does a will override parental responsibility

[Daisypops]

Ex p and I seperated last year. My will states that I wish for my mother to have sole responsibility for my two girls should anything happen to me. Exp sees eldest dd once a week, he sometimes misses if he has no money for petrol he doesn't take both children together as hes pretty useless, wont chang pooey nappies etc. I suddenly had a thought today that because he is on both birth certificates and therefore has parental responsibility does that mean that what hes says happens and my wishes are ignored?
Any advice gratefully received.

I don't think a will overrides PR. you both have it, if one of you died, he other would still have it. Not sure what happens if your will stipulated someone else to take care of them in the event of your death though.

Thanks for replying. Driving myself mad wondering. Ex p is useless, he isnt capable of taking care of himself and has a drink problem and mental issues that he won't address. I think I need to take some legal advice.

That's a good idea. You may find some solicitors offer a free half hour, in which you might get an answer or told the likely cost of getting a solution which suits you. Good luck.

He will surely realise this for himself and maybe look at joint custody with your mother ?

That's my concern mosman. He really isnt suitable to raise children.

Oh love, what if your mum isn't there ? Or capable, maybe it will be the making of him and the next few years he'll step up ?

Just to answer the original question, neither your will nor his PR takes precedence. If there is a dispute it will be up to the courts to decide what is in your children's best interests.

So, if I die who will take care of my children initially? We're talking about a man who has just brought dd back from an afternoon in the snooker club for his access day. Wouldn't be surprised if he had a few pints before bringing her back too :(

Initially only the father will have PR. Your will only confers PR on your mum if dad's already dead.
It may well be that in practice your mum would apply for residence if he looked like wanting to take your daughter.

In a word - no. You cannot remove someone's PR with a will.

In your case your death wouldn't mean automatic residence to the other holder of PR however. If your ex wanted that and wanted that and your child habitually resided with anew partner and there was a dispute over residence he could apply to the court however.

Thanks for the replies.

So basically my mum will have to apply for residency for both my dd's if I die. Is there anything I can do now to make it easier for her?
My ex p really is unsuitable to be bringing up children hence the reason why we are no longer together.

I do not want to stop him seeing the girls but I cannot allow him to bring them up alone ifyswim.

He won't want to bring them up surely ?

If he's drink driving why do you allow him to take your children out at all?!

Sorry - off topic but I have no advice re the will thing.

Do you have life insurance?

I'm afraid the last poster is wrong. Your mother cannot acquire PR through a PR Agreement nor can she apply to the courts for PR. That route is only available to fathers, step parents and second female parents.

I only found out about him drink driving on Saturday. Hes not taking them out again until hes addressed his problems. I am going to see someone for advice on Wednesday morning.

OP, I'm a will writer and recommend that you appoint a guardian in your will and express the wish that your children don't live with their father. You need also to write a letter of wishes which would be kept with your will and would go into the details of why you don't want him to have residence.

In the extremely unlikely event that you die before your youngest is 18, the guardianship appointment would stand unless there was a dispute. If that happened, either your ex or your mother (or even both) would make an application to the court for a residence order. The court would take into account what you had written in your letter of wishes but of course would not be bound by that, but would make an order that it felt was in the best interests of your children. A cafcass officer would file a report making a recommendation regarding residence and also contact with their father if they went to your mum.

mumblechum1 is right that you can name someone as a guardian to have PR in the event of your death.

You can also state the childrens' wishes in your order.

The first point is enshrined in the 1989 Children Act. The second isn't however - if it came to a court case the will could be presented as evidence although it is unlikely to hold much weight on it's own: The same procedure would be followed regardless of it - Gillick Competency, wishes and feelings, paramountcy principle, etc. So if your dd's are very young now and it goes in a will don't expect it to be worth anything.

Thanks mumblechum and lostdad. My next question is do I need a family law solicitor or a will writer? Will a good will writer know about guardianship and a letter of wishes?

Op, if you'd like to get in touch, i have an ad on classified /small business section "5* willwriting service recommended by mumsetters".
:-)

Im looking mumblechum but I cant see it? Will go have another look

Omg! How did I miss that! Ive found it now! Its been a long day!