Legal guardianship if one parent dies

[Santatizer]

My DC14 has had no contact with their father since the age of 11 after their father was arrested in front of them and, after a very long investigation, ultimately charged and found guilty of serious offences, receiving a suspended sentence. We were never married but he does have PR. We currently live with my DH with whom I will soon have another child (due imminently). I am fairly sure that my DC's father would refuse my DH PR, although am aware that the Court can override and award PR. Obviously, in only four years, DC will be 18 and the issue of PR no longer relevant but four years is four years. What can I do to protect my DC in the event that I die before they are 18? What would the default position be if my DH does not have PR in terms of legal guardianship? I am concerned that my DC would be expected to live with their DF and also concerned that they would have to go through distressing legal proceedings having just lost their mother. Can anybody advise me on what would happen in this scenario and what I can put in place to protect my DC and ensure they remain with my DH or my DM? What is the legal position?

You cannot absolutely guarantee that your children will live with your husband or your mother if you die. However, assuming they are still living with you and your husband at the time, the default position would be that they would stay with your husband. If your ex wanted them to live with him, he would have to apply to the courts for a Child Arrangements Order. The courts would be concerned with you children's best interests.

You could appoint your husband to be your children's guardian in the event of your death. Assuming there is currently no court order that your children live with you, the appointment would only take effect once both you and your ex died. However, making the appointment in your will and leaving a side letter explaining your reasons would be clear evidence of your wishes, although it would not be binding on the courts.