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Writing a will - Parental responsibility

4 replies

BamblesRambles · 02/06/2021 20:42

I’m looking to write a will and just needed some advice.
I have DD (4), her dad and I are divorced and I have a partner who I would like my DD to stay with should anything happen to me, does anyone know about parental responsibility, would that be appointed to my partner from my will? Or can anyone tell me more about it.

OP posts:
prh47bridge · 02/06/2021 21:00

If you have a child arrangements order saying that your daughter lives with you, you can name your partner as her guardian in your will. That will take effect if you die and he will get PR.

If you do not have an order, you can still name your partner as her guardian, but it will only take effect when everyone with PR has died. However, that does not mean your daughter would have to be handed over to her father. If there was a dispute about where she lived, the courts would decide what was in her best interests.

BamblesRambles · 03/06/2021 07:55

@prh47bridge

If you have a child arrangements order saying that your daughter lives with you, you can name your partner as her guardian in your will. That will take effect if you die and he will get PR.

If you do not have an order, you can still name your partner as her guardian, but it will only take effect when everyone with PR has died. However, that does not mean your daughter would have to be handed over to her father. If there was a dispute about where she lived, the courts would decide what was in her best interests.

Thank you for your response. I have an order in place that states my DD lives with me and every other weekend lives with her dad, does that still count?
OP posts:
prh47bridge · 03/06/2021 13:47

Yes, that counts. If you go down this route I would suggest leaving a side letter with your will explaining why you don't want your daughter to go to her father. That doesn't guarantee the court will go with your wishes if there is a dispute but it may help.

RedHelenB · 05/06/2021 19:04

What is the relationship lije with her father? Have you talked to him about what he thinks is best for your child? Might make things more straightforward if the worst was to happen.

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