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Legal matters

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Delicate issue around welcoming a child to our home

7 replies

Howcanwehelp · 02/04/2021 11:16

As people do we are down to be guardians for our nephew if anything happens to dsil. The father isn't on the scene. She's had a medical scare and is writing her will to ensure that dn is with us and he inherits all she owns.
My legal question is this. He was born in another country although both parents are British. If anything happens to her how difficult will it be to bring him to the UK? Do we talk to the council about getting a special guardian ship order. We're hoping she's OK but it could be serious and I'm planning for the unlikely. Also we will need to buy a bigger house if it happens, I was planning on doing this anyway but it will have to happen if dn came to us. I believe any money dn inherits will be his but dh thinks we can use it to bring up dn?

OP posts:
PotteringAlong · 02/04/2021 11:18

If you’re planning on doing it anyway you do not need to use the money that belongs to your DN...

Howcanwehelp · 02/04/2021 11:21

We were planning it in 5 years plus, this will speed up the plan if he comes here. Any money spent will be refunded to him in the long term.

OP posts:
Tropicalsquirrel · 02/04/2021 11:21

Check what the rules are in the country he is in. Where I am (not the U.K.) you have to have legal guardianship arrangements for someone who will be there in that country- ideally set up by a lawyer- to take care of the child while their permanent guardian comes from the U.K. to get them. If you don’t have that, the child will be taken in by social services in this country and it could take months to release them before they could then travel to the U.K.

GoWalkabout · 02/04/2021 11:23

I disagree, she should make provision in her will for the financial costs of raising him (in an ideal world). My bil used to say to us that dns 'would come with a substantial life insurance payment so you won't be out of pocket'. No idea about the other issue. Can her solicitor advise?

MusicWithRocksIn1t · 02/04/2021 12:22

I've written it into my will that my life insurance money will be for raising mt DC, and my parents or my sister/brother are to take care of them. Obviously I completely trust many family to do what's best for thr DC but why should they be hugely out of pocket when they are doing me and my DC the biggest favour imaginable

skeggycaggy · 02/04/2021 12:50

As Tropicalsquirrel says, SIL & BIL were living overseas with their children, who have British citizenship. They spoke to a lawyer in their locality and drew up a document in order for DH/me to be able to come collect the children in the event of their deaths, they had to name temporary guardians in the country of residence for the interim.

SavoyCabbage · 02/04/2021 13:54

She should be applying for a British passport for him unless he's a citizen of a country where you aren't allowed a second passport.

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