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Legal matters

What would children do if I died?

2 replies

OhWesternWind · 08/06/2012 16:22

I am on my own with the children. We have no contact with ex due to his abuse and although he took me to court for contact his claim was dismissed by the judge and there is no contact order on place. He does not have pr for the eldest child but does for the other two. Due to the history here it is really important that the children are not sent to him if I were to die. Is there any way I can arrange this formally?

Thanks for your help.

OP posts:
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mumblechum1 · 08/06/2012 17:10

Yes, you can make a will appointing a guardian to look after your children, however you need to be aware that if there was a dispute, the court is not bound by a guardianship appointment. It is still a sensible thing to do, however, as it clearly states your wishes for the children's upbringing, and you can include a separate letter or statement to be placed with the will setting out your reasons for the father not to have care of the children.

The court would take into account your wishes, along with other appropriate evidence, and make an order in accordance with the children's best interests. Your Guardian would be able to lodge an application for a residence order in these circumstances.

If you're interested, I have an ad over on Small Business Classifieds titled "5* Will Writing Service Recommended by Mumsnetters".

I'm also happy to answer any questions if you want to PM me, at no charge and no obligation. Smile

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mumblechum1 · 08/06/2012 20:17

By the way, did the court actually impose a bar on contact in the future?

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