Legal Guardian vs Absent Father. Can I trust my daughter to my friend over father with PR?

[Adulting247]

I am a single mum writing my first Will and plan to list my closest family friend as Legal Guardian for my 10 yo daughter.
I have an indefinite restraining order against her father for DV and harassment. He is named on her birth certificate.

He has not seen her since she was 13 months old. She doesn’t know him. He pays no child maintenance or has made no attempt to see her in 9 years.

If my will states my daughter goes to my friend is that enough? Or what can I do to prevent him trying to take her.
he has a history of drug, alcohol, anger issues and prison sentences in the past decade. My daughter will have a big inheritance and I fear he might want access to this should the unthinkable happen.

please if anyone has been in a similar situation I’m keen to hear

As he has PR, the appointment of your friend as guardian won't take effect when you die unless you have a CAO saying that your daughter lives with you. However, if your daughter moves in with your friend, he will have to go to court if he wants to take her. The courts will consider your daughter's best interests. It may help to leave a side letter with your will, explaining why you don't want your daughter to live with her father.

You could tie the inheritance up in a trust to limit access to it before your daughter is an adult.

Thank you. Both of those replies are very helpful.

We really are completely estranged. And him from his mother too.
I’m not sure if he’s in jail or what part of the UK he lives. He’s never sought access before as he’d have to go through SS and cafcas and refused to pay for supervised visits and his alcohol and drug use would have been looked at. He is a narcissist, psychotic, dangerous man and unless he’s had a complete personality reform and character and lifestyle overhaul would be in no fit state to care for a child responsibly.

I will speak to the Will people and request leaving a side letter explaining why my friend would be in my daughter’s best interests and the safest, happiest place to be.

My daughter’s preference over everyone, including our family is my best friend.

I don’t have a CAO. I never needed one. As he never sought access after SS got involved and my daughter was with me.
Does this matter?

I would make sure that her inheritance will be supervised by your friend no matter who has custody of your DD. Make sure it's by name and separate from guardianship. With any luck that would completely put your ex off seeking control of your DD, especially if it's clear from the outset that the trust will pay legitimate costs only and a receipt will be required.

This is a very long time ago but when I was a single parent I got a legal guardian document drawn up by a solicitor so that in the event of anything happening to me my dd legally went to my friend rather than either her father or my family. Might be worth phoning a family solicitor to see if this is something you can still do. It wasn't complicated or expensive and gave me such peace of mind.

Yes I think this is a good idea. I’ll start with the Will and get that organised afterwards. Thank you for the advice