes stated in your Will would be an indication of who you wished the child to live with. However, the person you appoint would have to apply to the Court to try and honour these wishes.
If you are the only person with parental responsibility, then you can appoint a guardian in your Will and the child would live with that person. If any biological parent should disagree they would have to challenge this via an application to the Courts.
Even if the other parent has parental responsibility, if you have a child arrangements order specifying that the child lives with you, you can appoint a guardian within your Will, and this would take effect on your death.
Regardless of your circumstances it is always advisable to make a Will and consider appointing a guardian, as this is the only way you can set out your wishes in the event of your death.
If you would like further advice and assistance regarding this issue or any other issue arising following a relationship breakdown please do not hesitate to contact Nowell Meller at either our Stoke on Trent office on 01782 813315 or our Stafford office on 01785 252377 or by email to sarah.thomas@nowellmeller.co.uk. Our specialist Family Team offer advice and representation. Contact us now to book your free initial consultation to discuss the options available to you.
